Effective access to justice for indigenous peoples implies access to both the State legal system and their own systems of justice. Without accessible State courts or other legal mechanisms through which they can protect their rights, indigenous peoples become vulnerable to actions that threaten their lands, natural resources, cultures, sacred sites and livelihoods. Concurrently, the recognition of indigenous peoples’ own justice systems is pivotal in ensuring their rights to maintain their autonomy, culture and traditions.
The Permanent Forum recommends that Member States continue to develop legislation to support genuine indigenous representation and participation in decision-making. Legislative measures that create practical, economic, legal and political difficulties for the establishment and functioning of indigenous organizations and institutions worldwide should be addressed in order to allow for cross-border and international cooperation between indigenous peoples of different countries and with and within international organizations on issues and processes affecting them.
The Permanent Forum regrets the outcome and impact of the “Indigenous Voice” referendum on Indigenous Peoples, in particular Indigenous youth, held in Australia in 2023, which undermines their journey towards the full realization of the right to self-determination for Indigenous Peoples. The Forum urges the Government of Australia to implement the Declaration.
The Permanent Forum invites the Development Coordination Office to include Forum members in its future meetings with resident coordinators for Indigenous Peoples’ issues to be heard and to share experiences on the implementation of the United Nations Declaration on the Rights of Indigenous Peoples at the national level.