The Permanent Forum is concerned by the high number of indigenous children being removed from their families and placed into public social care, in particular in developed countries. In this regard, the Forum noted with satisfaction the Expert Mechanism’s engagement on the rights of the indigenous children. The report of the Expert Mechanism on the indigenous child will be discussed at its forthcoming session, in July 2021.
The United Nations system and other intergovernmental organizations and donor agencies should implement, at the country level, existing policies on indigenous peoples or develop such policies if they do not exist, and should strengthen the capacity of institutions to implement such policies and programs in an effective and sustainable manner
The Permanent Forum recommends that States ensure access to justice for indigenous peoples, including indigenous women, through formal justice institutions, national human rights institutions and other forms of redress or recourse, all while taking into account indigenous peoples’ customary laws, institutions and processes, consistent with articles 21, 22 and 34 of the Declaration.
Recalling articles 3–4, 8, 18, 25–26 and 32 of the Declaration, the Permanent Forum urges African States to promote, recognize and protect the collective rights of indigenous peoples to their lands, territories and resources through the development of mechanisms to ensure the legal recognition of land and resource rights, the resolution of land disputes, fair and equitable redress, and the creation of permanent dialogue frameworks to facilitate political participation and representation of indigenous peoples in decision-making.
The Permanent Forum is concerned by issues related to land tenure, the collective rights of indigenous peoples, customary rights, land-grabbing and the closure of transhumance corridors. The Permanent Forum therefore recommends that States of the Sahel and the Congo basin establish a legal framework to consolidate their national and local land tenure regimes with a view to resolving conflicts peacefully. In addition, those States should enhance access to justice for the aff ected indigenous pastoralists and provide training for judicial officials on those issues.
The accessibility of general recommendation No. 39 to Indigenous Peoples is crucial to ensure its effective implementation and impact on the ground. The Permanent Forum recommends its translation into Indigenous languages spoken by Indigenous Peoples in their States before the end of 2032.