The Permanent Forum recalls that, to ensure effective implementation, the Guiding Principles on Business and Human Rights must be aligned with the United Nations Declaration on the Rights of Indigenous Peoples, the Indigenous and Tribal Peoples Convention, 1989 (No. 169), of ILO, the Regional Agreement on Access to Information, Public Participation and Justice in Environmental Matters in Latin America and the Caribbean, known as the Escazú Agreement, and the jurisprudence of the human rights treaty bodies. Furthermore, the Permanent Forum recognizes the work of the Human Rights Council to develop an international legally binding instrument to regulate, in international human rights law, the activities of transnational corporations and other business enterprises. In that respect, the Permanent Forum stresses the need to ensure that the new instrument affirms indigenous peoples’ rights, including with regard to free, prior and informed consent. The Permanent Forum recommends that this instrument explicitly define due diligence processes and their specific methods of implementation. Therefore, the Permanent Forum underlines the importance of full and effective participation by indigenous peoples throughout the development of the instrument.
The Permanent Forum takes note of the sixth call for proposals of the Indigenous Peoples Assistance Facility of IFAD, which is focused on advancing indigenous peoples’ biodiversity conservation and sustainable management for adaptation and resilience to climate change. The Permanent Forum urges IFAD to facilitate direct access to climate financing to indigenous peoples’ communities and organizations through the Facility and the Adaptation for Smallholder Agriculture Programme, and encourages Governments and donors to support those initiatives.
The Permanent Forum reiterates its recommendation made at its eighteenth session for the Pan American Health Organization to prepare a study on the advancements in indigenous maternal health, including with the participation of indigenous midwives (E/2019/43, para. 45). The Permanent Forum also recommends that WHO prepare similar studies in other regions.