The Permanent Forum reiterates the recommendation it made to the United States at its twenty-second session to grant clemency to Leonard Peltier.
The Permanent Forum recommends that the United Nations system establish regional inter-agency working groups on Indigenous Peoples’ issues in regions that have not done so, in order to enable a coherent regional approach, similar to the approach taken in Latin America.
The Permanent Forum recognizes the history of the placement of Indigenous children in boarding and residential schools without free, prior and informed consent, where there have been dramatically grave negative impacts on the well-being and identity development of Indigenous students, on their families, and on the communities and cultures of Indigenous Peoples in all sociocultural regions. The Forum recommends that States find mechanisms to redress the harms caused by boarding and residential schools, and engage in effective reconciliation efforts. With respect to French Guiana specifically, the Forum calls upon the Government of France to establish a truth commission to investigate the conditions of boarding and residential schools in France and its overseas territories. The Government of France should adopt measures for healing, reparation and rehabilitation. The commission should guarantee gender equality in terms of inclusion and ensure the full participation of the Indigenous Peoples affected.
The Permanent Forum welcomes the first meeting of Escazú Agreement. The Escazú Agreement is the first instrument that includes provisions on the protection of human rights defenders in environmental matters. The Permanent Forum urges States parties to ensure implementation of the Agreement and invites them to establish mechanisms for the full and effective participation of indigenous peoples in the work thereof. The Permanent Forum reiterates its invitation to countries that have not yet signed or ratified the Agreement to do so.
The Permanent Forum invites the United Nations Global Compact to lead a study on how the human rights of indigenous peoples can be integrated into the model guidance for stock exchanges when reporting on environmental, social and governance information for their market, and report on its progr ess to the Permanent Forum at its twenty-second session, to be held in 2023.
The Permanent Forum demands that WIPO recognize and respect the applicability and relevance of the Declaration as a significant international human rights instrument that must inform the Intergovernmental Committee process and the overall work of WIPO. The minimum standards reflected in the Declaration must either be exceeded or directly incorporated into any and all WIPO instruments that directly or indirectly impact the human rights of indigenous peoples.
The Permanent Forum welcomes the “International Conference on Biological and Cultural Diversity: Diversity for Development and Development for Diversity” (8-10 June 2010, Montreal, Canada) as a useful dialogue on the interface of diversities and development and notes its goal to consider a future collaborative programme of work between the Secretariat of the Conference on Biological Diversity, the United Nations Educational, Scientific and Cultural Organization (UNESCO), other relevant agencies, including the Forum and relevant indigenous organizations and non-governmental organizations, and decides to send the Chair of the Forum to report on the outcomes of the ninth session of the Permanent Forum regarding the theme.
Indigenous peoples should be free to continue and enhance the participation of their institutions in various processes locally, nationally, regionally and globally in forms and ways that are culturally appropriate for them and that ensure equality and non-discriminatory access. In that regard, the Permanent Forum recommends that Member States and indigenous peoples involved in international regional cooperation forums exercise an inclusive and non-discriminatory approach towards indigenous peoples living in the countries and territories covered by such forums.
The Permanent Forum welcomes national engagement of the Expert Mechanism on the Rights of Indigenous Peoples with Brazil, Finland, Mexico, New Zealand and Sweden on projects related to, among others, the development of national action plans for the implementation of indigenous peoples’ rights, processes related to land demarcation and land titling, and facilitating the repatriation of sacred ceremonial objects. The Forum highlights the agreement facilitated by the Expert Mechanism among the Museum of World Culture in Sweden, the Yaqui people in Mexico and the United States of America on the repatriation of the Maaso Kova as a commendable best practice. The Forum encourages States and indigenous peoples to build on the successful country engagement practices and avail themselves of the Expert Mechanism’s unique analytical capacity and potential to support dialogue between indigenous peoples and Governments.
The Forum recognizes that:
(a) The right to education is a key instrument for achieving equitable development and respect for cultural diversity. Education is an investment in the future, a means to reduce poverty and counter discrimination; (b) Indigenous peoples have the right, including treaty rights (as relevant) to quality primary education that is sensitive to their holistic worldviews, languages, traditional knowledge and other aspects of their cultures, which contribute to human dignity, identity, and intercultural dialogue; c) Mother-tongue mediated bilingual education is indispensable for effective learning for indigenous children and for the reduction of dropout rates; (d) Any efforts to achieve Millennium Development Goal 2 are likely to fail if impartial and effective implementation of culturally sensitive educational programs, curricula and actions addressing the needs of indigenous peoples are not undertaken; (e) indigenous children experience particular difficulties relating to access to education of quality and sociocultural relevance at all levels. Obstacles are numerous and complex and include, among others, distance to schools, differences in lifestyles, for example, nomadic and semi-nomadic communities, discrimination, violence, extreme poverty and exclusion; (f) Education can be one of the most important tools for combating prejudice and discrimination. National curricula frequently ignore the cultures, treaties, histories, and spiritual values of indigenous peoples and reinforce stereotypes; (g) In many cases, current criteria to measure the achievement of Goal 2 regarding indigenous education are absent or are based on insufficient indicators which do not reflect indigenous educational specificities and are culturally inappropriate and insensitive
The Permanent Forum takes note with concern of the situation of indigenous peoples of the Sahel and other parts of Africa, where a number of factors, including climate change, are having a devastating impact on economic development and human security. The lack of recognition of the collective rights of these peoples has created fertile ground for their loss of territories and resources and the emergence of complex forms of conflict, including violent extremism. The Forum calls on the Working Group on Indigenous Populations/Communities in Africa of the African Commission on Human and Peoples’ Rights to prepare recommendations for the consideration of the African Union to address this situation, in partnership with the Economic Commission for Africa and other regional bodies.
The Forum recommends that the United Nations Entity for Gender Equality and the Empowerment of Women (UN-Women) and the bureau of the fifty-seventh session of the Commission on the Status of Women include indigenous women as experts on violence against women in the interactive panels and guarantee the participation of indigenous women in the process of preparation for and during the fifty-seventh session of the Commission.