The Permanent Forum recommends to Member States that the development agenda beyond 2015 recognize indigenous peoples’ right to self-determination, autonomy and self-governance, together with their right to determine their own priorities for their development, to participate in governance and policy decision-making processes at the local, national, regional and international levels and to develop mechanisms for consultation and participation of indigenous peoples, building on the fundamental right to free, prior and informed consent and full participation in the development process. The role of the United Nations country teams in that respect is crucial.
While the concept of indigenous peoples in Africa has been conceptualized and adopted by African Union bodies, including at the Heads of State summits, there remains a need to raise awareness of indigenous peoples on the continent and for robust and effective measures, including legislative measures, to ensure recognition of and respect for their human rights. Likewise, while the rights of indigenous peoples have been supported in African courts and in decisions by the African Commission on Human and Peoples’ Rights and the African Court on Human and Peoples’ Rights, gaps in implementation remain widespread. The Permanent Forum urges the concerned States to implement the decision of the African Commission on Human and Peoples’ Rights, including in the Endorois case; the order of provisional measures of the African Court on Human and Peoples’ Rights in the Ogiek case; and the decision of the High Court of Botswana in the case concerning the Kalahari Game Reserve. These cases are important because they contribute to the development of jurisprudence on the implementation of the United Nations Declaration on the Rights of Indigenous Peoples.
The Permanent Forum welcomes the interest of the Governments of Botswana and the Congo in supporting the rights of indigenous peoples in the region, including the World Conference process, and encourages other African Governments to follow this good practice. The Forum welcomes the willingness of Simon William M’Viboudoulou to assist in the preparation and successful hosting of these meetings.