The Permanent Forum welcomes the organization of a workshop by the Indigenous People’s Center for Documentation, Research and Information in recognition of the historical role played by indigenous peoples within the United Nations system.
The Forum recommends that States and United Nations organizations involve indigenous peoples' representatives in designing, implementing and monitoring data collection and disaggregation by ensuring their membership in the mechanism of national commissions on population censuses and related institutional arrangements.
The Permanent Forum recommends that the Inter-agency and Expert Group on Sustainable Development Goal Indicators provide support for the inclusion and methodological development of core indicators for indigenous peoples in the global indicator framework, in particular the inclusion of the indicator on the legal recognition of the land rights of indigenous peoples for the targets under Goals 1 and 2.
Considering that indigenous peoples are empowered to assume leadership in governments at various levels, particularly at the local level, the Permanent Forum urges the United Nations system, including the Department of Economic and Social Affairs, UNDP and all other relevant agencies, with the support of Member States and donor agencies, to implement, before the convening of its next session, a platform for indigenous local-local cooperation and the establishment of a network of indigenous local governments for information exchange and capacity-building on public administration, local socio-economic governance and participatory approaches to facilitate the implementation of the goals of the United Nations Millennium Declaration and the United Nations development agenda at the local level among indigenous peoples in all regions.
The Permanent Forum is profoundly concerned about the report of the Special Rapporteur on the right to education regarding the extensive child-labour practices in many States involving indigenous children, which represents a grave violation of their human rights, including their right to education. The Forum urges States to consider their obligations in this regard according to the United Nations Convention on the Rights of the Child and ILO Conventions No. 138 (Minimum Age Convention) and No. 182 (Worst Forms of Child Labour Convention).
The goals of the Forum in this area are the promotion of cooperation, the exchange of information and the development of partnerships, as well as to improve coordination by facilitating regular contacts and reports. The Forum intends to address and report on this theme on an annual basis. The Forum, reaffirming its recommendations on health made at its first and second reports, in the spirit of the theme of its third session (Indigenous women), recommends that all relevant United Nations entities, especially WHO, UNICEF and UNFPA, as well as regional health organizations and Governments:
(a)Fully incorporate the principle that health is a fundamental human right in all health policies and programmes, and foster rights-based approaches to health, including treaty rights, the right to culturally acceptable and appropriate services and indigenous women’s reproductive rights, and stop programmes of forced sterilization and abortion, which can constitute ethnic genocide;
(b)Further develop and disseminate information about innovative strategies in health services to indigenous women, informed by indigenous concepts and understanding of health, wellness, healing, illness, disease, sexuality and birthing so as to ensure universal and accessible health-care services for indigenous women and girl children, and make available adequate financial and technical support for comprehensive, community-based, primary health services and health education, incorporating traditional indigenous components;
(c)Train and employ qualified indigenous women to design, administer and manage their own health-care programmes;
(d) Set up monitoring mechanisms for indigenous communities to report abuses and neglect with the health system to national health authorities, and put in place the legal framework to effectively address these issues;
(e) Encourage States to include and accredit traditional, indigenous health practitioners (physicians), including traditional birth attendants (midwives), and integrate them into state health-care systems, and give full recognition to the medicinal knowledge and medicines of these indigenous practitioners;
(f) Augment HIV/AIDS programmes by providing educational materials in indigenous languages and by using specially trained indigenous HIV/AIDS health workers to conduct outreach services and home care to indigenous communities, including voluntary testing for HIV/AIDS;
(g) Ensure that indigenous peoples, especially women, have access to all information relating to their medical treatment and to secure their prior informed consent to medical treatment;
(h) Provide appropriate health services and protection services, including safe houses, to displaced refugee and migrant women and women and girl children victimized by trafficking for prostitution;
(i) Implement the recommendations of the international consultation on health of indigenous peoples, held in Geneva at WHO in 1999, with special emphasis on the recommendations concerning the health of women and girls and the role of women in health care, indigenous knowledge and service provisions;
(j)Develop, in conjunction with indigenous women health providers, programmes to inform and sensitize indigenous women and men about cultural practices which have negative impacts on health, including female genital mutilation, child marriages and violence against women and the girl child in the domestic context, in order to encourage them to take precautions and safeguard the health and well being of the indigenous family;
(k)Ensure that the treatment of diseases is balanced by the promotion of health through the support of physical activity, sports and physical education in order to address escalating health concerns through prevention.
The Forum recommends that the Committee on the Rights of the Child, as the treaty monitoring body for the Convention on the Rights of the Child, review the compliance of States Parties with article 24, which recognized the basic right of all children to "the provision of adequate and nutritional foods and clean drinking water, taking into consideration the dangers and risks of environmental pollution", with particular attention to its impact on traditional subsistence foods, and that the Committee address those issues during the day of general discussion on the indigenous child in September 2003.
The Permanent Forum recognizes the cultural significance and medical importance of the coca leaf in the Andean and other indigenous regions of South America. It also notes that coca leaf chewing is specifically banned by the United Nations Single Convention on Narcotic Drugs (1961). The Permanent Forum recommends that those portions of the Convention regarding coca leaf chewing that are inconsistent with the rights of indigenous peoples to maintain their traditional health and cultural practices, as recognized in articles 11, 24 and 31 of the Declaration, be amended and/or repealed.
The Permanent Forum recalls the fourth preambular paragraph of the United Nations Declaration on the Rights of Indigenous Peoples, which affirms that all doctrines, policies and practices based on or advocating superiority of peoples or individuals on the basis of national origin or racial, religious, ethnic or cultural differences are racist, scientifically false, legally invalid, morally condemnable and socially unjust. Legal and political justification for the dispossession of indigenous peoples from their lands, their disenfranchisement and the abrogation of their rights such as the doctrine of discovery, the doctrine of domination, “conquest”, “discovery”, terra nullius or the Regalian doctrine were adopted by colonizers throughout the world. While these nefarious doctrines were promoted as the authority for the acquisition of the lands and territories of indigenous peoples, there were broader assumptions implicit in the doctrines, which became the basis for the assertion of authority and control over the lives of indigenous peoples and their lands, territories and resources. Indigenous peoples were constructed as “savages”, “barbarians”, “backward” and “inferior and uncivilized” by the colonizers who used such constructs to subjugate, dominate and exploit indigenous peoples and their lands, territories and resources. The Permanent Forum calls upon States to repudiate such doctrines as the basis for denying indigenous peoples’ human rights.
The Forum welcomes and supports the decision of the Commission on Human Rights as contained in paragraph 11 of its resolution 2003/56 of 24 April 2003 to hold a seminar on the administration of justice.
The Forum recommends that States pay special attention to the situation of uncontacted indigenous peoples, peoples in voluntary isolation, and peoples in isolated and remote localities and displaced peoples from indigenous communities. The Forum recommends that the Special Rapporteur on the human rights and fundamental freedoms of indigenous people pay special attention in his annual reports to the situation of these peoples. The Forum also considers that the situation of these peoples should be the subject of a special international meeting during the Second International Decade of the World’s Indigenous People.
The Permanent Forum recommends that the Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism pay particular attention to the impact of national security laws and anti-terrorism laws on indigenous peoples.