The Permanent Forum regrets the very high incarceration rates of indigenous peoples globally, which contributes to poor health, poverty and untimely death, including in indigenous families and communities. States are reminded of their obligations under the International Covenant on Civil and Political Rights, the International Convention on the Elimination of All Forms of Racial Discrimination and the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, and should therefore address this issue urgently by reducing the incarceration and eliminating the cruel, inhuman and degrading treatment or punishment of indigenous peoples by justice systems.
Indigenous peoples have been a distinct constituency at the United Nations since 1977 and, with the adoption of the United Nations Declaration on the Rights of Indigenous Peoples by the General Assembly in 2007, their inherent rights were affirmed as the international minimum standard. The Permanent Forum reiterates the position of the Special Rapporteur on the rights of indigenous peoples, namely that it is unacceptable to undermine the status and standing of indigenous peoples by combining or equating them with non-indigenous entities such as minorities, vulnerable groups or local communities. Such attempts, whether by States or United Nations entities, are not acceptable and will be challenged by indigenous peoples and those mandated to defend their rights. The Permanent Forum urges all United Nations entities and States parties to treaties concerning the environment, biodiversity and the climate to eliminate the use of the term “local communities” in conjunction with indigenous peoples, so that the term “indigenous peoples and local communities” would be abolished.