The Forum recommends that States consider constitutional and other legal reform and educational reform to recognize and respect cultural, religious and linguistic diversity and spiritual practices, within the framework of international human rights standards, and to eliminate all forms of discrimination and segregation that has deepened historic inequalities.
The Permanent Forum reiterates its recommendations emanating from the Workshop on Data Collection and Disaggregation for Indigenous Peoples (see E/C.19/2004/2), in particular recommendations 16-22 and 24.
The Permanent Forum commends the Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous people for his efforts on behalf of indigenous peoples around the world and recommends that he continue his work in conformity with the principles he has established.
The Permanent Forum welcomes the outcome of the consultation entitled “Realizing the future we want in Latin America and the Caribbean: towards a
post-2015 development agenda”, held in Guadalajara, Mexico, in April 2013 at the initiative of the Government of Mexico, and values the good practice of exchange with other stakeholders, including civil society, the private sector and businesses. The Forum recommends that other Member States follow the same good practice.
The Permanent Forum welcomes the organization of the informal interactive hearing by the President of the General Assembly to reflect on possible further measures necessary to enhance the participation of the representatives and institutions of indigenous peoples in all meetings of relevant United Nations bodies on issues affecting them. The Forum urges Member States to convene, in cooperation with indigenous peoples, regional meetings in each of the seven sociocultural regions to discuss modalities in this regard.
The Forum recommends that the United Nations system urge all States to ratify the Kyoto Protocol, the Bio-Safety Protocol, the Stockholm Convention on Persistent Organic Pollutants (the Conference of Parties to the Stockholm Convention should establish mechanisms for indigenous peoples to maintain an active presence at its meeting), the Rotterdam Convention on Hazardous Chemicals, the Basel Convention on the Control of the Transboundary Movement of Hazardous Wastes and Their Disposal and its 1995 prohibition on the export of hazardous waste from the countries of the Organization for Economic Cooperation and Development to non-member countries, and 1996 Protocol to the London Convention on marine waste deposits etc.
The Permanent Forum urges its secretariat, in cooperation with the secretariat of the Convention on Biological Diversity, to organize a side-event on the occasion of the fifth meeting of the Ad Hoc Open-ended Working Group on Access and Benefit-sharing of the Convention on Biological Diversity, as an occasion for the co-chairs of the Working Group, States parties and other interested groups to consider the conclusions and recommendations contained in the report of the international expert group meeting, held from 17 to 19 January 2007, on the Convention on Biological Diversity’s international regime on access and benefit-sharing and indigenous peoples’ human rights.
The Permanent Forum reiterates the recommendation contained in paragraph 47 of its report on its seventeenth session and calls upon Member States to begin work on a global, legally binding regime for toxic industrial chemicals and hazardous pesticides under the Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade.
The Permanent Forum on Indigenous Issues welcomes the proposal made by the Expert Mechanism on the Rights of Indigenous Peoples in the report on its third session, which encourages OHCHR to hold an international expert seminar on truth and reconciliation processes. This proposal of the Expert Mechanism recognizes the importance of national truth and reconciliation processes for improving relations between States and indigenous peoples and for facilitating strengthened recognition and implementation of the rights of indigenous peoples.
The Permanent Forum recommends that relevant States with indigenous peoples invite the Special Rapporteur on the situation of the human rights and fundamental freedoms of indigenous peoples to undertake country visits. The Special Rapporteur should give priority to invitations from those countries where indigenous peoples have expressed concerns about their capacity to fully enjoy and freely exercise their human rights.
Recalling the recommendations made in paragraphs 4 to 11 of the report on its tenth session (E/2011/43-E/C.19/2011/14 and Corr.1) and the adoption of the United Nations Declaration on the Rights of Indigenous Peoples, the Permanent Forum expresses alarm regarding the contemporary application of the erroneous and discredited “doctrine of discovery” and its underlying assumptions, which promote the purported inferiority of indigenous peoples. This doctrine was applied in June 2012 by the British Columbia Court of Appeal to deny the land rights and title of the Tsilhqot’in to their traditional lands and territories by stating that “European explorers considered that by virtue of the ‘principle of discovery’ they were at liberty to claim territory in North America on behalf of their sovereigns”. The Forum strongly recommends that States, human rights bodies and judiciaries denounce the “doctrine of discovery” and discontinue its use and application.
The Forum takes note of the recommendations of the Special Rapporteur on the human rights and fundamental freedoms of indigenous peoples following his latest visits to Chile, Colombia and Mexico. The Forum calls upon the Office of the High Commissioner to elaborate technical cooperation programmes to assist in the implementation of the recommendations.
