Those violations also take place in countries that have ratified the Indigenous and Tribal Peoples Convention, 1989 (No. 169). The Permanent Forum recommends that countries that have ratified that Convention update their legislation and legal systems to conform with the Convention and its provisions. The Permanent Forum welcomes the landmark ruling in October 2021 by the Supreme Court of Norway protecting Indigenous Peoples from the establishment of a windmill park that would interfere with their traditional reindeer grazing areas. The Permanent Forum urges the Government of Norway to implement the decision of the Supreme Court without delay. It also recommends that Norway urgently address the allegations of increased incidents of hate speech online and offline against the Saami peoples following the Supreme Court ruling.
Transnational and national extractive industries, at best, consistently disregard their responsibility to respect Indigenous Peoples’ rights and to engage in free, prior and informed consent processes. At worst, their practices and behaviours contribute to serious human rights abuses. The Permanent Forum recommends that Member States, as duty bearers, ensure that private sector entities respect Indigenous Peoples’ rights through safeguard and due diligence policies. It further recommends that Member States ensure the application of the Guiding Principles on Business and Human Rights: Implementing the United Nations “Protect, Respect and Remedy” Framework and the Guidelines for Multinational Enterprises of the Organisation for Economic Co-operation and Development. The Permanent Forum welcomes the ongoing international efforts to develop legally binding instruments that ensure accountability and due diligence by transnational companies. The reflection of the United Nations Declaration on the Rights of Indigenous Peoples in such instruments is essential.