The Permanent Forum urges States and State-owned corporations to consult and cooperate in good faith with the indigenous peoples concerned in order to obtain their free, prior and informed consent before the approval of any policies, plans and projects affecting their lands or territories and other resources, particularly in connection with the development, utilization or exploitation of minerals, water and other resources, in accordance with the United Nations Declaration on the Rights of Indigenous Peoples.
The Permanent Forum recommends that the Plurinational State of Bolivia should continue to link its policies for the freeing of individuals and the recovery of lands in the Chaco region with a view to the territorial reconstitution of the Guaraní people, which both the Government and APG consider the ultimate objective.
The Forum recommends that Member States, United Nations bodies and mechanisms, the Office of the United Nations High Commissioner for Human Rights and other parts of the United Nations system strengthen the machinery to address the urgent, gross and ongoing human rights violations, militarization of indigenous lands and systemic violence committed by Member States against indigenous peoples.
The Permanent Forum recommends that relevant special procedures of the Human Rights Council collaborate with each other and with other human rights bodies to address the situation of indigenous human rights defenders through monitoring, mediation, analysis and the provision of concrete recommendations for the effective protection of indigenous human rights defenders.
The Permanent Forum welcomes the study entitled “Free, prior and informed consent: a human rights-based approach” (A/HRC/39/62), prepared by the Expert Mechanism on the Rights of Indigenous Peoples. It encourages Member States, United Nations entities, including the International Labour Organization (ILO) and the World Bank, regional development banks, the private sector, civil society organizations and other stakeholders, to use the study as guidance for understanding the principle of free, prior and informed consent when working on issues of concern to indigenous peoples. The Forum also encourages indigenous peoples to use the study to guide the development of their own community protocols on free, prior and informed consent for engaging with these stakeholders.
The Forum is deeply concerned that particular problems and discrimination are faced by indigenous children and youth, including in the areas of education, health, culture, extreme poverty, mortality, incarceration, labour and other relevant areas. The Forum notes the need for new indicators to be developed by the United Nations that will specifically target those problems, and in that regard invites UNICEF to develop such new indicators and share them with other entities of the United Nations system, especially UNESCO.
The Forum underlines the importance of technical cooperation and capacity-building programmes regarding and involving indigenous women, and in that respect recommends that such programmes conducted by the Office of the United Nations High Commissioner for Human Rights, the Department of Economic and Social Affairs, ILO, UNDP, among others, include projects regarding and involving indigenous women.
Regarding the negotiations taking place at the sessions of the Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore of the World Intellectual Property Organization (WIPO), the Permanent Forum reiterates the urgent need to develop an instrument that responds to the current lack of adequate protection of traditional knowledge and recognizes indigenous peoples as equal stakeholders and the legitimate holders of their knowledge. The Forum calls upon the Intergovernmental Committee to fast-track the negotiations and to use its core budget to fund indigenous peoples’ participation in the deliberations.
A majority of States have yet to grant official recognition to indigenous peoples, let alone their collective rights to lands, territories and resources. The Permanent Forum expresses its grave concern about the non-recognition of indigenous peoples, in particular in Africa and Asia, and recommends that States incorporate the United Nations Declaration on the Rights of Indigenous Peoples into national legislation, policies and programmes.
The Permanent Forum recommends that the International Labour Organization (ILO), the World Bank, the Food and Agriculture Organization of the United Nations (FAO) and other relevant United Nations system agencies, in cooperation with the Permanent Forum, study and summarize practices regarding the implementation of free, prior and informed consent globally, that they widely disseminate successful experiences and that they present their findings to the Permanent Forum at its twenty - fourth session, to be held in 2025.
The Permanent Forum expresses concern over the misappropriation and misuse of indigenous peoples’ cultural heritage, traditional knowledge and traditional cultural expressions, and urges States and companies, in cooperation with indigenous peoples, to take effective measures to recognize and protect their rights, in accordance with article 31 of the United Nations Declaration on the Rights of Indigenous Peoples. In this regard, the Permanent Forum calls upon Member States to take measures to safeguard indigenous peoples’ rights to intellectual property by adopting laws and public policies, in which it is recognized that indigenous peoples have the right over their creations, knowledge, discoveries, works, traditional cultural expressions and other elements.