Indigenous peoples have a profound relationship with their environment. This includes their distinct rights to water. The Permanent Forum urges States to guarantee those rights, including the right to access to safe, clean, accessible and affordable water for personal, domestic and community use. Water should be treated as a social and cultural good, and not primarily as an economic good. The manner in which the right to water is realized must be sustainable for present and future generations. Moreover, indigenous peoples’ access to water resources on their ancestral lands must be protected from encroachment and pollution. Indigenous peoples must have the resources to design, deliver and control their access to water.
Many indigenous peoples described situations where their human rights were being impacted by large-scale infrastructure projects, natural resource extraction and industrial agriculture activities in their territories without their free, prior and informed consent. The Permanent Forum received information to that effect from the Shuar, Sapara, Maasai and Ogaden peoples, among others. The Forum is concerned, in particular, by cases where it appears that the interests of investors are better protected than the rights of indigenous peoples. It reiterates that States and the private sector must respect the human rights of indigenous peoples by ensuring the effective implementation of the United Nations Declaration on the Rights of Indigenous Peoples and the Guiding Principles on Business and Human Rights.
The Permanent Forum requests that UNICEF design, in partnership with other relevant United Nations agencies, a protocol for emergency situations resulting from natural disasters to ensure that, in cases of emergency, there are no violations of the human rights of indigenous peoples, especially indigenous youth, children and women, owing to forced relocation.
The Permanent Forum reiterates its call to all Member States to intensify their efforts to adopt the modalities for the World Conference as soon as possible and before the end of the sixty-sixth session of the General Assembly.
The Permanent Forum recommends that joint regional and/or thematic preparatory conferences, workshops or other events be organized with the support of Member States, United Nations agencies, funds and programmes and indigenous peoples, with the full participation of indigenous peoples and Member States, as well as the Expert Mechanism on the Rights of Indigenous Peoples, the Special Rapporteur on the rights of indigenous peoples and the Permanent Forum.
The Permanent Forum recommends to the President of the sixty-eighth session of the General Assembly the continuation of the practice, established during the sixty-sixth session of the Assembly, of appointing a State representative and an indigenous peoples’ representative to conduct inclusive informal consultations on his behalf in order to build consensus on the themes of the round table and panel discussions and the content of the outcome document of the World Conference, as well as to ensure the full and effective participation of indigenous peoples in the process.
In the absence of in-person sessions of the Permanent Forum for two years, the Forum expresses its appreciation of the online dialogues held with United Nations funds, programmes and specialized agencies and welcomes the continuation of this good practice in the coming years, beyond the effects of the pandemic. The Permanent Forum expresses its appreciation to the secretariat of the Forum for facilitating these dialogues and invites the secretariat to continue to do so.
The Permanent Forum urges the Secretary-General to convene, in consultation with the Forum and before its eighteenth session, regional consultations in each of the seven indigenous regions to discuss the modalities for the participation of indigenous people at the United Nations, including how the participation of indigenous representatives can be enhanced. The Forum urges Member States to support the organization of these regional consultations.
Further, the implementation of the Sustainable Development Goal on ensuring access to affordable and modern energy for all (Goal 7) is posing threats as well as providing opportunities for indigenous peoples. The Permanent Forum encourages States to work with indigenous peoples to develop guidelines for responsible renewable energy development.
The Permanent Forum recognizes the efforts of WIPO to support Indigenous Peoples in taking part in its processes, including through training programmes and support from its voluntary fund for Indigenous Peoples. It urges WIPO and its member States to ensure the full and effective participation of Indigenous Peoples in meetings, including the Diplomatic Conference in 2024 and its related preparatory meetings, on one or more international legal instruments relating to traditional knowledge, traditional cultural expression, genetic resources and folklore.
The Permanent Forum reiterates its call upon African Member States to extend invitations to the Special Rapporteur on the rights of Indigenous Peoples and other mandate holders to conduct country visits to foster transparent and constructive dialogue. The Forum notes the invitations from the Governments of Namibia and the United Republic of Tanzania to the Special Rapporteur to undertake country visits and invites Member States to provide financial support to realize these visits.