The Permanent Forum recommends that the Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism pay particular attention to the impact of national security laws and anti-terrorism laws on indigenous peoples.
The Permanent Forum recommends that Asian States:(a)Adopt the United Nations Declaration on the Rights of Indigenous Peoples, as adopted by the Human Rights Council on 29 June 2006, before the end of the sixty-first session of the General Assembly;(b)Recognize indigenous peoples constitutionally and legally as peoples, promote legal reform, in particular with regard to the recognition of indigenous peoples’ collective land rights and their customary laws and institutions, which promote diversity and pluralism;(c)Adopt laws regulating the activities of investors and mitigating the negative impact of economic liberalization on the territories of indigenous peoples;(d) Have national laws in conformity with relevant international norms and standards;(e)Establish land commissions or mechanisms that address violations of indigenous peoples’ land rights, facilitate the restitution of alienated land and settle disputes;(f) Establish full transparency regarding projects on indigenous territories by States and corporations, through the implementation of the principles of free, prior and informed consent, in accordance with customary laws and practices of the respective indigenous peoples;(g) Abandon transmigration policies and programmes and prevent illegal migration to indigenous territories.
The Permanent Forum calls on the European Commission, United Nations agencies, the World Bank Group, the Asian Development Bank, bilateral development agencies, export credit agencies and international and regional financial institutions, such as the Japan Bank for International Cooperation, to review, strengthen and implement their policies with regard to indigenous peoples in general, and indigenous peoples in Asia in particular, and to use the United Nations Declaration on the Rights of Indigenous Peoples,1 as a framework for reference.