In anticipation of the first session of the Human Rights Council, the Permanent Forum recommends that indigenous issues be a standing item in the agenda of the Human Rights Council and that due attention be paid to the human rights and fundamental freedoms of indigenous peoples. The role of the Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous people should be maintained and further strengthened within the Human Rights Council.
The active participation of indigenous peoples and indigenous organizations should be ensured when matters affecting their rights are discussed by the Human Rights Council and any subsidiary bodies or processes that it decides to establish.
Recalling that the Human Rights Council will assume, review and, where necessary, improve and rationalize all mandates, mechanisms, functions and responsibilities of the Commission on Human Rights in order to maintain a system of special procedures, expert advice and complaint procedures; and recalling also that the Council shall complete the review within one year after the holding of its first session, the Permanent Forum strongly urges the Council to ensure the full participation of representatives of indigenous peoples in that review process. The Permanent Forum further urges the Council to maintain and improve mechanisms, mandates, special procedures, expert advice mechanisms and complaint procedures relevant and pertaining to the promotion and protection of the human rights and fundamental freedoms of indigenous peoples.
The Permanent Forum recommends that the Office of the United Nations High Commissioner for Human Rights, ILO and UNESCO convene an expert workshop in cooperation with the Permanent Forum on the situation of indigenous peoples in voluntary isolation in order to develop strategies and programmes for the protection of their rights and territories and report to the Permanent Forum thereon at its next session.
The Permanent Forum urges the international community to pay particular attention to the situation of the Batwa peoples, in particular Batwa women, and to support the inclusion of the San people and other indigenous groups in the national census. The Permanent Forum urges African States and their international development partners to review the poverty reduction strategy papers and other frameworks for integrating the specificities of such indigenous peoples as the Batwa, Pygmies, Touaregue, Amazigh, Khoisan and other hunter-gatherers or nomadic peoples in their countries, both in Central and in Southern Africa.
The Permanent Forum recommends to the Human Rights Council that, in the course of a universal periodic review, the situation of indigenous peoples of a country under consideration also be examined.
The Permanent Forum is convinced that a declaration on the rights of indigenous peoples will be an instrument of great value through which to advance the rights and aspirations of the world’s indigenous peoples. The Permanent Forum therefore recommends the adoption without amendments of the draft declaration on the rights of indigenous peoples as contained in the proposals of the Chairperson of the working group of the Commission on Human Rights on the draft United Nations declaration on the rights of indigenous peoples (see E/CN.4/2006/79, annex I) by the General Assembly during its sixty-first session in 2006. This would represent a major achievement for the Second International Decade of the World’s Indigenous People.
The Permanent Forum recommends that human rights treaty bodies begin to undertake dialogue and cooperation with indigenous peoples’ organizations with a view to discussing the preparation of general comments relevant to indigenous peoples, and that those bodies be encouraged to formulate recommendations and general comments within their competence on the rights of indigenous peoples.
The Permanent Forum recommends that United Nations human rights mechanisms examine the plight of indigenous peoples from French Polynesia, Guam and the Marshall Islands who have been victims of the effects of nuclear testing in the Pacific.
The Permanent Forum recommends that the Committee on the Elimination of Racial Discrimination elaborate a general comment on discrimination in housing, taking into account the situation of indigenous peoples.
The Permanent Forum supports the work of the Committee on the Rights of the Child in its current effort to draft a general comment on the status of indigenous children worldwide, supports the Committee’s effort to secure broad input from indigenous peoples and encourages wide dissemination of the final report to indigenous peoples, States and United Nations bodies and agencies.
United Nations special procedures are an essential tool for monitoring the implementation of priority human rights issues. The Permanent Forum recommends that the special procedures with a mandate on gender issues (carried out by the Special Rapporteur on violence against women, its causes and consequences, and the Special Rapporteur on trafficking in persons, especially in women and children) brief the Permanent Forum each year during its annual session on the situation of indigenous women.