The Permanent Forum expresses appreciation for Nepal being the only Asian country to ratify the Indigenous and Tribal Peoples Convention, 1989 (No. 169), in 2007. Nevertheless, it is concerning that, even 10 years after ratification, the Government has not adopted a national action plan to implement the Convention. The Forum recommends that Nepal immediately adopt a national action plan, including in line with its commitment in the outcome document of the World Conference on Indigenous Peoples. The Forum urges other Asian States to consider ratifying the Convention as per the recommendations made by treaty bodies and in the universal periodic review.
The Forum calls for the dissemination and full implementation of the recommendations of the Special Rapporteur's reports on the relationships of indigenous peoples and land rights, and on permanent sovereignty of indigenous peoples over their natural resources and invites the Special Rapporteur, through the Subcommission on the Promotion and Protection of Human Rights, to present an updated report at the next session of the Forum
The Permanent Forum expresses concern regarding indigenous young people in situations in which they are increasingly migrating from their communities because of poverty, lack of economic opportunities and climate change. With a focus on Sustainable Development Goal 8, the Forum encourages ILO and IOM, in cooperation with indigenous peoples, to conduct a study, by 2021, on good practices on, opportunities for and challenges in generating culturally appropriate, decent work for indigenous young people. The study should inform the development of programmes and initiatives for indigenous youth employment, both in their communities and in the context of migration.
The Permanent Forum commends the establishment and achievements of the Regional Indigenous Peoples’ Programme of UNDP in Asia, and calls on UNDP to ensure that the funding of that programme will be increased and that similar programmes will be set up in other regions.
During the pandemic, indigenous peoples have been seriously affected by a lack of access to energy, health-care establishments, education centres, infrastructure that supplies clean water, and communication services and information technologies. Governments have made a range of efforts to support economic activity in their responses to the economic impacts of the pandemic. The relaxation of environmental and human rights standards in order to support activities that will promote economic growth, such as logging, mining, large-scale agriculture and various infrastructure and energy projects, threaten indigenous peoples’ territories. The Permanent Forum requests Member States to include indigenous peoples in the preparatory process and the outcome of the high-level dialogue on energy to be held by the General Assembly in September 2021, in order to accelerate action on achieving Goal 7 and the implementation of the 2030 Agenda and the Paris Agreement.
The Forum recommends that in order to raise further awareness of indigenous peoples and the Millennium Development Goals, the Economic and Social Council High-level Segment to be held from 29 June to 1 July 2005, and the General Assembly Summit to be held in September 2005 allow presentations of recommendations of the Forum at its fourth session on the Millennium Development Goals by the Chairperson of the Forum
The Permanent Forum appoints Mr. Michael Dodson, a member of the Forum, as a special rapporteur to prepare a draft guide, based on the relevant principles contained in the Declaration on the Rights of INdigenous Peoples, taking into account the provisions of ILO Convention 169 that relate to indigenous land tenure and management arrangements, to assist indigenous peoples, States and United Nations agencies in negotiating indigenous land tenure and management arrangements.
The Permanent Forum recommends that the Organization of American States establish a consultation mechanism, composed of experts from indigenous peoples, as part of the effort to ensure national implementation of the American Declaration on the Rights of Indigenous Peoples, the United Nations Declaration on the Rights of Indigenous Peoples and the Indigenous and Tribal Peoples Convention, 1989 (No. 169).
The Permanent Forum recommends that States ensure access to justice for indigenous peoples, including indigenous women, through formal justice institutions, national human rights institutions and other forms of redress or recourse, all while taking into account indigenous peoples’ customary laws, institutions and processes, consistent with articles 21, 22 and 34 of the Declaration.
The Permanent Forum recommends that the full, effective and direct representation and participation of indigenous peoples, including their indigenous governments, councils, parliaments and other political institutions, should be ensured at all United Nations forums and multilateral and bilateral negotiations, and in the drafting processes of the corresponding emerging instruments, for example, those under discussion at the World Bank, the World Intellectual Property Organization (WIPO), the secretariat of the Convention on Biological Diversity. Such instruments must be harmonized with the Declaration, which is regarded as a reflection of the minimum human rights standards necessary for the promotion and protection of indigenous peoples, nations and communities. Such instruments should be consistent with or exceed those minimum standards.
The Permanent Forum also recommends that WHO and the Pan American Health Organization (PAHO) engage in an intersessional round table on the pandemic with Forum members to ensure that ongoing mitigation planning and efforts are uniquely adapted to the needs of indigenous peoples, including by applying intercultural approaches to health, such as those applied by PAHO in the Americas.
The Permanent Forum recommends that WHO create and convene regional round tables to address the issue of indigenous peoples and the pandemic in order to ensure that the indigenous peoples of the globe are uniquely considered in mitigation efforts. Such round tables would also offer a timely opportunity to coordinate actions for responding to the impact of the pandemic on indigenous peoples.