The Permanent Forum notes the progress made by the UNDP Regional Initiative on Indigenous Peoples’ Rights and Development and the ILO Programme to Promote ILO Convention No. 169 (PRO-169) projects in the promotion and protection of the rights of indigenous peoples. The Forum welcomes the decision by UNDP to establish a similar programme in Latin America and calls on UNDP to expand its activities in this manner in Africa.
The Permanent Forum recommends that OHCHR continue to contribute to strengthening the working relations between the treaty bodies and the three United Nations mechanisms which have specific mandates to address indigenous peoples’ issues in order to enhance compliance with the United Nations Declaration on the Rights of Indigenous Peoples. In this regard, OHCHR could facilitate the participation of the Chairperson of the Expert Mechanism on the Rights of Indigenous Peoples, the Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous people and the Chairperson of the Permanent Forum at the next annual meeting of the chairpersons of the treaty bodies.
The Permanent Forum recognizes that many positive developments regarding the recognition of indigenous peoples and the need to protect and promote their rights have occurred over the past years and welcomes the leading role of the African Commission on Human and Peoples’ Rights and the Working Group on Indigenous Populations/Communities in Africa in recognizing indigenous peoples on the African continent and promoting their rights. Several African countries have also contributed to the development of the recognition of indigenous peoples. The Forum notes with appreciation the ratification in 2010 by the Central African Republic of the International Labour Organization (ILO) Convention concerning Indigenous and Tribal Peoples in Independent Countries (Convention No. 169); the passage by the Congo of Law No. 5-2011, on the promotion and protection of indigenous populations, and the establishment of a legal platform to address the situation of indigenous peoples in the country; the constitutional progress in Kenya in 2010; and the introduction of quotas for the Batwa indigenous people in Burundi and Rwanda. The practice by African States of supporting indigenous peoples’ rights is developing and should be encouraged.
While the concept of indigenous peoples in Africa has been conceptualized and adopted by African Union bodies, including at the Heads of State summits, there remains a need to raise awareness of indigenous peoples on the continent and for robust and effective measures, including legislative measures, to ensure recognition of and respect for their human rights. Likewise, while the rights of indigenous peoples have been supported in African courts and in decisions by the African Commission on Human and Peoples’ Rights and the African Court on Human and Peoples’ Rights, gaps in implementation remain widespread. The Permanent Forum urges the concerned States to implement the decision of the African Commission on Human and Peoples’ Rights, including in the Endorois case; the order of provisional measures of the African Court on Human and Peoples’ Rights in the Ogiek case; and the decision of the High Court of Botswana in the case concerning the Kalahari Game Reserve. These cases are important because they contribute to the development of jurisprudence on the implementation of the United Nations Declaration on the Rights of Indigenous Peoples.
The Permanent Forum calls upon States to ensure that national policies regarding indigenous pastoralism and hunter-gatherers comply with the United Nations Declaration on the Rights of Indigenous Peoples.
The Permanent Forum acknowledges and accepts the study on the situation of indigenous persons with disabilities, with a particular focus on challenges faced with regard to the full enjoyment of human rights and inclusion in development (E/C.19/2013/6). The Forum recommends that the Committee on the Rights of Persons with Disabilities pay special attention, and take immediate action to respond, to the situation of indigenous persons and peoples with disabilities and encourage the United Nations system to facilitate the translation of the Convention on the Rights of Persons with Disabilities into indigenous and other languages.
The Permanent Forum is alarmed by the continuing acts of violence being perpetrated against indigenous peoples by Member States and others. The Forum therefore acknowledges the need for States to establish a monitoring mechanism to address violence against indigenous peoples, including assassinations, assassination attempts and rapes, and intimidation of indigenous peoples in their attempts to safeguard and use their homelands and territories that transcend national borders, including the non recognition of their membership identification and documents and the criminalization of their related activities. Specific attention must be paid to such actions being perpetrated by State and local police, the military, law enforcement institutions, the judiciary and other State-controlled institutions against indigenous peoples.
The Permanent Forum requests Member States to establish specific mechanisms at the national level in order to open and sustain dialogue between indigenous peoples and Governments to review the implementation of the recommendations of the Special Rapporteur on the rights of indigenous peoples, the work of the Expert Mechanism on the Rights of Indigenous Peoples and the recommendations of the Forum. The Forum requests United Nations agencies at the national level to facilitate such dialogue and that corresponding national mechanisms be established.
Recalling the recommendations made in paragraphs 4 to 11 of the report on its tenth session (E/2011/43-E/C.19/2011/14 and Corr.1) and the adoption of the United Nations Declaration on the Rights of Indigenous Peoples, the Permanent Forum expresses alarm regarding the contemporary application of the erroneous and discredited “doctrine of discovery” and its underlying assumptions, which promote the purported inferiority of indigenous peoples. This doctrine was applied in June 2012 by the British Columbia Court of Appeal to deny the land rights and title of the Tsilhqot’in to their traditional lands and territories by stating that “European explorers considered that by virtue of the ‘principle of discovery’ they were at liberty to claim territory in North America on behalf of their sovereigns”. The Forum strongly recommends that States, human rights bodies and judiciaries denounce the “doctrine of discovery” and discontinue its use and application.
The Permanent Forum requests that Member States and other potential donors increase their contributions to the United Nations Voluntary Fund for Indigenous Populations, the United Nations Indigenous Peoples’ Partnership and the Trust Fund on Indigenous Issues in order to guarantee the exercise of the right of indigenous peoples to participate in United Nations meetings of specific concern to them.
The Permanent Forum recommends that all Governments, including the Government of Canada, and the bodies established under the United Nations Convention on the Law of the Sea ensure respect for and recognition of the provisions of the United Nations Declaration on the Rights of Indigenous Peoples and that they follow up on the full and effective implementation of the Declaration, in particular in the context of Arctic indigenous peoples. In this regard, these parties must pay immediate and special attention to the right of indigenous peoples to participate in decision-making in all matters that affect their rights; the right of indigenous peoples to their lands, territories and resources; and the right of indigenous peoples to free, prior and informed consent.
The Permanent Forum recommends that States take steps to establish truth commissions in situations of reported gross violations of the human rights of indigenous peoples. The Forum underlines that the full and effective participation of affected indigenous peoples is a precondition for the establishment and work of truth commissions.