UNPFII Report of 9th Session 2010

UNPFII Report of 9th Session 2010

E/2010/43-E/C.19/2010/15
United Nations Permanent Forum on Indigenous Issues
Report on the ninth session
(19-30 April 2010)
Economic and Social Council
Official Records, 2010
Supplement No. 23
Permanent Forum on Indigenous Issues
Report on the ninth session
(19-30 April 2010)
Economic and Social Council
Official Records, 2010
Supplement No. 23
United Nations • New York, 2010
E/2010/43-E/C.19/2010/15

ISSN 1728-0060

[19 May 2010]

Contents
Chapter Page
I. Matters calling for action by the Economic and Social Council or brought to its attention . . . 1
A. Draft decisions recommended by the Permanent Forum for adoption by the Council . . . 1
I. International expert group meeting on the theme “Indigenous peoples and forests” 1
II. Venue and dates of the tenth session of the Permanent Forum . . . . .. . . . 1
III. Provisional agenda for the tenth session of the Permanent Forum . . . . . 1
B. Matters brought to the attention of the Council . . . . . . . . . . . .. . . . . . .  . 2
II. Venue, dates and proceedings of the session . . . . . . . . . . . . . . . . . . . . . . 27
III. Adoption of the report of the Permanent Forum on its ninth session . . .28
IV. Organization of the session. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. .. . 29
A. Opening and duration of the session . . . . . . . . . . . . . . . . . . . . .. . . . .. . . 29
B. Attendance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
C. Election of officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . ... . . . 29
D. Agenda . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .  . . . . . . . . . . . . . . . . . . 29
E. Documentation . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . 30
Annex
Comprehensive dialogue with six United Nations system entities . . . . . . . .31

Chapter I
Matters calling for action by the Economic and Social
Council or brought to its attention

A. Draft decisions recommended by the Permanent Forum for
adoption by the Council

1. The Permanent Forum on Indigenous Issues recommends to the Economic and
Social Council the adoption of the following draft decisions:

Draft decision I
International expert group meeting on the theme “Indigenous peoples and forests”
The Economic and Social Council decides to authorize a three-day
international expert group meeting on the theme “Indigenous peoples and forests”,
and requests that the results of the meeting be reported to the Permanent Forum at
its tenth session and to the United Nations Forum on Forests at its ninth session.

Draft decision II
Venue and dates of the tenth session of the Permanent Forum
The Economic and Social Council decides that the tenth session of the Permanent Forum on Indigenous Issues shall be held in New York, from 16 to 27 May 2011.

Draft decision III
Provisional agenda for the tenth session of the Permanent Forum

1. Election of officers.

2. Adoption of the agenda and organization of work.

3. Follow-up to the recommendations of the Permanent Forum:
(a) Economic and social development;
(b) Environment;
(c) Free, prior and informed consent.

4. Human rights:
(a) Implementation of the United Nations Declaration on the Rights of
Indigenous Peoples;
(b) Dialogue with the Special Rapporteur on the situation of human rights
and fundamental freedoms of indigenous people and other United
Nations human rights mechanisms.
5. Half-day discussion on Central and South America and the Caribbean.
6. Comprehensive dialogue with United Nations agencies and funds.
7. Future work of the Permanent Forum, including issues of the Economic and
Social Council and emerging issues.
8. Draft agenda for the eleventh session of the Permanent Forum.
9. Adoption of the report of the Permanent Forum on its tenth session.

B. Matters brought to the attention of the Council

2. The Permanent Forum has identified the proposals, objectives, recommendations
and areas of possible future action set out below and, through the Council,
recommends that States, entities of the United Nations system, intergovernmental
organizations, indigenous peoples, the private sector and non-governmental
organizations assist in their realization.

3. It is the understanding of the Secretariat that the proposals, objectives,
recommendations and areas of possible future action to be carried out by the United
Nations, as set out below, will be implemented to the extent that resources from the
regular budget and extrabudgetary resources are available.

Recommendations of the Permanent Forum
Special theme: “Indigenous peoples: development with culture and identity: articles
3 and 32 of the United Nations Declaration on the Rights of Indigenous Peoples”

4. Development paradigms of modernization and industrialization have often
resulted in the destruction of the political, economic, social, cultural, education,
health, spiritual and knowledge systems of indigenous peoples. There is a
disconnect between dominant development paradigms and indigenous peoples due
to the way indigenous peoples are often viewed. For example, indigenous peoples
“development” is understood to be their assimilation into the so-called “civilized
world”. Also, indigenous peoples’ cultures and values are seen to be contradictory to
the values of the market economy, such as the accumulation of profit, consumption
and competition. Further, indigenous peoples and their cultures are seen as
“obstacles” to progress because their lands and territories are rich in resources, and
indigenous peoples are not willing to freely dispose of them.

5. The concepts of indigenous peoples in respect of development with culture and
identity are characterized by a holistic approach that seeks to build on collective
rights, security and greater control and self-governance of lands, territories and
resources. The concepts build on tradition, with respect for ancestors, but are also
forward-looking. They are based on a restorative philosophy underpinned by values
of reciprocity, solidarity, equilibrium, sustainability, sharing and collectivity.

6. The United Nations Declaration on the Rights of Indigenous Peoples provides
a strong basis from which indigenous peoples can affirm their rights and define their
aspirations in their relations with States, corporations, the United Nations system,
intergovernmental organizations and other institutions around development with
culture and identity. Article 3 is central to the Declaration since it refers to the right
to self-determination. Article 32 is also a key provision, which captures the essence
of culture with development and identity, affirms the principle of free, prior and
informed consent and refers to the respective obligations of States. Those articles
are the result of advocacy and concerns raised by indigenous peoples at the United
Nations.

7. Treaties and treaty principles should be included in the consideration of the
issue of indigenous peoples’ development with culture and identity. Therefore,
articles 3 and 32 of the United Nations Declaration on the Rights of Indigenous
Peoples should be read together with preambular paragraphs 7, 8, 14, 15, article 37
and the Declaration on the Right to Development.

8. The Permanent Forum welcomes the fact that its mandate and approach have
created a positive and cooperative environment where Member States make highlevel
announcements on the promotion and protection of the rights of indigenous
peoples and looks forward to the continuation of that practice.

9. The Permanent Forum recognizes that education is a critical underpinning of
the special theme. In particular, the right to education in the mother tongue is
fundamental to the maintenance and growth of culture and identity and cultural and
linguistic diversity.

10. The Permanent Forum endorses the report and recommendations of the
international expert group meeting on the theme “Indigenous peoples: development
with culture and identity: articles 3 and 32 of the United Nations Declaration on the
Rights of Indigenous Peoples” (see E/C.19/2010/14).

11. The Permanent Forum recommends that States, the United Nations system and
other intergovernmental organizations provide political, institutional and, in
accordance with article 42 of the United Nations Declaration on the Rights of
Indigenous Peoples, financial support to the efforts of indigenous peoples so that
they may consolidate their own development models and concepts and practices of
living well (for example sumak kawsay, suma qamaña, laman laka, gawis ay biag),
which are underpinned by their indigenous cosmologies, philosophies, values,
cultures and identities, as well as link efforts to implement the Declaration.

12. The Permanent Forum recommends that the efforts undertaken to develop the
indicators of sustainability and well-being of indigenous peoples should be continued
and supported by States, the United Nations system and intergovernmental bodies.
This will lead to the establishment of headline indicators to measure and represent
the goals and aspirations of indigenous peoples. These initiatives should lead to the
creation of an indigenous peoples development index, which the Human Development
Report Office of the United Nations Development Programme (UNDP) would adopt
as a project to be included in future issues of the Human Development Report.

13. The Permanent Forum recognizes the importance of indigenous peoples
knowledge systems as the basis of their development with culture and identity and
therefore recommends that ongoing international processes, such as negotiations on
the international regime on access and benefit-sharing of the Convention on
Biological Diversity, the Ad Hoc Working Group on Long-term Cooperative Action
of the United Nations Framework Convention on Climate Change, and the
Intergovernmental Committee on Intellectual Property and Genetic Resources,
Traditional Knowledge and Folklore of the World Intellectual Property Organization,
should recognize and integrate the crucial role and relevance of indigenous
knowledge systems in accordance with the United Nations Declaration on the Rights
of Indigenous Peoples.

14. The Permanent Forum calls on Member States, UNDP and other relevant
organizations to effectively involve indigenous peoples in the review processes of
the implementation of the Millennium Development Goals at the national and local
levels and to ensure that disaggregated data on how the Goals are achieved in
indigenous peoples territories be included.

15. The Permanent Forum also calls on the United Nations to ensure the active
participation of indigenous peoples at the High-level Plenary Meeting of the sixtyfifth
session of the General Assembly, to be held in September 2010.

16. The Permanent Forum welcomes the announcement by New Zealand to
endorse the United Nations Declaration on the Rights of Indigenous Peoples and the
announcement by the United States of America that it will review its position on the
Declaration. It also welcomes the indication by Canada in the 2010 Speech from the
Throne that it will take steps to endorse the Declaration. The Forum recommends
that the United States and Canada expedite their commitments made to endorse the
Declaration.

17. Furthermore, the Permanent Forum urges those States that have abstained to
reverse their positions and endorse the Declaration so as to achieve full consensus.

18. The Permanent Forum thanks Denmark, Finland and Germany for announcing
its contributions to the Trust Fund of the Permanent Forum and, given the steady
annual increase of applications from indigenous peoples’ organizations, encourages
other States to contribute to the Fund. Furthermore, the Forum expresses its
appreciation to the following countries, which have contributed to the Trust Fund in
the past: Algeria, Bolivia (Plurinational State of), Canada, Chile, Colombia, Cyprus,
Denmark, Ecuador, Estonia, Germany, Japan, Libyan Arab Jamahiriya, Luxembourg,
Madagascar, Mexico, Norway, Peru and Suriname.

19. The Permanent Forum appreciates the efforts made by the United Nations
Collaborative Programme on Reducing Emissions from Deforestation and Forest
Degradation in Developing Countries, which comprises the Food and Agriculture
Organization of the United Nations, the United Nations Environment Programme
and the United Nations Development Programme, to inform, consult and involve
indigenous peoples in United Nations activities relating to reducing emissions from
deforestation and forest degradation and encourages them to further consolidate the
partnership in accordance with the principle of free, prior and informed consent and
the Declaration.

20. The Permanent Forum congratulates the International Fund for Agricultural
Development (IFAD) for the approval of its policy on engagement with indigenous
peoples, consistent with international standards, in particular with the United
Nations Declaration on the Rights of Indigenous Peoples and the United Nations
Development Group guidelines. In the implementation of the policy, the Forum
encourages the Trust Fund to establish an indigenous peoples’ forum at IFAD, as an
example of a good practice to be followed by other United Nations agencies and
other intergovernmental organizations.

21. The Permanent Forum encourages all United Nations agencies that have not yet
developed a policy on engaging with indigenous peoples to follow the example of
sister agencies in order to ensure that the United Nations Declaration on the Rights
of Indigenous Peoples is adequately reflected in all United Nations programmes.

22. The Permanent Forum decides to appoint as a Special Rapporteur, Pavel
Sulyandziga, to conduct a study on indigenous peoples’ models of development in
line with the theme “development with culture and identity”, which is consistent
with indigenous peoples’ cultural aspirations and world views.

23. The Permanent Forum welcomes the “International Conference on Biological
and Cultural Diversity: Diversity for Development and Development for Diversity”
(8-10 June 2010, Montreal, Canada) as a useful dialogue on the interface of
diversities and development and notes its goal to consider a future collaborative
programme of work between the Secretariat of the Conference on Biological

Diversity, the United Nations Educational, Scientific and Cultural Organization
(UNESCO), other relevant agencies, including the Forum and relevant indigenous
organizations and non-governmental organizations, and decides to send the Chair of
the Forum to report on the outcomes of the ninth session of the Permanent Forum
regarding the theme.

24. The Permanent Forum calls upon UNESCO, the Secretariat of the Conference
on Biological Diversity, UNDP, the United Nations Children’s Fund (UNICEF), the
United Nations Population Fund, the World Intellectual Property Organization and
the United Nations Development Group to support indigenous peoples in their process
of cultural heritage restoration and strengthening. This process should be guided by
indigenous peoples in order to avoid the misuse and distortion of indigenous peoples’
culture, practices and knowledge and to respect their perspectives and aspirations.

25. The Permanent Forum recommends that UNDP include indigenous peoples in
its programme of democratic governance in order to support and strengthen
indigenous institutions and enable indigenous peoples to enjoy their right to
political participation and fortify their capacities for political conflict prevention
and resolution.

26. The Permanent Forum recommends that States consider the document entitled
“The human development framework and indigenous peoples’ self-determined
development or development with culture and identity” (E/C.19/2010/CRP.4) and in
particular pay attention to the conclusions and recommendations provided therein.

27. The Permanent Forum recommends that the International Council on Mining
and Metals provide a list of at least 10 projects that they recommend as good
practices in the involvement of indigenous peoples in mining operations and invite
members of the Forum, members of affected indigenous peoples and indigenous
experts to visit the project sites for the purpose of reporting back to the Forum at its
tenth session.

28. The Permanent Forum requests that the secretariat of the Permanent Forum on
Indigenous Issues publish a second volume of the State of the World’s Indigenous
Peoples, containing a section on development with culture and identity based on
information from indigenous peoples’ organizations, United Nations agencies and
States.

29. The Permanent Forum recommends that UNESCO, the Convention on
Biological Diversity, UNICEF and other relevant United Nations agencies convene
an expert meeting, in conjunction with the Forum, comprising intercultural and
educational experts and United Nations agencies to explore themes and concepts
related to bilingual, intercultural and multilingual education in the context of
teaching in mother tongue indigenous languages.

30. The Permanent Forum notes that in order to facilitate the expert meeting, there
is a need for country-specific situation analysis. The Forum invites UNESCO to
conduct this analysis, given the agency’s experience and expertise in the area. The
Forum also invites UNESCO to transmit the analysis to the Forum. The analysis
should identify the legislative and/or policy frameworks that States employ to
facilitate successful models of bilingual learning, multicultural and multilingual
learning and mother tongue education and identify the barriers to implementation of
those frameworks.

31. The Permanent Forum recommends that the United Nations system, the World
Bank Group, the Inter-American Development Bank, the Asian Development Bank,
the African Development Bank and other multilateral development banks formulate
policies to ensure that indigenous education projects that are financed take into
account the use, protection and intercultural preservation of indigenous languages
through supporting bilingual, intercultural and multilingual education in indigenous
languages. The International Monetary Fund should respect the rights of indigenous
peoples recognized in international law.

32. On the basis of information received at the ninth session, the Permanent Forum
expresses its deep concern about the changes in policy on bilingual education in the
Northern Territory, Australia. The Forum urges the Government of Australia to work
with its State and territory education systems to develop models of bilingual,
intercultural and multilingual education that are consistent with the United Nations
Declaration on the Rights of Indigenous Peoples and the United Nations Convention
on the Rights of the Child.

33. The Permanent Forum recommends that States, United Nations agencies,
financial institutions and donors promote and support development processes led
and carried out by indigenous women’s organizations, in accordance with articles 3
and 32 of the Declaration, for instance, leadership and capacity-building schools and
the creation of funds managed by indigenous women.

34. The Permanent Forum welcomes the organization of the World People’s
Conference on Climate Change and the Rights of Mother Earth, which was held in
Cochabamba, Bolivia (Plurinational State of), from 19 to 22 April 2010, and takes
note of the People’s Agreement of Cochabamba.

35. The Permanent Forum welcomes the decision 2009/250 of the Economic and
Social Council on a proposed amendment to the Single Convention on Narcotic
Drugs of 1961 as amended by the 1972 Protocol, related to the traditional use of the
coca leaf. The Forum recommends that Member States support this initiative, taking
into account articles 11, 24 and 31 of the United Nations Declaration on the Rights
of Indigenous Peoples.
Dialogue with the Special Rapporteur on the situation of human rights and
fundamental freedoms of indigenous people and other special rapporteurs

36. The Permanent Forum recommends that UNDP further engage indigenous
peoples in the discussion regarding the concept of human development and in the
elaboration of its Human Development Reports. The UNDP concept of human
development and its work to promote such a paradigm should be more strongly
founded on human rights principles and therefore on the United Nations Declaration
on the Rights of Indigenous Peoples. With regard to indigenous peoples, this means
recognizing the principles of self-determination, independent development and other
peoples’ rights. Thus, national, regional and global UNDP Human Development
Reports should reflect indigenous peoples’ views of development from the
perspective and with the participation of indigenous peoples themselves.

37. The Permanent Forum deems it urgently necessary for UNDP to develop a
deeper understanding of indigenous peoples’ world views. This requires, inter alia,
that UNDP enhance its own capacity in the area of the human rights of indigenous
peoples by having, at least, one full-time adviser on indigenous peoples’ rights. This
adviser should be an indigenous professional who has experience working in or withindigenous organizations. The Permanent Forum further recommends that UNDP
establish internal mechanisms to monitor and ensure compliance with its own
programmes and operations policies and procedures related to indigenous peoples’
rights. The UNDP Liaison Committee on Indigenous Peoples’ Issues, in collaboration
with the Permanent Forum, should develop a system to receive concerns from
indigenous peoples and ensure the application of the internal policies and
procedures of UNDP.

38. The Permanent Forum reiterates its recommendation that United Nations
agencies employ indigenous experts and requests that the International Labour
Organization (ILO) provide information on indigenous experts employed within the
United Nations system at the tenth session of the Permanent Forum.

39. The Permanent Forum encourages the Office of the United Nations High
Commissioner for Human Rights (OHCHR), ILO and UNDP to strengthen their
collaborative framework and partnership for the promotion and implementation of
indigenous peoples’ rights through joint country programmes aimed at building
capacity and establishing mechanisms for consultation, participation and consent in
accordance with ILO Convention C169 and the United Nations Declaration on the
Rights of Indigenous Peoples.

40. The Permanent Forum recommends that UNDP, OHCHR and ILO facilitate
dialogue and provide support to indigenous peoples in the areas of crisis prevention
and democratic governance as they relate to extractive industries operating in
indigenous territories in order to achieve more effective implementation and
protection of indigenous peoples’ rights.

41. The Permanent Forum recommends that States implement the principles
contained in General Comment No. 21 (2009) of the Committee on Economic,
Social and Cultural Rights on article 15, paragraph 1 (a), of the International
Covenant on Economic, Social and Cultural Rights regarding the right of everyone
to take part in cultural life. In its interpretation of the article, the Committee takes
into account the United Nations Declaration on the Rights of Indigenous Peoples. It
consequently distinguishes the right of indigenous peoples to take part in their own
culture from the same right as it applies to minorities. This distinction is made in
particular as a result of the extension of the concept of indigenous culture to
material aspects such as territories and resources.

42. The Permanent Forum suggests that the Human Rights Committee also
interpret the International Covenant on Civil and Political Rights taking into account
the provisions of the United Nations Declaration on the Rights of Indigenous
Peoples. In particular, the Committee should review its General Comment No. 12
(1984) on the right to self-determination (article 1 of the Covenant) and No. 23
(1994) on the rights of persons belonging to minorities (article 27 of the Covenant)
taking into account article 3 and other relevant provisions of the Declaration. In
addition, in accordance with the terms of General Comment No. 12, the Committee
should request State parties to the Covenant to report on their compliance with their
obligations regarding the right of all peoples, including indigenous peoples, to selfdetermination
and related rights. The Committee should request that State parties
prepare the relevant sections of their reports on the implementation of the Covenant
in consultation and cooperation with indigenous peoples.

43. The Permanent Forum welcomes the efforts of the Committee on the
Elimination of Racial Discrimination to construe the International Convention on
the Elimination of All Forms of Racial Discrimination, regarding indigenous
persons, taking into account the provisions of the United Nations Declaration on the
Rights of Indigenous Peoples. The Permanent Forum recommends that the
Committee request relevant State parties to the Convention to prepare the sections
relating to indigenous peoples in their reports on the implementation of the
Convention in consultation and cooperation with indigenous peoples.

44. The Permanent Forum notes that the 2010 annual report of the Committee of
Experts on the Application of Conventions and Recommendations devotes increased
attention to the implementation by States parties of conventions relevant to the
rights of indigenous peoples. The Permanent Forum also notes that 6 of the
12 countries under individual observation on ILO Convention C169 in 2010 must
submit a report in 2010, which indicates the serious concern of the Committee about
compliance with the Convention by those countries. The Permanent Forum urges the
relevant States to present their reports by the deadline established by ILO.

45. The Permanent Forum recommends that, during its June 2010 session, the
Committee on the Application of Standards of the International Labour Conference
follow up on the serious situations of violations of ILO Convention C169 mentioned
in the relevant previous observations of the Committee of Experts on the
Application of Conventions and Recommendations, as well as its own 2009
conclusions regarding the implementation of the Convention.

46. The Permanent Forum urges all States to commit to a process, with the
participation of indigenous peoples, responding to the country reports of all United
Nations special rapporteurs, including:
(a) Providing a written response to the rapporteur’s report, submitted to the
Human Rights Council, within six months of the report’s issuance. The response
should outline the State process for implementing the recommendations of the report;
(b) Developing and publicly promoting a strategy to implement the
recommendations of the report within 12 months of its issuance;
(c) Providing annual updates of the rapporteur’s report detailing the
implementation of the strategy until such time as the rapporteur conducts a new visit
to the State in question, or until that State undergoes a universal periodic review.

47. The Permanent Forum recommends that all States with indigenous peoples
review their legislation, policies and programmes in accordance with the United
Nations Declaration on the Rights of Indigenous Peoples and the Programme of
Action for the Second International Decade of the World’s Indigenous People.

48. The Permanent Forum supports the initiative of OHCHR to develop guidelines
for the protection of peoples in voluntary isolation and initial contact in the Amazon
Region and the Gran Chaco, which are currently under consultation with indigenous
organizations and the States concerned. The Permanent Forum recommends that, in
developing the guidelines, attention be directed to the United Nations Declaration
on the Rights of Indigenous Peoples, particularly in terms of the right to selfdetermination.
The organizations in closest contact with those indigenous peoples
that remain in voluntary isolation or initial contact should be involved in the
elaboration of these guidelines.

49. The Permanent Forum welcomes the increased cooperation among the Forum,
the Special Rapporteur on the situation of human rights and fundamental freedoms
of indigenous people and the Expert Mechanism on the Rights of Indigenous
Peoples on the basis of article 42 of the United Nations Declaration on the Rights of
Indigenous Peoples. In accordance with that article, the Permanent Forum expresses
its readiness to work closely with other United Nations mechanisms with mandates
that are also relevant to indigenous peoples, such as the Human Rights Committee,
the Committee on Economic, Social and Cultural Rights, the Committee on the
Rights of the Child and the Committee on the Elimination of Racial Discrimination,
and invites these bodies to participate in sessions of the Permanent Forum that are
devoted to human rights.

50. The Permanent Forum urges the Human Rights Committee and the Committee
on Economic, Social and Cultural Rights to require States parties to take into
account, in their reports to each body, the first article of both the International
Covenant on Civil and Political Rights and the International Covenant on Economic,
Social and Cultural Rights, which must be understood pursuant to article 3 of the
United Nations Declaration on the Rights of Indigenous Peoples, which sets out the
right of indigenous peoples to self-determination.

51. The Permanent Forum welcomes the invitation from the Government of
Colombia to organize a mission to that country.

52. The Permanent Forum welcomes the study of the Expert Mechanism on the
Rights of Indigenous Peoples on the right to education and the Expert Mechanism’s
Advice No. 1. The Permanent Forum encourages States, indigenous peoples and
others to disseminate these texts and incorporate them in national policies and
practices.

53. The Permanent Forum recommends that OHCHR pursue its efforts to
encourage increased use of the United Nations Declaration on the Rights of
Indigenous Peoples by national human rights institutions.
Follow-up summary report and recommendations of the mission of the Permanent
Forum to the Plurinational State of Bolivia

54. On 21 April 2010, the Permanent Forum on Indigenous Issues held an in-depth
dialogue on the situation of the indigenous peoples in the Chaco region with
representatives of the Government of the Plurinational State of Bolivia, leaders of
the Guaraní People’s Assembly (APG) and representatives of the United Nations
country team in the Plurinational State of Bolivia. This dialogue represents a new
working method based on the report on the Forum’s mission to the Plurinational
State of Bolivia (E/C.19/2010/6) and the response submitted by the Government of
the Plurinational State of Bolivia (E/C.19/2010/12/Add.1). The Permanent Forum
thanked the representatives of the Government, indigenous peoples and the United
Nations for their participation in the dialogue.

55. The Permanent Forum asked a number of questions on various issues,
including:
(a) Regulations for and conduct of the consultations regarding hydrocarbon
exploration and extraction;
(b) Functioning of the Chaco Police Command with a view to protection of
the Guaraní people and to progress in the freeing of individuals, families and
communities;
(c) Activities of the Human Rights Unit of the Ministry of Labour,
Employment and Social Security in jurisdictions with a Guaraní population;
(d) Activities of the Inter-ministerial Council for the Eradication of
Servitude, Forced Labour and Similar Practices;
(e) Progress in community-based agrarian reform with respect to the freeing
of individuals subjected to servitude or forced labour and of captive communities on
haciendas, and to the recovery of community lands usurped by haciendas;
(f) Plans for the freeing of Guaraní individuals and communities following
the establishment of the new judicial institutions envisaged in the Constitution;
(g) Applicability of the Penal Code to those who keep individuals and
communities in conditions of forced labour or captivity;
(h) Adoption of measures for the housing and health of the freed
communities pending the recovery of their lands, and thereafter;
(i) Adoption of specific measures to combat forced labour and the sexual
exploitation of children and adolescents, and concerning the education and health of
Guaraní children and adolescents;
(j) Provision of legal services to individuals, families and communities, not
only with a view to their freedom from servitude but also after their liberation.
Comments on the dialogue

56. The representatives of the Government of the Plurinational State of Bolivia
provided further information on the constitutional framework that hinders the State
policy for elimination of the servitude of indigenous people and recovery of their
land in accordance with the provisions of the community-based agrarian reform,
reiterating the unwavering commitment of the current Government of the
Plurinational State of Bolivia to that policy. The objective includes not only the
definitive freeing of Guaraní individuals and communities, but also reconstitution of
the territory of the Guaraní people. The Government representatives made it clear
that the new institutions referred to in the questions were still at an early stage and
that the new judicial institutions envisaged in the Constitution would be established
in 2011, in accordance with the Constitution’s implementation schedule. Meanwhile,
several important agrarian land titling cases related to the freeing of Guaraní
individuals and communities are stalled before the old judicial institutions.

57. The representatives of APG, for their part, maintained that the process of
eliminating forced labour and the captivity of communities was stalled owing to a
lack of Government will concerning the necessary land titling and recovery policies.
They stressed that that elimination would not be complete until there was a true
reconstitution of the territory of the Guaraní nation. They said that the fundamental
principle governing the entire process must be self-determination and that the
essential mechanism must be the prior, free and informed consent of the Guaraní
people itself.

58. For its part, the representatives of the country team said that the mission report
of the Permanent Forum had had a positive impact. They described the initiatives
and activities of the United Nations agencies and programmes aimed at
implementation of the respective recommendations and explained how the country
team planned to facilitate coordination among the various parties involved in
situations of servitude in the Chaco region.

59. Last, the representatives of the Government responded by stating that they
shared the concerns expressed by the representatives of APG and that they would
continue implementing the recommendations in accordance with the Constitution
and all the relevant statutes that were already in effect throughout the country,
prioritizing dialogue and consensus-building.

Recommendations

60. The Permanent Forum recommends that the Plurinational State of Bolivia
should speed up implementation of the constitutional provisions regarding the
freeing of individuals, families and communities in the light of the fact that forced
labour and servitude are serious human rights violations that must be addressed with
great urgency.

61. The Permanent Forum recommends that the Plurinational State of Bolivia
should consider implementing the resolutions of the National Agrarian Reform
Institute regarding the revocation of land titles on grounds of servitude in all matters
affecting not only the freedom of individuals, but also the recovery of land for
communities, thereby preventing legal proceedings from stalling a reform process
that defends, promotes and protects human rights.

62. The Permanent Forum recommends that the Plurinational State of Bolivia
should continue to link its policies for the freeing of individuals and the recovery of
lands in the Chaco region with a view to the territorial reconstitution of the Guaraní
people, which both the Government and APG consider the ultimate objective.

63. The Permanent Forum recommends that the Plurinational State of Bolivia
continue the implementation of specific policies in the areas of housing, health and
education in order to benefit the freed communities, paying particular attention to
those who have been subjected to servitude, and especially children and adolescents.

64. The Permanent Forum welcomes the inclusion of the Office of the Deputy
Minister for Decolonization, together with other competent institutions, in the
Government’s implementation of measures designed to eliminate servitude and
contemporary forms of slavery. Its cooperation will ensure a broader and more
comprehensive and effective strategy.

65. The Permanent Forum calls on the Office of the Attorney General and the
district prosecutors’ offices in the Departments of Chuquisaca, Santa Cruz and Tarija
to conduct criminal investigations into the events described by the Plurinational
State of Bolivia in its report to this session of the Forum and in the subsequent
report of the Inter-American Commission on Human Rights.

66. The Permanent Forum encourages APG to continue to give priority to its
endeavours to eliminate the servitude and contemporary forms of slavery to which
families and communities in Santa Cruz, especially in Alto Parapetí, and in
Chuquisaca, are subjected. The Permanent Forum encourages APG, as the
organization that represents the Guaraní people in the Plurinational State of Bolivia,to continue to give priority to combating these extremely serious human rights
violations as part of its broader programme of reconstitution of the Guaraní people.

67. The Permanent Forum encourages APG to continue to defend in a cooperative
and constructive manner, the principles of self-determination and free, prior and
informed consent in accordance with the United Nations Declaration on the Rights
of Indigenous Peoples, which the Plurinational State of Bolivia has incorporated
into its domestic law and applied through its Constitution.

68. The Permanent Forum thanks the country team for endorsing the
recommendations contained in the report on the mission to the Plurinational State of
Bolivia and for taking responsibility for follow-up to those recommendations. With
regard to attempts at consensus-building among the parties involved in situations of
servitude and practices of forced labour, the Permanent Forum recalls that human
rights are inalienable and that they include the rights of indigenous peoples
acknowledged in the United Nations Declaration.

69. The Permanent Forum urges OHCHR in the Plurinational State of Bolivia to
continue and strengthen its monitoring of the human rights of the Guaraní people to
address as a matter of urgency the situation of the families and communities that are
subjected to forced labour and other forms of servitude and to report regularly and
publicly on developments in that situation. In the area of technical assistance, the
Permanent Forum urges OHCHR in the Plurinational State of Bolivia to strengthen
the human rights capacities of the Guaraní authorities in Alto Parapetí and other
districts where there are serious human rights violations.

70. The Permanent Forum undertakes to continue to monitor implementation of
the recommendations contained in its report with the cooperation of all parties to
this dialogue: the Government, the representatives of indigenous peoples and the
United Nations country team.
Follow-up summary report and recommendations of the Permanent Forum mission
to Paraguay

71. On 21 April 2010, the Permanent Forum on Indigenous Issues held an in-depth
dialogue on the situation of indigenous peoples in the Chaco region with
representatives of the Government of Paraguay, officials of the Coordinating Body
for the Self-Determination of Indigenous Peoples of Paraguay (CAPI) and
representatives of the United Nations country team in Paraguay. This dialogue
represents a new working method based on the mission report of the Permanent
Forum, which visited Paraguay in April 2009 (E/C.19/2010/5), and the responses of
the Government of Paraguay in its report to the ninth session of the Forum
(E/C.19/2010/12/Add.2). The Permanent Forum thanked the representatives of the
Government, indigenous peoples and the United Nations for their participation in
the dialogue.

72. The Permanent Forum asked a number of questions on various issues, including:
(a) Respect for the principle of self-determination during the ongoing reform
of the Paraguayan Institute for Indigenous Affairs (INDI) and other agencies with
competence on indigenous issues, such as the Ethnic Rights Department of the
Office of the Public Prosecutor’s Office;
(b) Potential recovery of the lands of indigenous communities that were
usurped by the current owners, who acquired them without the need for a purchase
contract or through forced expropriation;
(c) Potential use of the rural land registry for purposes of land titling and
recovery of community land without placing a prohibitive burden on the public
coffers;
(d) Activities of the Inter-ministerial Council for the Eradication of
Servitude, Forced Labour and Similar Practices;
(e) The work of the Inter-Agency Commission for the Enforcement of
Judgments of the Inter-American Court of Human Rights and the Recommendations
of the Inter-American Commission on Human Rights;
(f) Coordination between the national programme for indigenous peoples
(PRONAPI) and INDI and the work of PRONAPI;
(g) The work of the Commission on Labour Rights and the Prevention of
Forced Labour under its plan of action to combat forced labour;
(h) Participation of indigenous peoples in INDI and in the new bodies
mentioned above;
(i) Fulfilment by the Office of the Public Prosecutor of its constitutional
mandate to defend the rights of indigenous peoples, especially in connection with
the specific provisions of the Code of Criminal Procedure on “punishable acts
relating to indigenous peoples”;
(j) Concrete action by the political, administrative and judicial authorities of
the Chaco region aimed at combating forced labour and ensuring the recovery of
community land;
(k) Specific measures taken in order to protect indigenous children in the
indigenous communities of the Chaco region under the current conditions;
(l) Potential development of coordinated international policies, particularly
with the Plurinational State of Bolivia, with a view to the freeing of individuals and
the recovery of indigenous peoples’ land in the joint Chaco region.

Comments on the dialogue

73. The representative of the Government of Paraguay provided further
information on the constitutional guarantees of private property that are hindering
the development of land titling policies with a view to freeing individuals and
rebuilding communities. In any event, he believed that the impending creation of a
rural land registry could provide an opportunity for such titling. He spoke about the
work of the new institutions, which is still at an early stage, and particularly that of
the Commission responsible for implementing, at last, the resolutions of the
Inter-American Court of Human Rights concerning the indigenous communities of
the Chaco region. He stressed the failure of Congress to cooperate in the
development of an indigenous land recovery policy and the problems that this posed
for the Government.

74. The representative of CAPI, for his part, acknowledged the effort that the
Government was making to promote policies for the recognition and compensation
of the indigenous peoples of Paraguay. He stressed the persistence of servitude,
forced labour, violation of the right to organize, dispossession of land and property,
lack of access to health services and, in many communities, genuine humanitarian
crises. The representative of CAPI recalled that in addition to the Guaraní, there
were other indigenous peoples in the Chaco region, such as the Ayoreo, some of
whom were living in voluntary isolation. He said that the Government of Paraguay
and CAPI were cooperating in the development of new policies. CAPI urged the
Government to seek ways to compel the legislative and judicial branches to
implement such policies. CAPI thanked the United Nations agencies with offices in
Paraguay, and particularly UNDP, for their assistance and support.

75. The representatives of the country team praised the mission and subsequent
report of the Permanent Forum and expressed their appreciation for the reception of
the report by the Government and the indigenous peoples’ organizations. They
described the initiatives and activities of the United Nations agencies and
programmes aimed at implementation of the respective recommendations and the
problems that had been encountered.

76. Last, the representative of the Government offered further detailed and
valuable information on the political commitment of the current executive branch
and on the various kinds of problems that it was addressing resolutely.

Recommendations

77. The Permanent Forum recommends that the Government of Paraguay should
remain firm in its commitment to cooperating with indigenous peoples’
organizations in order to find emergency solutions to the extremely serious situation
of the indigenous communities that have been wholly dispossessed of their land, and
to implement policies to ensure the reconstitution of their territory.

78. The Permanent Forum urges the Republic of Paraguay to take urgent action to
implement the resolutions of the Inter-American Court of Human Rights concerning
communities that are experiencing major humanitarian crises.

79. The Permanent Forum recommends that Paraguay should speed up the reform of
INDI and of other institutions with competence in indigenous issues so that the proper
participation of indigenous peoples will strengthen their democratic representation
before the legislative and judicial powers, which are still reluctant to act.

80. The Permanent Forum recommends that the Government of Paraguay should
make resolute progress towards the development of a land registry that will
facilitate land titling, and thus the recovery of land by indigenous communities and
the territorial reconstitution of their respective peoples.

81. The Permanent Forum welcomes the announcement of a flagship plan for the
acquisition of additional indigenous land in order to overcome the financial crisis
faced by INDI and the failure of Congress to cooperate by allocating the necessary
funds.

82. The Permanent Forum recommends that the Government of Paraguay should
give priority, in its emergency plans, to the protection of vulnerable indigenous
children from practices of forced labour and other forms of exploitation.

83. The Permanent Forum encourages the Government of Paraguay to continue to
accept assistance from United Nations agencies and programmes and national
cooperation agencies in order to develop policies aimed at the elimination of forced
labour and other forms of servitude, especially in matters relating to the most urgent
challenges: food, health, housing and education.

84. The Permanent Forum notes that forced labour and all forms of servitude
constitute serious human rights violations that it is urgent to address; it therefore
urges the Government of Paraguay to combat these practices as a matter of urgency.

85. The Permanent Forum recommends that those responsible for practices of
forced labour or other forms of servitude should be prosecuted under Paraguayan law.

86. The Permanent Forum recommends that Paraguay should propose the
negotiation of international agreements for protection of the rights of indigenous
peoples with the other States of the Chaco region — the Plurinational State of
Bolivia, Argentina and Brazil — and particularly with the Plurinational State of
Bolivia with a view to the latter’s development of additional policies aimed at the
freeing of individuals, the recovery of land and the rebuilding of peoples.

87. The Permanent Forum recommends that any future agreements with the
Plurinational State of Bolivia should provide, in particular, for means of protecting
the territory of the Ayoreo people living in voluntary isolation.

88. The Permanent Forum encourages CAPI and other indigenous peoples’
organizations to continue to defend the principle of indigenous peoples’ selfdetermination
that they have followed in asserting their own identity, and thus to
continue their efforts to reach agreement with the Government on reforms consistent
with the Declaration on the Rights of Indigenous Peoples.

89. The Permanent Forum thanks the country team for endorsing the
recommendations contained in the report on the mission to Paraguay and for taking
responsibility for follow-up to and implementation of those recommendations in
cooperation with indigenous peoples’ organizations.

90. The Permanent Forum undertakes to continue to monitor implementation of
the recommendations contained in its report with the cooperation of all parties to
this dialogue: the Government, the representatives of indigenous peoples and the
United Nations country team.
Half-day discussion on North America

91. Indigenous peoples of North America (Turtle Island) are found within all states
of the United States of America and within all provinces and territories of Canada.
Despite the fact that indigenous peoples live in developed and democratic firstworld
countries, the violation of their human rights affirmed in the United Nations
Declaration on the Rights of Indigenous Peoples — specifically, the right to selfdetermination
and the right to development with culture and identity based on
indigenous world views — has caused them to experience many critical socioeconomic
problems: lack of employment, lack of access to clean water, physical and
social isolation, substandard housing, critical health issues, high teenage suicide
rates, violence against women, alcohol and substance abuse, and high rates of crime
and incarceration. For example, the arrest and incarceration rates among indigenous
peoples are nearly four times higher than the national average. All these factors
contribute to the social dislocation of indigenous peoples and their alienation from
both their ancestral lands and North American society in general.

92. The Permanent Forum urges the Governments of Canada and the United States
to work in good faith with indigenous peoples for the unqualified endorsement and
full implementation of the United Nations Declaration on the Rights of Indigenous
Peoples, and urges that such endorsement and implementation honour the spirit and
intent of the Declaration, consistent with indigenous peoples’ human rights.

93. The Permanent Forum encourages United Nations agencies and other bodies to
offer training programmes for Canadian and national parliamentarians and United
States members of Congress, and staff within national institutions such as human
rights commissions and other agencies, with the aim of integrating the spirit and
intent of the Declaration into national policies.

94. The Permanent Forum encourages the Expert Mechanism on the Rights of
Indigenous Peoples and the Human Rights Council to continue the process of
addressing rights related to treaties and agreements between indigenous peoples and
the United States and Canada, including through the consideration and
implementation of the recommendations resulting from the first two United Nations
treaty seminars, held in 2003 and 2006, and by taking steps to hold a third seminar,
as mandated by the Economic and Social Council, and urges the Expert Mechanism
to advance the work on treaties.

95. Given the fact that the issue of missing and murdered indigenous women, as
well as other forms of violence, including trafficking and domestic violence, has
gained increasing public attention in Canada, the Permanent Forum urges the
Government of Canada to provide more emergency shelters serving indigenous
women, as well as better victim services, and specific programmes to assist
indigenous women who have been trafficked.

96. The Permanent Forum welcomes the decision of the Special Rapporteur on the
situation of human rights and fundamental freedoms of indigenous people to monitor
violence against indigenous women and girls in Canada, including missing and
murdered indigenous women and girls, in accordance with his mandate. Furthermore,
the Permanent Forum requests that the Special Rapporteur on the situation of human
rights and fundamental freedoms of indigenous people, as well as the Special
Rapporteur on violence against women, its causes and consequences, address the
situation of violence against indigenous women in the United States as well.

97. The Permanent Forum urges the Governments of Canada and the United States
to respect the right of indigenous nations to determine their own membership, in
accordance with article 33 of the United Nations Declaration on the Rights of
Indigenous Peoples.

98. The Permanent Forum recommends that the Governments of Canada and the
United States address the border issues, such as those related to the Mohawk Nation
and the Haudenosaunee Confederacy, by taking effective measures to implement
article 36 of the United Nations Declaration on the Rights of Indigenous Peoples,
which states that indigenous peoples divided by international borders have the right
to maintain and develop contacts, relations and cooperation with their own members
as well as other peoples across borders.

99. The Permanent Forum urges the Government of Canada to work with the
Friendship Centre Movement and other relevant organizations to determine how it
can strengthen its roles and responsibilities with regard to urban indigenous peoples.

100. The Permanent Forum urges the Governments of Canada and the United States
to eliminate all assimilation policies that further exacerbate the economic and other
disparities between indigenous peoples and the rest of the population.

101. The Permanent Forum urges the Governments of Canada and the United States
to financially support indigenous community education systems and their efforts to
protect and perpetuate indigenous languages, on a par with their dominant languages.
Comprehensive dialogue with the Secretariat of the Convention on

Biological Diversity

102. The Permanent Forum on Indigenous Issues held an in-depth dialogue with the
secretariat of the Convention on Biological Diversity on 23 April 2010. The
Permanent Forum welcomed the participation of the secretariat and expressed its
appreciation for its detailed and informative report on activities in support of
indigenous peoples (E/C.19/2010/3).

Discussion

103. The Permanent Forum commends the secretariat of the Convention on
Biological Diversity for the in-depth dialogue concerning its present work in
advancing and highlighting the role of indigenous peoples in achieving the goals
and mandates of the Convention. There are many areas of the work of the secretariat
that have a strong focus for indigenous peoples, such as traditional knowledge
through articles 8 (j) and 10 (c) and other important articles, access and benefitsharing,
climate change, sui generis and protected areas. The Permanent Forum
notes that there are several initiatives that enable indigenous peoples to participate
in the work of the Convention on Biological Diversity, including the voluntary fund,
which facilitates indigenous peoples’ attendance at relevant meetings under the
Convention.

104. The Permanent Forum notes that the meetings of the Ad Hoc Working Group
on Article 8 (j) and Related Provisions of the Convention are open to all parties and
include enhanced participation mechanisms for indigenous people, who are able to
make interventions on all agenda items. The Ad Hoc Working Group on Access and
Benefit-sharing has, in its most recent decisions, recognized the importance of the
participation of indigenous peoples in the elaboration and negotiation of the
international regime on access and benefit-sharing. The Forum congratulates the
secretariat of the Convention on Biological Diversity for facilitating and
collaborating with the Permanent Forum on a code of ethics to protect indigenous
traditional knowledge, which is scheduled to be adopted in 2010 at the tenth
Conference of the Parties to the Convention.

105. The Permanent Forum takes note of the 2008 Convention on Biological
Diversity Gender Plan of Action, which was drafted with the full and effective
participation of indigenous women, and notes that the secretariat of the Convention
on Biological Diversity continues to cooperate with the secretariat of the Permanent
Forum to ensure that the perspectives and strategies of indigenous women in
biodiversity-related issues are taken into account in the work being done under the
Convention with regard to indigenous traditional knowledge and that capacitybuilding
efforts target indigenous women.

Recommendations

106. The Permanent Forum notes with concern the slow progress made in the
negotiations on the final protocol on access and benefit-sharing. The Permanent
Forum reiterates its requests to the parties to the Convention to take into account the
United Nations Declaration on the Rights of Indigenous Peoples in the negotiation,
adoption and implementation of the access and benefit-sharing protocol.

107. The Permanent Forum congratulates the secretariat of the Convention on
Biological Diversity for considering the important role of indigenous peoples in its
activities related to the International Year of Biodiversity in 2010 and recommends
that it fund and organize a workshop on indigenous peoples and biological diversity
as part of its celebration of the Year.

108. The Permanent Forum welcomes the initiative of the secretariat of the
Convention on Biological Diversity and the United Nations Educational, Scientific
and Cultural Organization to host the International Conference on Biological and
Cultural Diversity: Diversity for Development (8-10 June 2010, Montreal, Canada)
to develop a joint programme of work on biological and cultural diversity, and
requests that future work include broad partnerships with the Permanent Forum,
other relevant agencies, indigenous peoples’ organizations and non-governmental
organizations.

109. The Permanent Forum decides to send a member of the Forum to participate in
the Conference to present the outcome of its ninth session on the question of
development with culture and identity.

110. The Permanent Forum welcomes the capacity-building efforts being carried
out by the secretariat of the Convention on Biological Diversity with the Indigenous
Women’s Biodiversity Network for the Latin American and Caribbean Region,
thanks to the patronage of the Government of Spain, and encourages other donor
Governments to consider sponsoring similar efforts in other regions, in particular in
Africa and in the Pacific region.

111. The Permanent Forum notes the general capacity-building efforts on access
and benefit-sharing in the African region carried out under Deutsche Gesellschaft
für Technische Zusammenarbeit (GTZ) of Germany and encourages further efforts
to bolster indigenous participation in those workshops and also in developing
workshops specifically for indigenous peoples and local communities.

112. The Permanent Forum calls upon the parties to the Convention on Biological
Diversity to adopt the terminology “indigenous peoples and local communities” as
an accurate reflection of the distinct identities developed by those entities since the
adoption of the Convention almost 20 years ago.

113. The Permanent Forum reiterates to the parties to the Convention on Biological
Diversity that, consistent with international human rights law, States have an
obligation to recognize and protect the rights of indigenous peoples to control
access to the genetic resources that originate in their lands and waters and any
associated indigenous traditional knowledge. Such recognition must be a key
element of the proposed international regime on access and benefit-sharing,
consistent with the United Nations Declaration on the Rights of Indigenous Peoples.

114. The Permanent Forum invites United Nations bodies with expertise on human
rights, cultural rights and the traditional knowledge of indigenous peoples to
provide legal and technical comments on the revised draft protocol to the
Convention on Biological Diversity on access to genetic resources and the fair and
equitable sharing of benefits arising from their utilization for transmission to parties
to the Convention for consideration in their final negotiations.

115. The Permanent Forum decides to appoint Michael Dodson and Victoria Tauli-
Corpuz, Members of the Permanent Forum, as Special Rapporteurs to organize and
undertake a technical review of the proposed international regime on access and
benefit-sharing, as recommended in paragraph 48 (i) of the report of the
international expert group meeting on the international regime on access and
benefit-sharing and indigenous peoples’ human rights of the Convention on
Biological Diversity (E/C.19/2007/8).

116. The Permanent Forum recommends that the Ad Hoc Working Group on Access
and Benefit-sharing consider at its next meeting the report of the international
indigenous and local community consultation on access and benefit-sharing and the
development of an international regime (UNEP/CBD/WG-ABS/5/INF/9).

117. The Permanent Forum decides to appoint a member to participate in any future
meetings of the Working Group on access and benefit-sharing and the tenth
Conference of the Parties to the Convention.

Future work of the Permanent Forum

118. The Permanent Forum on Indigenous Issues has analysed and discussed
indigenous fishing rights in the seas on the basis of a report submitted by the
Special Rapporteurs. As a result of those discussions, the Forum considers the
protection of the material basis of the culture of indigenous peoples to be a part of
international law that should be applied also to fishing rights in the seas, and
recommends that States in which indigenous peoples live in coastal areas recognize
indigenous peoples’ right to fish in the seas on the basis of historical use and
international law. In that context, the Forum notes the ongoing consultations
between the Government of Norway and the Sami Parliament and recommends that
the Government recognize the right of the coastal Sami to fish in the seas on the
basis of historical use and international law.

119. The Permanent Forum welcomes the adoption by the Central African Republic
of ILO Convention No. 169.

120. The Permanent Forum welcomes the publication of the socio-linguistic atlas of
indigenous peoples in Latin America by UNICEF, the Spanish Agency for
International Development Cooperation and the Foundation for PROEIB Andes, the
training programme in intercultural and bilingual education for Andean countries.

121. The Permanent Forum welcomes the March 2009 visit of a Nepali delegation
of Constitutional Assembly members to the Plurinational State of Bolivia and to
Guatemala, aimed at sharing and exchanging experiences on constitutional reform
and the implementation of ILO Convention No. 169 with Constitutional Assembly
members and representatives of the Governments of both countries.

122. The Permanent Forum decides that Forum members Lars-Anders Baer,
Bartolomé Clavero Salvador, Michael Dodson and Carsten Smith shall prepare a
paper that responds to the comments made by certain Member States on the annex to
the report of the Permanent Forum on its eighth session (E/2009/43) at the general
segment of the substantive session of the Economic and Social Council, in July 2009.

123. The Permanent Forum recommends that the summit on the Millennium
Development Goals address directly all of the recommendations on the Goals made
by the Forum, in particular the recommendation that States take concrete steps to
audit and review their plans and policies in order to ensure that they are consistent
with, and promote and protect, the human rights of indigenous peoples, in accordance
with the United Nations Declaration on the Rights of Indigenous Peoples.

124. The Permanent Forum recommends that indigenous peoples’ organizations,
particularly those concerned with indigenous women and young people, participate
fully in the design, implementation, monitoring and evaluation of policies and
programmes related to the Millennium Development Goals. This includes
participation in the preparations for the summit on the Millennium Development
Goals through national consultation processes and in decision-making on the
proposed summit outcome.

125. The Permanent Forum takes note of the recommendations contained in the
following reports:
(a) Report of the international expert group meeting on indigenous children
and youth in detention, custody, foster care and adoption;
(b) Study on the impacts of the global economic crisis on indigenous
peoples;
(c) Report on indigenous peoples and corporations;
(d) Study on indigenous fishing rights in the seas;
(e) Study to determine the impact of climate change adaptation and
mitigation measures on reindeer herding;
(f) Study on consideration and recognition of Mother Earth rights;
(g) Study to determine whether climate change policies and projects adhere
to the standards in the Declaration on the Rights of Indigenous Peoples;
(h) Preliminary study on the impact on indigenous peoples of the
international legal construct known as the Doctrine of Discovery, which has served
as the foundation for the violation of their human rights.

126. The Permanent Forum decides to reappoint Victoria Tauli-Corpuz as Special
Rapporteur to complete a study on the impacts of the global crisis on indigenous
peoples by 31 December 2010 and submit it to the Permanent Forum at its tenth
session, in 2011.

127. The information and material presented in the preliminary study of the
international construct known as the Doctrine of Discovery indicates the need for
further study and review and for a more comprehensive assessment and exploration
of the issues raised therein on violations of indigenous peoples’ inherent rights,
particularly as recognized in the United Nations Declaration on the Rights of
Indigenous Peoples.

128. The Permanent Forum decides that the special theme for its eleventh session,
in 2012, will be “The Doctrine of Discovery: its enduring impact on indigenous
peoples and the right to redress for past conquests (articles 28 and 37 of the United
Nations Declaration on the Rights of Indigenous Peoples)”.

129. The Permanent Forum decides to hold a half-day discussion at its tenth
session, in 2011, on the theme “The right to water and indigenous peoples”.

130. The Permanent Forum expresses its concern about the continuing and longterm
negative impacts of large dams on indigenous peoples in many parts of the
world. Many large dams continue to be planned for construction on indigenous
lands. The Permanent Forum supports the implementation of the recommendations
of the World Commission on Dams contained in its report Dams and Development: A
New Framework for Decision-making. The implementation of these recommendations
must be in accordance with the provisions set out in the United Nations Declaration
on the Rights of Indigenous Peoples.

131. The Permanent Forum reiterates its concern about conservation efforts,
including the designation of national parks, biosphere reserves and world heritage
sites, which frequently lead to the displacement of indigenous peoples from their
traditional lands and territories. In this regard, the Permanent Forum requests that a
member of the Forum attend the thirty-fourth session of the UNESCO World
Heritage Committee, to be held in Brasilia, Brazil, in August 2010.

132. 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.

133. The Permanent Forum recommends that adequate and sustained funding and
other support be provided to the aforementioned projects of UNDP and ILO and that
they be replicated in different regions of the world.

134. The Permanent Forum takes note of the report submitted by the International
Indian Treaty Council and the Food and Agriculture Organization of the United
Nations on the three-year field-testing programme for the cultural indicators for
food security, food sovereignty and sustainable development, which included the
input of more than 450 indigenous representatives from 66 indigenous communities
and peoples in five countries. The Forum recognizes the importance of such
collaborative programmes undertaken jointly by United Nations agencies and
indigenous peoples, and calls upon members of the Inter-Agency Support Group and
Member States and agencies to develop and apply the cultural indicators in
accordance with their mandates, in collaboration with indigenous peoples.

135. The Permanent Forum recommends that interested parties organize an
international expert group meeting on the theme “Indigenous peoples: sacred plants
and sites, articles 11, 24 and 31 of the United Nations Declaration on the Rights of
Indigenous Peoples”, and requests that the conclusions of such a meeting be
submitted to the Forum at its tenth session.

136. The Permanent Forum welcomes the convening of the first Latin American
Regional Meeting on the Right to Consultation and Free, Prior and Informed
Consent, to be held in September 2010 with the participation of ILO, the Expert
Mechanism on the Rights of Indigenous Peoples and the Special Rapporteur.

137. The Permanent Forum welcomes the joint initiative of the United Nations
Environment Programme (UNEP), the Association of World Reindeer Herders, and
the International Centre for Reindeer Husbandry aimed at assessing the impacts of
land-use change and climate change on nomadic pastoralists and on their adaptation
options and opportunities, focusing on taiga reindeer herding in the Russian
Federation, Mongolia and China, and yak herding in the Himalayas. The objective
of the project is to increase the resilience and capacity to adapt to climate change of
the nomadic communities while building partnerships between reindeer- and yakherding
communities, strengthening local institutions and increasing the capacity of
nomadic herders to engage in land-use and natural resource management.

138. The Permanent Forum calls on the Inter-American Development Bank to
establish an advisory council of indigenous peoples to implement its strategy on
indigenous peoples.

139. The Permanent Forum decides to appoint Lars-Anders Baer, a member of the
Forum, as a Special Rapporteur to undertake a study on the impacts of the cumulative
effects of land fragmentation, natural resource exploration, diminishing land and
associated rights, together with the multiple effects of climate change, on traditional
indigenous economies and land management by reindeer herders, to be completed
by 31 December 2010 and submitted to the Permanent Forum at its tenth session.

140. The Permanent Forum decides to appoint Paimaneh Hasteh, a member of the
Forum, as a Special Rapporteur to conduct an analysis on the duty of the State to
protect indigenous peoples affected by transnational corporations and other business
enterprises, to be submitted to the Forum at its eleventh session, in 2012.

141. The Permanent Forum decides to appoint Lars-Anders Baer, as a Special
Rapporteur to undertake a study on the status of implementation of the Chittagong
Hill Tracts Accord of 1997, to be completed by 31 December 2010 and submitted to
the Forum at its tenth session.

142. The Permanent Forum decides to appoint as a Special Rapporteur Elisa Canqui
Mollo, a member of the Forum, to conduct a study on forced labour and indigenous
peoples, to be completed by 31 December 2010 and submitted to the Forum at its
tenth session.

143. The Permanent Forum decides to appoint Victoria Tauli-Corpuz, a member of
the Forum, as a Special Rapporteur to prepare a study on indigenous peoples and
forests, to be completed by 31 December 2010 and submitted to the Forum at its
tenth session.

144. The Permanent Forum decides to appoint Bartolome Clavero Salvador, a
member of the Permanent Forum, as a Special Rapporteur to conduct a study on
international criminal law and the judicial defence of indigenous peoples’ rights, to
be completed by 31 December 2010 and submitted to the Forum at its tenth session.

145. The Permanent Forum expresses its deep appreciation to the sponsors of the
screening of the movie Avatar, which took place during the ninth session and was
arranged by the secretariat of the Forum. The Forum would also like to thank James
Cameron, the director of the movie, for his presence at the screening and for his
participation in the panel discussion that was held after the screening. The Forum
also welcomes Mr. Cameron’s support for indigenous film-makers and his offer to
assist them in future.

146. The Permanent Forum endorses the report and recommendations of the
international expert group meeting on the theme “Indigenous peoples: development
with culture and identity: articles 3 and 32 of the United Nations Declaration on the
Rights of Indigenous Peoples” (E/C.19/2010/14) and the reflection paper of the
Inter-Agency Support Group on Indigenous Issues, entitled “Indigenous peoples:
development with culture and identity in the light of the United Nations Declaration
on the Rights of Indigenous Peoples” (E/C.19/2010/17), prepared by the United
Nations Educational, Scientific and Cultural Organization on the special theme of
the ninth session.

147. The Permanent Forum thanks the permanent participants of the Arctic Council
for the Moscow Declaration, signed at the Arctic Indigenous Leaders Summit held
in April 2010. The Forum urges member States of the Arctic Council and relevant
United Nations agencies to implement the provisions contained in the Moscow
Declaration.

Indigenous peoples and corporations

148. The Permanent Forum calls upon States to implement the recommendations of
the Special Rapporteur on the situation of human rights and fundamental freedoms
of indigenous people and the Special Representative of the Secretary-General on
business and human rights regarding extractive industries, resolving issues on the
basis of dialogue, engagement and in particular the fundamental principles of human
rights and the rights of indigenous peoples.

149. The Permanent Forum urges States to review their policies on biofuel
industries, which, in the name of remedying the impacts of climate change, are
resulting in the deforestation of large forest areas and the displacement of
indigenous peoples. That increases the vulnerability of indigenous communities and
in particular of those living in voluntary isolation.

150. The Permanent Forum invites extractive industry corporations to engage in a
constructive dialogue with the Forum with a view to the elaboration of concrete
plans to strengthen corporate social responsibility and respect for the rights of
indigenous peoples, in particular the principle of the free, prior and informed
consent of those affected by the activities of such corporations.

151. The Permanent Forum decides to reappoint Elisa Canqui Mollo, Carlos
Mamani Condori and Pavel Sulyandziga as Special Rapporteurs, to complete their
report on corporations and indigenous peoples by 31 December 2010 and to submit
it to the Forum at its tenth session.

152. The Permanent Forum recommends that the Special Representative of the
Secretary-General on business and human rights and the United Nations Global
Compact unite their efforts in cooperation with the Forum, engaging with the private
sector on issues related to indigenous peoples, including the promotion of the
United Nations Declaration on the Rights of Indigenous Peoples and its
implementation.

Half-day discussion on indigenous peoples and forests

153. The issue of indigenous peoples and forests was the focus of a half-day
discussion during the ninth session of the Permanent Forum. Many indigenous
peoples live in forests that are their traditional territories. Their way of life and
traditional knowledge has developed in tune with the forests on their lands and
territories. Indigenous peoples who live in forest areas have clearly defined rights to
land and natural resources, including communal ownership of their ancestral lands,
management of the natural resources on their territories, the exercise of their
customary laws, and the capacity to represent themselves through their own
institutions.

154. Unfortunately, States have considered indigenous peoples’ forests as Statecontrolled
forests and converted them for other uses such as logging, agribusiness
plantations and mineral, oil and gas extraction. Such encroachments often force
indigenous peoples out of their territories. Furthermore, some conservation schemes
that establish national parks and wilderness reserves deny forest-dwelling indigenous
peoples their rights.

155. The Permanent Forum recommends that States recognize the right of
indigenous peoples to own, control, use and have access to their forests, and calls on
States to reform their laws and policies that deny indigenous peoples that right. The
Forum is gravely concerned about the continuing eviction of indigenous peoples
from their forests and calls on States and the United Nations system and other
intergovernmental organizations to protect and respect the rights of forest-dwelling
and forest-dependent indigenous peoples and to provide redress to those whose
rights have been violated.

156. The Permanent Forum welcomes the decision taken by the General Assembly
in its resolution 61/193 to declare 2011 the International Year of Forests. The Forum
calls on the United Nations Forum on Forests to work closely with the secretariat of
the Permanent Forum to ensure the full participation of indigenous peoples in the
design and implementation of the activities planned for the International Year of
Forests, including the implementation of the recommendations referred to in
paragraph 23 above.

157. As part of its mandate on the environment, the Permanent Forum has raised
concerns and made recommendations pertaining to indigenous peoples and forests.
The Forum has consistently recommended that the United Nations Forum on Forests
and forest-related United Nations bodies develop effective means to monitor and
verify the participation of indigenous peoples in forest policymaking and sustainable
forest management, and establish a mechanism, with the participation of indigenous
peoples, to assess the performance of governmental and intergovernmental
commitments and obligations to uphold and respect indigenous peoples’ rights (see
E/C.19/2004/23).

158. The Permanent Forum recommends that forests that have been taken by States
from indigenous peoples without their free, prior and informed consent in the name
of conservation policies be restored immediately.

159. The Permanent Forum welcomes the announcement during this session of the
Conservation Initiative on Human Rights by eight global conservation organizations —
the International Union for the Conservation of Nature and Natural Resources, the
World Wide Fund for Nature/World Wildlife Fund, Fauna and Flora International,
Wetlands International, BirdLife International, the Nature Conservancy, the Wildlife
Conservation Society and Conservation International — which aims to promote the
integration of human rights in conservation policy and practice, based on their
common interest in promoting positive links between conservation and rights of
people to secure their livelihoods, enjoy healthy and productive environments and
live with dignity. The Forum recommends that these conservation organizations
ensure the full participation of indigenous peoples in the implementation of the
Initiative. The Forum further recommends that conservation organizations that have
projects that have led to the eviction of indigenous peoples from their forests
provide redress and restitution to such victims.

160. The Permanent Forum welcomes the presence of the Minister of the
Environment and International Development of Norway and the side event
organized by the Government of Norway, at which the Minister held an interactive
dialogue with indigenous peoples and others on the Oslo-Paris Initiative on REDDplus.
The Forum recommends that the Initiative ensure the inclusion and the full and
effective participation of indigenous peoples and that it not remain as an initiative of
Governments only. The Forum further recommends that the Initiative ensure the
implementation of the safeguards contained in the report of the Ad Hoc Working
Group on long-term cooperative action under the United Nations Framework
Convention on Climate Change on its eighth session (FCCC/AWGLCA/2009/17)
which stresses the need to respect the knowledge and rights of indigenous peoples,
noting the adoption of the United Nations Declaration on the Rights of Indigenous
Peoples; the need for the full and effective participation of indigenous peoples, the
non-conversion of natural forests for other uses, and the conservation of biological
diversity; and the need to address the drivers of deforestation and land tenure issues.

161. The Permanent Forum recommends that Governments and States promote the
creation of conditions for indigenous peoples that will enable them to maintain the
forests in their traditional way and conserve their cultural identity, with priority
accorded to indigenous peoples in voluntary isolation, strengthening their capacities
and highlighting the value of ancestral knowledge related to native forests. The
Forum further recommends that the traditional knowledge and traditional forest
management practices and governance systems of indigenous peoples for the
protection and use of their forests be recognized in all forest policies and climaterelated
forest initiatives.

Indigenous women

162. The Permanent Forum notes that 2010 is the review year for the Beijing
Platform for Action and for the Millennium Development Goals. Fifteen years after
Beijing and 10 years after the Millennium Summit, the situations of poverty faced
by indigenous peoples, and their lack of access to basic services like health and
education, especially among women, remain pervasive. The Forum reiterates and
reaffirms the Beijing Declaration of Indigenous Women as a key tool for achieving
the Millennium Development Goals with respect to indigenous women and their
communities while advancing commitments to the United Nations Declaration on
the Rights of Indigenous Peoples. The Forum calls on Governments and United
Nations agencies to provide space for indigenous peoples, especially indigenous
women, in the different processes leading to the review of the Beijing Platform for
Action and the review of the Millennium Development Goals to be undertaken at
the High-level Plenary Meeting of the General Assembly in September 2010.

163. The Permanent Forum recommends that States, relevant United Nations
agencies and other intergovernmental organizations and bilateral donors support
strategies for intercultural prevention and eradication of violence against women
that are designed and driven by indigenous women’s organizations and that consider
indigenous approaches to address gender-based violence.

164. The Permanent Forum recommends that States, United Nations agencies and
other intergovernmental organizations and bilateral donors support the promotion
and full and effective participation of indigenous women in decision-making spheres
at all levels, including in administration and civil service, government action,
government bodies, political parties, the judiciary and trade unions and that
leadership and training processes be considered as pillars for such participation.

165. The Permanent Forum recommends that States: ensure that the collection of
statistical data be disaggregated by sex and ethnicity; discourage monitoring that is
focused only on national averages; ensure indigenous peoples’ and indigenous
women’s effective participation in all stages of the preparation, coordination and
implementation of data collection; develop a proper system of indicators in
partnership with indigenous peoples and women; and enable a measurement of
progress in the different areas.

166. The Permanent Forum recommends that States include ethnic identification in
vital statistics and health records, allocate more funding for intercultural services
that ensure indigenous women’s access to quality health care, including emergency
obstetric care, voluntary family planning and skilled attendants at delivery, and that
the role of traditional midwives be strengthened and extended.

Chapter II

Venue, dates and proceedings of the session

167. By its decision 2009/218, the Economic and Social Council decided that the
tenth session of the Permanent Forum would be held at United Nations Headquarters
from 16 to 27 May 2011.

168. At its 2nd to 4th meetings, on 19 and 20 April 2010, the Permanent Forum
considered, under agenda item 3, the special theme for the year, “Indigenous
peoples: development with culture and identity: articles 3 and 32 of the United
Nations Declaration on the Rights of Indigenous Peoples”. For its consideration of
the item, the Forum had before it the report of the Inter-Agency Support Group on
Indigenous Issues (E/C.19/2010/8). At its 16th and 17th meetings, on 30 April 2010,
the Forum considered and adopted its recommendations submitted under agenda
item 3 (see chap. I, sect. B).

169. At its 5th and 6th meetings, on 21 and 22 April, the Forum considered agenda
item 4, “Human rights: (a) Implementation of the United Nations Declaration on the
Rights of Indigenous Peoples; (b) Dialogue with the Special Rapporteur on the
situation of human rights and fundamental freedoms of indigenous people and other
special rapporteurs”.

170. At its 7th meeting, on 22 April, the Permanent Forum considered item 5,
“Half-day discussion on North America”. At its 16th and 17th meetings, on 30 April,
the Forum considered and adopted its recommendations submitted under agenda
item 5 (see chap. I, sect. B).

171. At its 8th meeting, on 23 April, the Forum held comprehensive dialogue with
one of the United Nations agencies and funds. In this regard, the Forum had before
it a report submitted by the secretariat of the Convention on Biological Diversity
(E/C.19/2010/3).

172. At its 9th and 14th meetings, on 26 and 29 April, the Forum considered agenda
item 7, “Future work of the Permanent Forum, including issues of the Economic and
Social Council and emerging issues”. At its 16th and 17th meetings, on 30 April, the
Forum considered and adopted its recommendations submitted under agenda item 7
(see chap. I, sect. B).

173. At its 15th meeting, on 29 April, the Forum considered agenda item 8, “Draft
agenda for the tenth session of the Permanent Forum”. At its 16th and 17th
meetings, on 30 April, the Forum considered and adopted a draft decision submitted
under agenda item 8 (see chap. I, sect. A).

Chapter III

Adoption of the report of the Permanent Forum on its ninth session

174. At its 16th and 17th meetings, on 30 April, the Rapporteur introduced the draft
decisions and recommendations and the draft report of the Permanent Forum on its
ninth session.

175. At the 17th meeting, on 30 April, the Permanent Forum adopted its draft
report.

Chapter IV
Organization of the session

A. Opening and duration of the session

176. The Permanent Forum held its ninth session at United Nations Headquarters
from 19 to 30 April 2010. It held 17 formal meetings and 3 closed meetings to
consider the items on the agenda.

177. At its 1st meeting, on 19 April, the ninth session was opened by the Under-
Secretary-General for Economic and Social Affairs. At the opening ceremony,
Tadodaho Sid Hill, of the Onondaga Nation, delivered a welcoming address. The
Secretary-General and the President of the General Assembly made statements.

178. At the same meeting, statements were made by the President of the Economic
and Social Council, the Chair of the Permanent Forum, the Under-Secretary-General
for Economic and Social Affairs, the Executive Secretary of the secretariat of the
Convention on Biological Diversity and the Minister of Māori Affairs of New
Zealand.

B. Attendance

179. Members of the Forum and representatives of Governments, United Nations
entities, intergovernmental organizations and bodies and non-governmental and
indigenous organizations attended the session. The list of participants is contained
in document E/C.19/2010/INF/1.

C. Election of officers

180. At its 1st meeting, on 19 April, the Forum elected the following members of
the Bureau by acclamation:
Chair:
Carlos Mamani Condori
Vice-Chairs:
Hassan Id Balkassm
Michael Dodson
Tonya Gonnella Frichner
Bartolomé Clavero Salvador
Rapporteur:
Paimaneh Hasteh

D. Agenda

181. At its 1st meeting, on 19 April, the Forum adopted the provisional agenda as
contained in document E/C.19/2010/1.

E. Documentation

182. At its eighth session, the Permanent Forum held comprehensive dialogues with
six United Nations agencies, funds and programmes. The results of these dialogues,
including the recommendations of the Forum to the six agencies, is contained in the
annex to the present report.

183. A list of the documents before the Forum at its ninth session is contained in
document E/C.19/2010/INF/2.

Annex
Comprehensive dialogue with six United Nations system entities
I. Office of the United Nations High Commissioner for Human Rights

1. The Permanent Forum on Indigenous Issues held an in-depth dialogue with the
Office of the United Nations High Commissioner for Human Rights (OHCHR) on
22 May 2009 as part of its new working methods during the eighth session. The
Permanent Forum welcomed the participation of OHCHR and expressed its
appreciation for the detailed and informative report presented by the Office on its
activities in support of indigenous peoples (E/C.19/2009/3/Add.2).a

2. The Permanent Forum posed questions to OHCHR addressing a number of
issues, including the following:
(a) The roles of OHCHR and the Permanent Forum in the light of the United
Nations Declaration on the Rights of Indigenous Peoples;
(b) How to improve coordination between OHCHR and the secretariat of the
Permanent Forum and ensure that work related to the three United Nations mandates
devoted to indigenous peoples (the Special Rapporteur on the situation of human
rights and fundamental freedoms of indigenous people, the Permanent Forum on
Indigenous Issues and the Expert Mechanism on the Rights of Indigenous Peoples)
is pursued in a complementary fashion;
(c) The inclusion of indigenous peoples’ concerns in the universal periodic
review process and the policy frameworks of United Nations treaty monitoring bodies;
(d) The capacity-training initiatives of OHCHR, as well as thematic research
and reports;
(e) OHCHR contributions to inter-agency efforts to promote the rights of
indigenous peoples and mainstream their issues within the United Nations system;
(f) Communication between OHCHR and indigenous representatives at
headquarters and in the field;
(g) The prioritization of indigenous peoples within the total work
programme of OHCHR;
(h) An assessment of the impact of Permanent Forum recommendations on
OHCHR activities, as well as the effectiveness of such recommendations;
(i) OHCHR engagement with national human rights institutions.

Observations on the dialogue

3. The Permanent Forum commends the Office of the United Nations High
Commissioner for Human Rights for the fruitful in-depth dialogue concerning the
present work of OHCHR in the field of indigenous peoples’ issues as well as the
assistance the Office could provide for the activities of the Forum in future.
__________________
a For an extensive summary of the in-depth dialogue between the Permanent Forum and the Office
of the United Nations High Commissioner for Human Rights, see http://www.un.org/News/Press/
docs/2009/hr4987.doc.htm.

4. The Permanent Forum commends OHCHR for its commitment to advancing
the human rights of indigenous peoples through its promotion of the United Nations
Declaration on the Rights of Indigenous Peoples, its regional and country presence,
the hands-on training that it provides to United Nations staff and its Indigenous
Fellowship Programme. Furthermore, OHCHR provides support in the area of
indigenous peoples’ issues through the servicing of human rights treaty bodies,
including the Committee on the Elimination of Racial Discrimination, which has
paid close attention to indigenous peoples, and the Committee on the Rights of the
Child, which recently addressed the situation of indigenous children in one of its
general comments.

5. The Permanent Forum notes with appreciation the fact that, during 2009,
OHCHR increased the allocation of its resources devoted to the protection of
indigenous peoples, and urges further increases in the future.

6. The Permanent Forum notes that numerous indigenous organizations attend the
annual sessions of the Permanent Forum and the Expert Mechanism, at which
specific allegations of human rights violations are often made. The Permanent
Forum, the Expert Mechanism and the Special Rapporteur could benefit from
working together to develop measures to channel such allegations to the appropriate
human rights mechanisms, including by supporting training by OHCHR on the use
of such mechanisms.

7. The Permanent Forum and OHCHR have the same duty to promote respect for
the full application of the provisions of the United Nations Declaration on the
Rights of Indigenous Peoples and follow up on the effectiveness of the Declaration
in accordance with article 42 of the Declaration. The Permanent Forum and OHCHR
should, within their capacities, work towards transforming the Declaration in its
entirety into living law.

Concluding recommendations

8. The Permanent Forum recommends that OHCHR aspire to adapt its
organizational structures to the post-Declaration era by strengthening secretariat
structures devoted to indigenous peoples’ issues.

9. 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.

10. The Permanent Forum recommends that the annual report of OHCHR to the
Permanent Forum provide a summary of relevant reports, decisions and
recommendations of the Human Rights Council, its subsidiary bodies and special
procedures, as well as the universal periodic review working group, United Nations
treaty bodies and other relevant United Nations reports and conferences.

11. The Permanent Forum commends OHCHR for conducting training sessions on
the rights of indigenous peoples for its staff in a number of Asian and African
countries. The Permanent Forum recommends that OHCHR continue to expand such
training and capacity-building efforts for its staff, both at headquarters and in
country teams in all regions.

12. The Permanent Forum recommends that OHCHR produce a periodic electronic
bulletin on relevant activities regarding the rights of indigenous peoples, including
decisions and observations by United Nations human rights mechanisms regarding
States under review, and its activities at the regional or local levels and other events.

13. The Permanent Forum recommends that OHCHR take a leading role in
ensuring that United Nations country teams undertake their policies or programmes
affecting indigenous peoples in cooperation with indigenous peoples’
representatives and organizations.

II. International Fund for Agricultural Development

14. The Permanent Forum on Indigenous Issues expresses its appreciation to and
congratulates the International Fund for Agricultural Development (IFAD) for the
constructive dialogue between the delegation of IFAD and the Permanent Forum
held on 26 May 2009. The Permanent Forum also expresses its appreciation for the
detailed and informative report presented by IFAD on its activities specifically
related to indigenous issues (E/C.10/2009/3/Add.6).b

15. Since the establishment of the Permanent Forum on Indigenous Issues, IFAD
has been a valuable partner within the framework of the Inter-Agency Support
Group on Indigenous Issues and has supported the work of the Forum, including its
efforts towards the establishment of indicators relevant to indigenous peoples.
Focusing on agriculture and rural development, IFAD has provided a significant
contribution to the reduction of poverty among rural indigenous peoples, for whom
the issue of land rights, territory and agricultural production is of vital interest.

Observations on the dialogue

16. The Permanent Forum congratulates IFAD for its ongoing initiative to develop
an institutional policy on engaging with indigenous peoples and supports the
approval of the policy by the Executive Board of IFAD. That initiative is a positive
example to be followed by United Nations agencies and other intergovernmental
organizations, and conforms with the repeated call of the Permanent Forum to
agencies to adopt policies on indigenous peoples’ issues.

17. The Permanent Forum takes note with appreciation of the Fund’s approach
with regard to incorporating the United Nations Declaration of the Rights of
Indigenous Peoples in its programmes and projects at both the institutional-policy
and operational levels through its country-level operative planning tools. The
Permanent Forum acknowledges and appreciates the participatory and consultative
approach taken in the development of the policy. The Permanent Forum is
concerned, however, about the lack of mechanisms for addressing problems relating
to the application of the policy in future.
__________________
b For an extensive summary of the in-depth dialogue between the Permanent Forum and the
International Fund for Agricultural Development, see http://www.un.org/News/Press/docs/
2009/hr4987.doc.htm.

18. The Permanent Forum recognizes the various existing situations regarding the
issue of the self-recognition of African indigenous peoples. During the in-depth
dialogue, Member States and the Permanent Forum recognized the important work
of IFAD in the region and urged it to strengthen its focus on indigenous issues in
Africa as it has done in other regions by applying a pragmatic approach.

Concluding recommendations

19. The Permanent Forum takes note of the determination of IFAD — for which it
congratulates the Fund — to identify indigenous peoples as a specific target group
within the agency’s strategic framework, which, in a significant way, has consolidated
and legitimized indigenous peoples’ issues in its work with its partners, other
organizations and States. The Permanent Forum finds that identifying indigenous
peoples as a specific target group is a standard-setting approach, to be duplicated by
the United Nations and other international agencies. It is recommended that IFAD
maintain its strong focus on indigenous peoples’ issues in the formulation of the
new institutional strategic framework, which is due to commence soon.

20. The gaps and challenges facing IFAD in terms of its commitment to
indigenous peoples’ issues include the mainstreaming of the new institutional policy
on engaging with indigenous peoples at all levels of the organization globally,
regionally and nationally. The Permanent Forum recommends that institutional
mechanisms be established so as to secure the process of mainstreaming within the
agency.

21. The Permanent Forum takes note of the difficulties mentioned in the IFAD
report and during the in-depth dialogue regarding engagement with partners whose
approach may not be favourable to indigenous issues. The United Nations
Declaration on the Rights of Indigenous Peoples has been acknowledged by IFAD as
an important instrument to promote a strong focus on indigenous peoples with its
partners. The Permanent Forum recommends that IFAD use the Declaration actively
and engage in a constructive dialogue regarding indigenous peoples’ issues, even if
its partners demonstrate a lack of interest or a less-than-positive attitude.

22. The Permanent Forum acknowledges the Fund’s country strategic opportunities
programmes as an important instrument for actively focusing on indigenous issues
at the national level. The Permanent Forum recommends that IFAD construct
mechanisms to secure the complementary use of the national operative planning
instruments and the new institutional policy on engaging with indigenous peoples.
The alignment of those instruments with the future institutional policy on
indigenous issues is important for the mainstreaming of indigenous peoples’ issues
within IFAD.

23. The Permanent Forum recommends that IFAD develop a stronger focus on
issues relating to land and territory and actively promote indigenous peoples’ rights
to land.

24. As part of the active engagement of IFAD with indigenous peoples’ issues, the
Permanent Forum recommends that the Indigenous Peoples Assistance Facility be
incorporated into the organization’s general budget so as to guarantee sustainability
and the transfer of good practices and lessons learned within IFAD programmes and
projects. The Permanent Forum also recommends that the facility extend its funding
directly to indigenous peoples’ organizations. Support for indigenous peoples’
organizations should have as its point of departure the co-administration and
co-implementation of the projects.

25. The Permanent Forum recommends that when planning, preparing and
implementing its programmes and projects, IFAD conduct the necessary
investigations so as to ensure that the particularities and cultural sensitivities of
indigenous peoples involved in and affected by the programmes and projects are
taken into account. The Permanent Forum underlines the fact that indigenous
peoples are to be engaged as an active and equal partner in all processes and phases
of programmes and projects.

III. Food and Agriculture Organization of the United Nations

26. The Permanent Forum on Indigenous Issues held its in-depth dialogue with the
Food and Agriculture Organization of the United Nations (FAO) on 22 May 2009.
The in-depth dialogue was the first of its kind, and the Permanent Forum welcomes
the participation of FAO and expresses its appreciation for the detailed report
submitted by the organization (E/C.19/2009/3/Add.3).c

27. FAO is a valuable partner of the Permanent Forum and an active participant in
the Inter-Agency Support Group on Indigenous Issues. FAO has been a leading
proponent of supporting indigenous peoples in the field of communication for
development.

Observations on the dialogue

28. The Permanent Forum welcomes the continued work of FAO on issues related
to food security and nutrition. FAO efforts in the area of biodiversity conservation
and sustainable natural resources management are also a valuable contribution,
since the survival strategies and food security of many indigenous peoples are
contingent upon the availability of and access to a healthy environment. Such
initiatives demonstrate the organization’s increasing commitment to and willingness
to working with indigenous peoples as partners or as active agents in change.

29. The Permanent Forum takes note of the information contained in the FAO
report to the Forum and provided during the comprehensive dialogue, and
appreciates FAO fieldwork, research and policy initiatives regarding indigenous
peoples’ issues. The Permanent Forum notes in particular the commitment of a
considerable number of FAO staff to indigenous issues, both in the field and at
headquarters.

30. At the same time, the Permanent Forum takes note of the fact that FAO does
not have a specific mandate to work on indigenous peoples’ issues or a specific unit
responsible for dealing specifically with such issues. To date, issues relating to
indigenous peoples have not been dealt with on a systematic basis at FAO, and
related projects are frequently dependent on the goodwill and determination of
individual staff members of the organization. FAO is not specifically mandated to
work with indigenous peoples; its primary mandate is to work with the rural poor.
__________________
c For a detailed narrative of the in-depth dialogue, see the summary prepared by the Department
of Public Information (HR/4986), available at http://www.un.org/News/Press/docs/2009/
hr4986.doc.htm.

However, indigenous peoples constitute a disproportionately high number of the
world’s rural poor. Furthermore, the United Nations Declaration on the Rights of
Indigenous Peoples clearly provides a mandate to all United Nations agencies to
work specifically on indigenous peoples’ issues.

31. In this respect, the Permanent Forum encourages countries members of FAO to
push for more concerted action on this front. The absence of a specific mandate
evidently causes some resistance within FAO itself — a resistance which impedes
an area of work to which FAO could bring great benefits.

32. The approval of an FAO policy on indigenous peoples’ issues would allow the
organization to address indigenous issues in a more consistent and committed way.
Although the process of developing such a policy began some time ago, the United
Nations Declaration on the Rights of Indigenous Peoples has given a push to current
efforts to complete that endeavour. Articles 41 and 42 of the Declaration clearly
provide a mandate to all United Nations agencies to work specifically on indigenous
peoples’ issues, and the Forum is pleased to hear that these will be taken seriously
at FAO.

33. Mainstreaming indigenous issues in the work of FAO will undoubtedly take
time. It is an effort that needs to be introduced gradually and that will have to
proceed step by step. The Permanent Forum welcomes the FAO proposal that the
adoption of the policy be followed by the development of an operational strategy
and training programme to integrate greater awareness of indigenous issues into the
organization overall and construct a feasible way forward.

34. The Permanent Forum supports the request of indigenous peoples to be more
involved in FAO work. Although the primary recipients of FAO assistance are
Governments, the suggestion that indigenous representatives be called upon to
provide special advice and guidance is a welcome one which could set an important
example. The World Summit on Food Security, which will take place at FAO later
this year, will offer a good opportunity to begin greater collaborations of that kind.
FAO has confirmed that an indigenous peoples’ forum will be held as part of the
Summit; that event will allow indigenous voices to be heard and will serve to
strengthen the momentum to ensure the more systematic consideration of indigenous
issues within FAO.

Concluding recommendations

35. The Permanent Forum thus welcomes FAO efforts to develop a policy on
indigenous peoples’ issues which will help organization staff to work with
indigenous peoples in a more systematic way. With a view to strengthening FAO
work with indigenous peoples, the Permanent Forum encourages the organization to
finalize the draft policy as soon as possible and to submit it to senior management
for approval.

36. The Permanent Forum recognizes the initial efforts made by FAO towards the
elaboration of a methodological discussion platform to address indigenous peoples’
territorial rights. The Permanent Forum recommends that FAO and other interested
or partner agencies continue the joint elaboration of the participatory methodology
and start using it in the field in order to strengthen the delimitation, titling and
negotiated development processes specifically targeting indigenous peoples’ needs.

37. The Permanent Forum encourages FAO to continue supporting indigenous
peoples’ organizations in the field of communication for development. In particular,
the Permanent Forum recommends that FAO continue to provide support for
indigenous peoples’ communication platforms and their activities in the field of
participatory territorial development and community-based adaptation to climate
change. The Permanent Forum recommends that other United Nations agencies and
donors join FAO in that important task and strengthen the reporting and monitoring
mechanisms about indigenous peoples’ right to communication as a condition
towards free and informed prior consent and self-determined development.

IV. United Nations Development Programme

38. The Permanent Forum on Indigenous Issues held its first in-depth dialogue
with the United Nations Development Programme (UNDP) on 22 May 2009. The
in-depth dialogue was the first of its kind, and the Permanent Forum welcomes the
UNDP participation and expresses its appreciation for the detailed report submitted
by the Programme (E/C.19/2009/3/Add.5).d

39. The Permanent Forum posed a broad range of questions to UNDP related to
the following issues:
(a) The role of UNDP in the light of the United Nations Declaration on the
Rights of Indigenous Peoples;
(b) UNDP policies and procedures and their impact on programming with,
and for, indigenous peoples;
(c) UNDP region/country-specific initiatives on indigenous peoples’ issues,
including the Regional Indigenous Peoples’ Programme in Asia;
(d) The internal capacity of UNDP to effectively address indigenous peoples’
issues;
(e) The inclusion of indigenous peoples’ issues in human development
reports and national Millennium Development Goals reports;
(f) The role of UNDP in reducing emissions from deforestation and forest
degradation in developing countries and its potential impact on indigenous peoples;
(g) The Global Environmental Facility of UNDP, in particular the Small
Grants Programme and community-based adaptation initiatives under the facility;
(h) The role of UNDP in inter-agency cooperation on indigenous peoples’
issues.

Observations on the dialogue

40. The Permanent Forum has enjoyed a fruitful partnership with UNDP. As new
challenges emerge, the partnership between United Nations agencies and indigenous
peoples needs to be further strengthened.
__________________
d For a detailed narrative of the in-depth dialogue, see the summary prepared by the Department
of Public Information (HR/4986), available at http://www.un.org/News/Press/docs/2009/
hr4986.doc.htm.

41. The Permanent Forum commends the UNDP Regional Indigenous Peoples’
Programme in Asia for its sustained contribution to the implementation of
indigenous peoples’ rights in that region.

42. The Permanent Forum commends the UNDP Regional Bureau for Latin
America and the Caribbean for actively engaging with indigenous peoples
throughout the region.

43. The Permanent Forum commends the Global Environmental Facility Small
Grants Programme for its ongoing support for indigenous peoples’ organizations.

Concluding recommendations

44. The Permanent Forum makes the following recommendations to UNDP with a
view to strengthening its work on indigenous peoples’ issues in the years to come
and ensuring that it remains faithful to its mandate on human development.

45. The Permanent Forum greatly welcomes the new global indigenous peoples’
partnership initiative that UNDP is developing with the International Labour
Organization (ILO) and OHCHR to promote the United Nations Declaration on the
Rights of Indigenous Peoples and ILO Convention No. 169. The Permanent Forum
hopes to support that initiative, working in cooperation with other actors, by
providing advice during the initial phase as well as throughout the process.

46. In order to fully address the fact that indigenous peoples lag behind in terms of
the attainment of the Millennium Development Goals, it will be necessary for
UNDP to strengthen its policies to integrate human rights and indigenous peoples’
issues into all projects that affect indigenous peoples, in particular with regard to
strategies and tools aimed at achieving the Millennium Development Goals.

47. The Permanent Forum is very concerned that indigenous peoples continue to
report difficulties in participating in UNDP projects and engaging with UNDP
offices. The Forum recommends that UNDP improve access to information on the
Programme for indigenous peoples and ensure easier access to its staff members in
country offices. UNDP should promote mechanisms that ensure a constructive and
institutionalized dialogue between indigenous peoples and United Nations country
teams at the country level, for example, by establishing advisory boards composed
of indigenous representatives who can bring their perspectives to United Nations
programming processes and policies.

48. The Permanent Forum recommends that UNDP utilize the expertise of
Permanent Forum members by keeping them informed of programmes and projects
involving indigenous peoples within their areas of responsibility and obtaining their
input and involvement on proposed projects and subsequent implementation.

49. The Permanent Forum observes that UNDP projects focused on indigenous
peoples’ issues are few in number and dispersed, and constitute a very small fraction
in the overall UNDP portfolio. This is a serious concern, as indigenous peoples are
lagging behind in the achievement of the Millennium Development Goals and
continue to face marginalization and exclusion. The Permanent Forum therefore
recommends that UNDP allocate additional resources for projects that are focused
on indigenous peoples’ issues and rights, including strengthening the regional
programme in Asia and establishing new regional programmes in Latin America and
Africa.

50. The Permanent Forum urges UNDP to enhance its own capacity in the area of
indigenous peoples’ issues by ensuring sufficient expertise and human resources, in
particular at the headquarters level, but also in its regional centres, including
regional policy advisers on indigenous peoples’ issues who are able to provide
adequate support to country offices.

51. In order to enhance its capacity, first-hand understanding and leadership in the
area of indigenous peoples’ issues, the Permanent Forum strongly recommends that
UNDP establish training programmes similar to the Leadership Development
Programme and junior professional programmes focused on attracting indigenous
professionals or incorporate an indigenous component in existing programmes.

52. The Permanent Forum commends the UNDP Regional Bureau for Latin America
and the Caribbean for starting a regional initiative building on the Programme’s
experience in Asia. The Forum recommends that that initiative be consolidated and
that the Regional Bureau implement a regional programme to ensure crossfertilization
of good practices among countries and coherent policy approaches. The
Forum encourages the Regional Bureau to strengthen its capacity and, together with
the Inter-Agency Support Group, looks forward to supporting those efforts through
specialized training workshops for United Nations country teams.

53. The Permanent Forum recommends that a capacity-development component be
included in UNDP projects that affect indigenous peoples. The Forum also
recommends that the experience and knowledge of the Small Grants Programme of
the Global Environmental Facility be utilized by other small-grant schemes and that
a stronger link be developed between efforts to enhance the capacity of indigenous
peoples’ organizations and UNDP efforts to enhance the participation of indigenous
peoples in national policy processes.

54. The Permanent Forum urges UNDP to further strengthen the right to selfdetermination
of indigenous peoples by choosing indigenous peoples’ organizations
as their implementing partners and responsible parties in their projects involving
indigenous peoples, especially those with established track records in project
implementation. As a corollary to the foregoing, government agencies created to
promote and protect the rights and interests of indigenous peoples should be
preferred as implementing partners in UNDP programming on indigenous peoples’
issues so that they can effectively perform their mandate.

V. United Nations Population Fund

55. The Permanent Forum on Indigenous Issues held an in-depth dialogue with the
United Nations Population Fund (UNFPA) on 26 May 2009 as part of its new
working methods during the eighth session. The Permanent Forum welcomes the
participation of UNFPA and expresses its appreciation for the detailed and
informative report submitted by the Fund on its activities in support of indigenous
peoples’ issues in recent years, in particular its work in addressing indigenous
women’s rights and reproductive rights (E/C.19/2009/3).e
__________________
e For a detailed narrative of the in-depth dialogue, see the summary prepared by the Department
of Public Information (HR/4986), available at http://www.un.org/News/Press/docs/2009/
hr4986.doc.htm.

56. The Permanent Forum posed a broad range of questions to UNFPA, addressing
the following key issues:
(a) The impact of the United Nations Declaration on the Rights of
Indigenous Peoples on the work of UNFPA;
(b) The impact of political conditions on the Fund’s opportunities to advance
indigenous women’s rights;
(c) The integration of traditional knowledge and culturally sensitive
approaches to health services in the countries in which UNFPA is active;
(d) The Fund’s role in the empowerment of indigenous women’s
organizations and networks;
(e) UNFPA contributions to data collection, dissemination and use of such
data;
(f) The Fund’s role in HIV/AIDS prevention among indigenous peoples, in
particular young people;
(g) UNFPA integration of indigenous peoples into its poverty-reduction
efforts.

Observations on the dialogue

57. The Permanent Forum recognizes that UNFPA has been an important partner
for it, as well as an active participant in the Inter-Agency Support Group on
Indigenous Issues. The Permanent Forum congratulates UNFPA for its important
role in advancing indigenous women’s human rights and reproductive health,
including its efforts to reduce maternal mortality and to empower indigenous
women to advocate for their own reproductive rights.

58. The Permanent Forum commends UNFPA for its intensified efforts to promote
and mainstream a culturally sensitive approach into its programmes at the global,
regional and national levels, in line with the recommendations of the Permanent
Forum. The Permanent Forum notes with appreciation the Fund’s promotion of
intercultural health models. UNFPA intercultural approaches in Viet Nam,
Bangladesh, Panama, Mexico, Peru, the Plurinational State of Bolivia and Ecuador,
stressing the leadership role of indigenous women at the national and regional
levels, were highlighted during the in-depth dialogue at the eighth session of the
Forum.

59. The Permanent Forum commends UNFPA for its emphasis on the participation
of indigenous women in its programmes. The Fund’s approach in this regard during
the dialogue was summed up by the phrase “Nothing about you without you”. The
Permanent Forum also notes with appreciation UNFPA efforts to strengthen
indigenous women’s networks in South America.

60. The Permanent Forum commends UNFPA for its efforts at the regional and
country levels to collect disaggregated data and develop and disseminate
quantitative and qualitative studies on the situation of indigenous peoples, focusing
particularly on the rights of indigenous women and girls and its efforts in several
countries to ensure that indigenous issues are adequately reflected in national
censuses. The Permanent Forum also welcomes the Fund’s promotion of the
collection and use of disaggregated data to support Governments in designing and
implementing policies and programmes that tackle inequities and benefit vulnerable
populations. The Permanent Forum shares the concern of UNFPA that gaps in
information collected in demographic surveys can mask discrepancies in progress
among indigenous peoples (for example, while poverty rates may decline within a
particular country, they may remain higher among indigenous peoples in comparison
with the general population).

Concluding recommendations

61. The Permanent Forum notes with appreciation the active engagement of
UNFPA with indigenous peoples in the regions of Latin America and Asia, as well
as its detailed reporting on its work in these areas. The Permanent Forum invites
UNFPA to continue reporting on its work and recommends that future reports deal
with agency activities in all sociocultural regions or, if no relevant activities are
under way in a particular region, the challenges to addressing indigenous issues in
such regions.

62. The Permanent Forum commends UNFPA for its financial and technical
support for strengthening national capacity for censuses, surveys and needs
assessments, and for its focus on the 2010 round of censuses, the results of which
will be critical for assessing progress towards the Millennium Development Goals.
The Permanent Forum recommends that UNFPA vigorously promote the inclusion
of indigenous peoples in the 2010 round of censuses, particularly in cases where
Governments may seek to avoid questions pertaining to indigenous peoples.

63. The Permanent Forum commends UNFPA for its efforts to build staff capacity
on indigenous peoples’ issues and recommends that such efforts continue, together
with efforts to recruit indigenous peoples where possible.

64. The Permanent Forum recommends that UNFPA continue its work in support
of the participation of indigenous women in regional and national consultations,
including training and other capacity-building programmes.

VI. Department of Economic and Social Affairs

65. The Permanent Forum on Indigenous Issues held an in-depth dialogue with the
following six divisions of the Department of Economic and Social Affairs of the
Secretariat: the Division for Sustainable Development; the secretariat of the United
Nations Forum on Forests; the Division for Public Administration and Development
Management; the Statistics Division; the Division for the Advancement of Women;
and the Division for Social Policy and Development, which hosts the secretariat of
the Permanent Forum on Indigenous Issues.

66. The in-depth dialogue was held on 22 May 2009 as part of the new working
methods of the Permanent Forum during its eighth session. The Permanent Forum
welcomes the participation of the six divisions, and expresses its appreciation for
the detailed and informative report submitted by the Department of Economic and
Social Affairs on its activities in support of indigenous peoples (E/C.19/2009/3/
Add.4).

67. The Permanent Forum posed questions to the six divisions addressing a
number of issues, including the following:

(a) The impact of the United Nations Declaration on the Rights of
Indigenous Peoples on the divisions’ activities and overall direction, including
technical cooperation;
(b) The divisions’ contribution towards the empowerment of indigenous
peoples’ organizations and networks, including indigenous women’s organizations
and networks;
(c) The contributions of major groups to discussions and decision-making on
issues related to forest policy and sustainable forest management;
(d) Improving and increasing major group and stakeholder participation,
including of indigenous peoples, during the future work of the divisions;
(e) Measures adopted to improve the identification of indigenous peoples in
the upcoming 2010 round of censuses, including the full participation of indigenous
peoples in that process;
(f) The mainstreaming of statistical issues pertaining to indigenous peoples
when developing handbooks and guidelines;
(g) Assessing the impact of indigenous women as the target group in
technical cooperation projects;
(h) Incorporating the perspectives of indigenous young people.
Observations on the dialogue

68. The Permanent Forum notes that the divisions of the Department of Economic
and Social Affairs facilitate participation of indigenous peoples in multi-stakeholder
dialogues held in the context of intergovernmental processes. In particular, the
Division for Sustainable Development and the secretariat of the United Nations
Forum on Forests work closely with indigenous peoples’ organizations to facilitate
their active participation in the multi-stakeholder dialogues convened at each
session of the Commission on Sustainable Development and the Forum on Forests.
The Permanent Forum also notes that the multi-year work programme of the Forum
on Forests includes activities relating to indigenous peoples in 2011. The Division
for the Advancement of Women facilitates the participation of indigenous women in
high-level round tables and expert panels of the Commission on the Status of
Women, which continues to address the situation of indigenous women in relation to
the themes and issues considered at its sessions.

69. The Permanent Forum notes that the divisions strive to include indigenous
peoples in policy development and decision-making. During the 10-year review of
the Beijing Platform for Action, the Commission on the Status of Women,
responding to the calls of indigenous peoples, adopted a resolution calling for
measures to address the concerns of indigenous women throughout the
implementation and monitoring of the Beijing Platform and for the full participation
of indigenous women in all aspects of society. The secretariat of the Permanent
Forum on Indigenous Issues, which is hosted by the Division for Social Policy and
Development, is a vehicle by means of which indigenous peoples are able to
participate in policy development. Furthermore, the World Public Sector Report
2008, produced by the Division for Public Administration and Development
Management, highlighted innovative local government practices, featuring the
experience of two cities in Ecuador which are managed by indigenous mayors on
the basis of a cross-cultural participatory approach.

70. The Permanent Forum commends the efforts made to include indigenous
peoples in statistics and disaggregated data. As the Permanent Forum has pointed
out, data collection and disaggregation concerning indigenous peoples poses unique
challenges. The latest version of the United Nations Principles and
Recommendations for Population and Housing Censuses, produced by the
Department of Economic and Social Affairs, elaborates the need to disaggregate
statistics on the basis of ethnocultural characteristics, especially with respect to
indigenous populations. The Statistics Division, as part of its series of special
topics, collected, processed and disseminated data on ethnocultural characteristics as
available in the 2000 census round, complementing it with the set of questions used
in national censuses to capture the data in the various categories.

71. In this regard, the Permanent Forum notes with appreciation the
recommendation of the United Nations Statistics Commission that all countries
undertake at least one national census on population and housing during the period
2005-2014 and that field work be conducted on existing social structures, including
indigenous peoples’ communities. In addition, the Commission’s guidelines clearly
state that all questionnaires must be translated into all languages, including all
indigenous peoples’ languages, that indigenous peoples be recruited to conduct
questionnaires in order to ensure that responses in national censuses are of a high
quality and that technical support staff work with indigenous elders to ensure that
indigenous peoples understand the census process and that their issues are
addressed.

72. With regard to other issues affecting indigenous peoples, the Permanent Forum
commends the Division for the Advancement of Women for including indigenous
women in its database on violence against women, which was launched in March
2009, as well as highlighting the needs of indigenous girls in education programmes
aimed at eliminating all forms of discrimination and violence against the girl child,
and for focusing on rural indigenous women in its 2007 report and in discussions on
climate change addressing indigenous women’s vulnerability.

73. The Permanent Forum commends the Division for Sustainable Development
for its initiative to select indigenous peoples’ organizations to conduct fieldwork and
data compilation for the Division and for the fact that national data indicators on
indigenous peoples are available in the Division’s national recording mechanisms
and country profiles. The Permanent Forum also takes note of fact that the Division
for Sustainable Development has hosted side events that inform indigenous peoples
about how they can be involved in the Division’s work and that a special study on
indigenous peoples in Africa has been conducted.

74. The Permanent Forum notes that the Division for Public Administration and
Development Management conducted work on indigenous peoples’ civic participation
and offered online training for Governments on the rights of indigenous peoples,
commencing with the development of various governance indicators, as they
pertained to indigenous people. Furthermore, as indigenous women constitute a
special group within indigenous societies and are thus especially disadvantaged, it is
important that they be a target group.

75. The Permanent Forum notes that the mainstreaming of indigenous peoples’
issues within the Division for Social Policy and Development followed the
Permanent Forum’s policy messages that focused attention on indigenous women on
various fronts, such as awareness-raising, an issue with regard to which the
secretariat of the Permanent Forum has worked with women’s organizations,
including in 2004 at a high-level panel of the Commission on the Status of Women
on women’s role in conflict resolution. In the area of operational activities, the
Division for Social Policy and Development, in conjunction with other United
Nations bodies, established a working group which focused on indigenous women’s
issues within the United Nations system.

76. The Permanent Forum commends its secretariat for being part of the
committee that prepared the United Nations Development Group Guidelines on
Indigenous Peoples’ Issues, which incorporates tenets of the United Nations
Declaration on the Rights of Indigenous Peoples and has been disseminated to all
United Nations country teams.

77. The Permanent Forum notes that in supporting indigenous youth, the
Indigenous Youth Caucus has been a consistent voice at the sessions of the
Permanent Forum, while the United Nations Programme on Youth has dedicated a
chapter of its 2009 report to the theme “Indigenous youth and climate change”.

Concluding recommendations

78. The Permanent Forum recommends that each of the six divisions of the
Department of Economic and Social Affairs (the Division for Sustainable
Development; the secretariat of the United Nations Forum on Forests; the Division
for Public Administration and Development Management; the Statistics Division;
the Division for the Advancement of Women; and the Division for Social Policy and
Development, which hosts the secretariat of the Permanent Forum on Indigenous
Issues) be mindful of the fact that indigenous peoples’ issues need greater attention,
that indigenous peoples’ rights as set out in the United Nations Declaration on the
Rights of Indigenous Peoples should be implemented, that indigenous peoples be
given a decisive voice in formulating policies affecting their communities, lands and
resources and that there be facilitation of indigenous peoples’ participation in multistakeholder
dialogues within the intergovernmental processes and in technical
cooperation programmes supported by the divisions of the Department of Economic
and Social Affairs.
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