Tlahtokan Aztlan: Comunique to UN Special Rapporteur Amor

TLAHTOKAN AZTLAN

C/O TONATIERRA

P.O. Box 24009 Phoenix AZ 85074

February 2, 1998

UN Special Rapporteur on Religious Intolerance

Mr. Abdelfattah Amor

c/o Center for Human Rights

Indigenous Peoples Section

1200 Geneva

Switzerland

Dear Special Rapporteur Amor,

TLAHTOKAN AZTLAN is a traditional council of autonomous Indigenous Pueblos from Aztlan, a voice of the families and communities whose roots and destiny lie in the heart and spirit of the lands of the Greater Southwest, a term which for us includes what is now the northern reaches of the territory of the Republic of Mexico.  Known to anthropologists also as LA GRAN CHICHIMECA, the region is the sacred cradle of civilization for the surviving indigenous cultures of the UTO-AZTECAN language families on both sides of the US-Mexico border.

 

It was an honor to receive your delegation at our humble embassy, the NAHUACALLI (House of the Four Directions) and we reiterate in this communication our willingness to work together for the benefit of all humanity under the guiding principles upon which our tradition stands.  Our TLAHTOKAN is bound by the archives of honor that were set among stars when the first representatives of the European governments arrived on our shores.  They too were received with the smoke of copal, (as you were at NAHUACALLI), with the understanding that the relationship thus initiated between our peoples, cultures, and governments was to be based on mutual respect and reciprocity in recognition of our common humanity. 

As Special Rapporteur on Religious Intolerance, during the course of your investigative tour within the US, you have heard and will continue to collect testimony and documentation regarding the institutionalized pattern of practices and policies which perpetuate the destruction of indigenous culture and civilization.  Integral to the entire process is an assault upon the land itself, a rape of the MotherEarth which defiles the special and sacred sites of the indigenous traditional peoples who are their caretakers.  While the world community quickly is moved to consensus regarding the devastating effects upon humanity of "weapons of mass destruction", the institutionalized intolerance of the US government and society as a whole towards indigenous peoples religious principles and practices is rarely even questioned.

Legal challenges to the destruction of sacred sites and in defense of indigenous ceremonial practices are limited to the parameters of jurisprudence of the US courts, which are alien to the authority of justice of the land, and can only provide a restricted and controlled temporary protection for Indigenous Rights which are inherent and eternal. 


As a weapon of destruction, the official and unofficial policy of intolerance towards indigenous religious practice is insidious for the cumulative mass effect over generations which is perpetrated upon indigenous identity and thus destiny and self determination. 

In reviewing the history of this policy of discriminatory and criminal treatment, the context of colonialism remains the definitive dynamic for the lack of an impartial evaluation of the issues.  The cases presented for your review as Special Rapporteur on Religious Intolerance, describe specific issues of complaint by indigenous nations against the US domains of authority, yet all have in common the issue of identifying the intellectual author of the policies implemented and justified to the national society and world community. 

This is a core issue, particularly in light of the Declaration on the Elimination of All Forms of Intolerance and Discrimination Based on Religion or Belief and the study which you as Special Rapporteur are now conducting.  The Declaration defines "intolerance and discrimination based upon religion or belief [as] any distinction, exclusion, restriction or preference based on religion or belief and having as its purpose or as its effect nullification or impairment of the recognition, enjoyment or exercise of human rights and fundamental freedoms on an equal basis."

In terms of the Indigenous Peoples of the continent Abya Yala, Itzachitlan [the Americas] what is indicated is the need to expose the philosophical justifications for the continued colonization of our homelands in violation of the principles of the Declaration and other Human Rights standards now accepted by the world's government states.  Specifically, we recommend as a point of departure for such an endeavor the elimination of preference in terms of criteria the selection of instruments of evaluation which exclusively are derived from the systems of jurisprudence of the colonizer governments.


Ever since the study by Jose Martinez Cobo on the Problem of Discrimination against Indigenous Populations, the sacred relationship of Indigenous Peoples to the land as Mother Earth and sacred sites specifically have been extensively researched and documented in terms of religious belief systems worthy of respect and recognition on an equal basis by the United Nation member states and their citizens and subjects.  Yet in terms of practice and policy, a barrier of resistance remains in place at all levels of the societies of the colonizing nationalities.  The Cobo study and your efforts as Special Rapporteur on Religious Intolerance could be seen as investigations along a continuum, but when will the results of 500 years of colonization upon the psychology and practice of the settler states and their members themselves be addressed by the United Nations?  This would be especially appropriate for a study of the indigenous issues of religious discrimination and land in the hemisphere of the Americas, since the initiation of colonization and current heirs of the colonial political systems still in place derive their justification from an ethnic religious prejudice that is described mythically as "the Western World".

We of the TLAHTOKAN AZTLAN believe in humanity. We believe in the Spirit of Truth, which resides in Aztlan.  We also believe that the Sun of Justice which is dawning for Indigenous Peoples commands that the injustices of the past be exposed and eliminated as forms of oppression and a deformation of our common humanity. It is our desire that through the efforts of your commission as Special Rapporteur, this message serve as a reminder to the organization of government states which you represent, the United Nations.  A reawakening as to what should be our relationship as cultures, nations, and Peoples of the Earth must occur for our future generations to achieve true peace with dignity.  We of TLAHTOKAN AZTLAN are bound by tradition to uphold our part of the agreement which is transcribed in the smoke of our first encounters.  There will be no modification or amendments made to the understanding that we are all human beings and no one Peoples have the right to impose by force a doctrine of superiority over any other.

Sincerely,

Tupac Enrique Acosta, Yaotachcauh

Tlahtokan Nahuacalli

Aztatl: In Lakech

Report on the Tenth Session of the UNPII

E/2011/43-E/C.19/2011/14

United Nations

Permanent Forum on

Indigenous Issues

Report on the tenth session

(16-27 May 2011)

Economic and Social Council

Official Records, 2011

Supplement No. 23

Permanent Forum on Indigenous Issues

Report on the tenth session

(16-27 May 2011)

United Nations • New York, 2011

E/2011/43-E/C.19/2011/14

Note

Symbols of United Nations documents are composed of capital letters combined with figures. Mention of such a symbol indicates a reference to a United Nations document.

ISSN 1728-0060

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 “Combating violence against

indigenous women and girls: article 22 of the United Nations Declaration on the

Rights of Indigenous Peoples”............................................ 1

II.

Venue and dates of the eleventh session of the Permanent Forum ............... 1

III.

Report of the Permanent Forum on Indigenous Issues on its tenth session and

provisional agenda for its eleventh session ................................. 1

B.

Matters brought to the attention of the Council .................................. 2

II.

Venue, dates and proceedings of the session......................................... 23

III.

Adoption of the report of the Permanent Forum on its tenth session ..................... 25

IV. Organization of the session....................................................... 26

A.

Opening and duration of the session ........................................... 26

B.

Attendance................................................................ 26

C.

Election of officers ......................................................... 26

D.

Agenda................................................................... 26

E.

Documentation ............................................................ 27

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 “Combating violence against indigenous women and girls: article 22 of the United Nations Declaration on the Rights of Indigenous Peoples”

The Economic and Social Council decides to authorize a three-day international expert group meeting on the theme “Combating violence against indigenous women and girls: article 22 of the United Nations Declaration on the Rights of Indigenous Peoples” and requests that the results of the meeting be reported to the Permanent Forum at its eleventh session, to the General Assembly at its sixty-seventh session and to the Commission on the Status of Women at its fifty-sixth session in 2012.

Draft decision II

Venue and dates of the eleventh session of the Permanent Forum

The Economic and Social Council decides that the eleventh session of the Permanent Forum on Indigenous Issues shall be held at United Nations Headquarters in New York, from 7 to 18 May 2012.

Draft decision III

Report of the Permanent Forum on Indigenous Issues on its tenth session and provisional agenda for its eleventh session

The Economic and Social Council,

(a) Takes note of the report of the Permanent Forum on Indigenous Issues on its tenth session;

(b) Approves the provisional agenda for the eleventh session of the Permanent Forum as set out below:

1. Election of officers.

2. Adoption of the agenda and organization of work.

3. Discussion on the special theme for the year: “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)”.

4. Human rights:

(a) Implementation of the United Nations Declaration on the Rights of Indigenous Peoples;

(b) Dialogue with the Special Rapporteur on the rights of indigenous peoples and the Chair of the Expert Mechanism on the Rights of Indigenous Peoples.

5. Comprehensive dialogue with United Nations agencies and funds.

6. Half-day discussion on the rights of indigenous peoples to food and food sovereignty.

7. Half-day discussion on the World Conference on Indigenous Peoples.

8. Half-day discussion on Central and Eastern Europe, the Russian Federation, Central Asia and Transcaucasia.

9. Future work of the Permanent Forum, including issues of the Economic and Social Council and emerging issues.

10. Draft agenda for the twelfth session of the Permanent Forum.

11. Adoption of the report of the Permanent Forum on its eleventh 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

Follow-up to the recommendations of the Permanent Forum on economic and social development, the environment and free, prior and informed consent

Economic and social development

4. The Permanent Forum on Indigenous Issues has received information on the implementation of 62 of the 131 recommendations made throughout its past nine sessions in the field of economic and social development, which is one of the six areas that the Forum is mandated to address. These recommendations cover a range of issues, including large-scale development projects, resource extraction, communication, traditional livelihoods, data disaggregation and the development of indicators. The Permanent Forum has consistently upheld the right of indigenous peoples to self-determination, as well as their right to determine and develop their own priorities and strategies for development, as enshrined in articles 3 and 32, respectively, of the United Nations Declaration on the Rights of Indigenous Peoples. Indigenous women play an integral role in all aspects of economic and social development, and, in order for indigenous peoples to advance the effective

implementation of the Declaration, violence against indigenous women must be eradicated.

5. The Permanent Forum requests that its secretariat prepare a report on the implementation of the recommendations made, to be submitted to the Forum at its eleventh session, in 2012. The report should analyse the challenges as well as the associated factors that United Nations agencies and funds, Member States and indigenous peoples’ organizations have faced.

6. The Permanent Forum congratulates the Food and Agriculture Organization of the United Nations (FAO) on the adoption of its policy on indigenous and tribal peoples and requests that FAO take measures towards the implementation of the policy at all levels, especially at the country level. Such measures include improving the capacity of FAO staff to work effectively with indigenous peoples and their organizations and establishing a mechanism for partnership. Further, the Permanent

Forum requests that FAO involve it in the development of voluntary guidelines on the responsible governance of tenure of land, fisheries and forests. In addition, the Forum requests participation in the Committee on World Food Security and membership in the Committee’s advisory group.

7. The Permanent Forum congratulates the International Fund for Agricultural

Development (IFAD) on the establishment of an indigenous peoples’ forum on

18 February 2011. This is consistent with international standards and, in particular,

with the United Nations Declaration on the Rights of Indigenous Peoples. It is also

an example of good practice to be followed by other United Nations entities. The

Forum encourages IFAD to: (a) actively promote the participation of indigenous

peoples’ organizations in country strategies and programme cycles; (b) improve the

design, monitoring and evaluation of IFAD-funded projects by using specific

indicators for the well-being of indigenous peoples and by promoting an

independent assessment of such projects by indigenous peoples; and (c) improving

its advocacy role in disseminating its best practices in terms of development

approaches with indigenous peoples at the national, regional and international

levels.

8. The Permanent Forum welcomes the report of the technical expert group

meeting on indicators, mechanisms and data for assessing the implementation of

indigenous peoples’ rights, held in Geneva in September 2010 by the International

Labour Organization (ILO), the Office of the United Nations High Commissioner

for Human Rights (OHCHR) and the secretariat of the Permanent Forum. The report

sets out important principles and guidance for further work. The Permanent Forum

recommends that the Inter-Agency Support Group on Indigenous Peoples’ Issues

and, in particular, ILO, OHCHR and the secretariat of the Permanent Forum

continue their work to develop a common framework for monitoring the situation

and well-being of indigenous peoples and the implementation of the Declaration,

including the identification of indigenous-appropriate indicators, possible data

sources and linkages to relevant mechanisms. The process should be taken forward

in a collaborative manner with other interested institutions, ensuring full

consultation and participation of indigenous peoples.

9. The Permanent Forum welcomes the launching of the United Nations

Indigenous Peoples’ Partnership (UNIPP) and urges Member States and others to

provide support for the implementation of joint country programmes in at least 8 to

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10 countries over the next five years and to the Regional Initiative on Indigenous

Peoples’ Rights and Development in Asia and the Pacific through UNIPP.

10. The Permanent Forum notes the progress achieved by the Regional Bureau for

Latin America and the Caribbean of the United Nations Development Programme

(UNDP) in the implementation of a programme on electoral processes with a focus

on indigenous women and youth. However, the Permanent Forum is concerned

about the Regional Initiative on Indigenous Peoples’ Rights and Development in

Asia and the Pacific, a programme that has critically contributed to promoting

indigenous peoples’ issues and rights in the region. The Permanent Forum urges

UNDP to maintain and strengthen this important programme.

11. The Permanent Forum recommends that OHCHR and UNDP continue their

work in support of national human rights institutions and focus on capacity

development support to promote and protect indigenous peoples’ rights.

12. The Permanent Forum notes the progress made in promoting indigenous

peoples’ rights through the Programme to Promote ILO Convention No. 169 (PRO169).

The Permanent Forum urges ILO to maintain and strengthen this important

project/programme.

13. The Permanent Forum recommends: (a) using the model of engaging directly

with indigenous peoples that is used by the small grants programme delivery

mechanism, developed by UNDP since 1992 for implementation of projects at the

local level; and (b) strengthen engagement with indigenous peoples in developing

innovative tools and methodologies that are suited to and respectful of their cultures

and knowledge.

14. The Permanent Forum recommends that UNDP and other United Nations

agencies establish a special programme for indigenous professionals that will serve

as an entry point inclusion of these professionals as UNDP staff. This will

significantly enrich diversity in human development views and knowledge within

the organization.

15. The Permanent Forum recommends that the Inter-Agency Support Group on

Indigenous Peoples’ Issues compile a database on case studies showing the progress

made by Member States and organizations regarding indigenous youth rights in the

implementation of the United Nations Declaration on the Rights of Indigenous

Peoples.

Environment

16. The environment is one of the six substantive areas that the Permanent Forum

is mandated to address, and covers a range of issues, including land rights, land use,

natural resources, water, oceans, wetlands, fishing, climate change, forests,

desertification, pollution, traditional knowledge and access, and benefit-sharing.

Environmental issues are also incorporated into a number of articles of the United

Nations Declaration on the Rights of Indigenous Peoples, specifically in relation to

lands, territories and resources. Articles 25 to 32 outline the rights of indigenous

peoples in relation to maintaining and strengthening their spiritual relationship with

lands, territories and resources, including the right to own, develop and control their

lands, to conserve and protect the environment and the production capacity of lands,

to determine development on their lands and to maintain, control, protect and develop their cultural heritage and traditional knowledge and knowledge of the properties of fauna and flora.

17. The Permanent Forum endorses the report and recommendations of the International Expert Group Meeting on Indigenous Peoples and Forests (see E/C.19/2011/5) and reiterates the two recommendations (paras. 18 and 20) set out below.

18. States should recognize indigenous peoples’ rights to forests and should review

and amend laws that are not consistent with the United Nations Declaration on the

Rights of Indigenous Peoples and other international standards on indigenous

peoples’ land and natural resource rights, including over forests. This includes

indigenous peoples’ customary law on land and resource rights and the right to be

fully involved in decision-making processes.

19. Conservation, environmental and other non-governmental organizations ensure

that their forest-related programmes and policies use the human rights-based and

ecosystem approach to forest conservation. This includes the integration of the

implementation of the Declaration in their forest programmes.

20. OHCHR, the secretariat of the Permanent Forum, ILO, the World Bank Group

and other relevant United Nations entities, including United Nations country teams,

should focus on increasing the understanding of indigenous peoples’ underlying

material rights to land and the need to give material rights priority over process

rights. These agencies should undertake analytical work on how the intensity and

exclusivity criteria that are commonly encompassed in domestic property rights

systems could be understood in the context of international human rights standards

related to indigenous property rights.

21. The Permanent Forum calls upon the United Nations Framework Convention

on Climate Change and States parties thereto to develop mechanisms to promote the

participation of indigenous peoples in all aspects of the international dialogue on

climate change.

22. The Permanent Forum welcomes the adoption by the Conference of the Parties

to the Convention on Biological Diversity at its 10th meeting of the Code of Ethical

Conduct to Ensure Respect for the Cultural and Intellectual Heritage of Indigenous

and Local Communities Relevant to the Conservation and Sustainable Use of

Biological Diversity (the Tkarihwaié:ri code of ethical conduct),1 which arose from

a Forum recommendation made at its second session, and invites parties and

Governments, international agencies and all those working with indigenous

communities to make use of the code for research and access to, use, exchange and

management of information concerning traditional knowledge.

23. However, elements of the Tkarihwaié:ri code of ethical conduct are voluntary.

The Permanent Forum is concerned that paragraph one of the code is restrictive as it

includes the following: “They should not be construed as altering or interpreting the

obligations of Parties to the Convention of Biological Diversity or any other

international instrument. They should not be interpreted as altering domestic laws,

treaties, agreements or other constructive arrangements that may already exist.”

1

UNEP/CBD/COP/DEC/X/42, annex, available from http://www.cbd.int/doc/decisions/cop10/

cop-10-dec-42-en.pdf.

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24. The Permanent Forum welcomes the adoption by the Conference of the Parties

to the Convention on Biological Diversity of two additional indicators for traditional

knowledge: (a) status and trends in land use change and land tenure in the

traditional territories of indigenous and local communities, and (b) status and trends

in the practice of traditional occupations, to complement the adopted indicator on

status and trends in traditional languages. The Forum urges the secretariat of the

Convention and agencies working on these issues, including the United Nations

Educational, Scientific and Cultural Organization (UNESCO), ILO, FAO, IFAD and

the International Land Coalition, to collaborate with a view to fully operationalizing

those indicators.

25. In regard to the rights of indigenous peoples, the Permanent Forum reiterates

its long-standing position of encouraging the United Nations, its organs and

specialized agencies, as well as all States, to adopt a human rights-based approach.

At the international, regional and national level, the human rights of indigenous

peoples are always relevant if such rights are at risk of being undermined. Human

rights are indivisible, interdependent, and interrelated. They must be respected in

any context specifically concerning indigenous peoples, from environment to

development, to peace and security, and many other issues.

26. Affirmation of the status of indigenous peoples as “peoples” is important in

fully respecting and protecting their human rights. Consistent with its 2010 report

(E/2010/43-E/C.19/2010/15), the Permanent Forum calls upon the parties to the

Convention on Biological Diversity, and especially including the Nagoya Protocol,

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.

27. The Permanent Forum reiterates to the parties to the Convention on Biological

Diversity, and especially to the parties to the Nagoya Protocol, the importance of

respecting and protecting indigenous peoples’ rights to genetic resources consistent

with the United Nations Declaration on the Rights of Indigenous Peoples.

Consistent with the objective of “fair and equitable” benefit sharing in the

Convention and Protocol, all rights based on customary use must be safeguarded

and not only “established” rights. The Committee on the Elimination of Racial

Discrimination has concluded that such kinds of distinctions would be

discriminatory.2

28. The Permanent Forum welcomes the World Intellectual Property Organization

facilitating a process, in accordance with the Declaration, to engage with indigenous

peoples on matters including intellectual property, genetic resources, traditional

knowledge and folklore.

29. The Permanent Forum decides to appoint Kanyinke Sena, Mirna Cunningham

and Bertie Xavier, members of the Permanent Forum, to conduct a study on

indigenous peoples’ rights and safeguards in projects related to reducing emissions

from deforestation and forest degradation (REDD+) and to report back to the

Permanent Forum at its twelfth session, in 2013.

30. Numerous indigenous representatives have raised region-specific concerns

about the adverse impacts of climate change on their communities. The Permanent

2 See CERD/C/GUY/CO/14, para. 15.

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Forum will therefore explore the potential for conducting, by appropriate United

Nations entities, assessments, studies and reviews of the economic, social and

cultural impacts of climate change on indigenous nations, peoples and communities.

For example, the secretariat of the United Nations Convention to Combat

Desertification could conduct a study on climate change and desertification in the

African region.

31. The Permanent Forum recognizes the right to participate in decision-making

and the importance of mechanisms and procedures for the full and effective

participation of indigenous peoples in relation to article 18 of the United Nations

Declaration on the Rights of Indigenous Peoples. The Forum reiterates that the

United Nations Framework Convention on Climate Change, the Stockholm

Convention on Persistent Organic Pollutants, the Convention on Biological

Diversity, the World Intellectual Property Organization and the International

Maritime Organization should facilitate indigenous peoples’ participation in their

processes.

32. The Permanent Forum welcomes the study on indigenous peoples and

corporations that examined existing mechanisms and policies related to corporations

and indigenous peoples and identified good practices. The Forum recommends that

best practices of the application of the right of free, prior and informed consent

regarding corporations and indigenous peoples be documented and shared.

33. The Permanent Forum notes the intention of the International Indigenous

Women’s Environmental Justice and Reproductive Health Initiative to organize an

expert group meeting on the environment and indigenous women’s reproductive

health and requests that the organizers invite members of the Permanent Forum to

participate in the meeting. Further, the Permanent Forum recommends that the

United Nations Population Fund (UNFPA) and the World Health Organization

participate in the expert group meeting.

Free, prior and informed consent

34. The common understanding of the right to free, prior and informed consent is

that consent should be given freely, without coercion, intimidation or manipulation

(free); sought sufficiently at all stages, including from inception to final

authorization and implementation of activities (prior); based on an understanding of

the full range of issues and implications entailed by the activity or decision in

question (informed); and given by the legitimate representatives of the indigenous

peoples concerned.

35. Free, prior and informed consent has been explicitly affirmed in the United

Nations Declaration on the Rights of Indigenous Peoples in relation to the relocation

of indigenous peoples from their lands and territories (article 10); redress with

respect to the appropriation of their cultural, intellectual, religious and spiritual

property (article 11, paragraph 2); obtaining such consent before adopting and

implementing legislative and administrative measures that may affect indigenous

peoples (article 19); redress for their lands or resources taken without their consent

(article 28, paragraph 1); disposal of hazardous materials in their territories (article

29, paragraph 2); and obtaining of such consent prior to the approval of

development projects affecting their lands or territories and other resources (article

32, paragraph 2).

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36. As a crucial dimension of the right of self-determination, the right of

indigenous peoples to free, prior and informed consent is also relevant to a wide

range of circumstances in addition to those referred to in the Declaration. Such

consent is vital for the full realization of the rights of indigenous peoples and must

be interpreted and understood in accordance with contemporary international human

rights law, and recognized as a legally binding treaty obligation where States have

concluded treaties, agreements and other constructive arrangements with indigenous

peoples. In this regard, the Permanent Forum emphatically rejects any attempt to

undermine the right of indigenous peoples to free, prior and informed consent.

Furthermore, the Forum affirms that the right of indigenous peoples to such consent

can never be replaced by or undermined through the notion of “consultation”.

37. Given that the right of indigenous peoples to free, prior and informed consent

is recognized and affirmed in the United Nations Declaration on the Rights of

Indigenous Peoples, questions have arisen concerning its implementation. In the

light of such fundamental concerns, the Permanent Forum has decided to prioritize

free, prior and informed consent. Therefore, in the context of future work, the

Permanent Forum will explore the potential for the development of guidelines on

the implementation of free, prior and informed consent. The Permanent Forum will

endeavour to do so in collaboration with the Expert Mechanism on the Rights of

Indigenous Peoples and the Special Rapporteur on the rights of indigenous peoples,

who are specifically mandated to address the human rights of indigenous peoples.

This initiative, as well as those referred to immediately below, are fully consistent

with articles 38, 41 and 42 of the Declaration.

38. The Permanent Forum also notes the number of interventions by indigenous

peoples alarmed at the denial of their right to free, prior and informed consent in

relation to extractive industries and other forms of large- and small-scale

development. Therefore, the Permanent Forum recommends that States and

international financial and aid institutions systematically monitor, evaluate, assess

and report on how free, prior and informed consent has or has not been recognized

and applied with respect to the lands, territories and resources of the indigenous

peoples concerned.

39. Given the importance of the full range of the human rights of indigenous

peoples, including traditional knowledge, culturally appropriate procedures to

ensure communication, information, and scheduling, the Permanent Forum calls on

all United Nations agencies and intergovernmental agencies to implement policies,

procedures and mechanisms that ensure the right of indigenous peoples to free, prior

and informed consent consistent with their right to self-determination as reflected in

common article 1 of the International Covenants on Civil and Political Rights and

on Economic, Social and Cultural Rights, which makes reference to permanent

sovereignty over natural resources.

40. The Permanent Forum confirms its intention to participate in the 35th session

of the World Heritage Committee (Paris, 19 to 29 June 2011). The objective of such

participation is to encourage a review of existing procedures with regard to rights-

related mechanisms, norms and standards in the preparation and processing of world

heritage nominations by States parties.

41. The Permanent Forum welcomes the initiative of UNESCO, the International

Union for Conservation of Nature (IUCN), the International Council on Monuments

and Sites (ICOMOS) and the International Centre for the Study of the Preservation

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and Restoration of Cultural Property (ICCROM) to review current procedures and

capacity to ensure free, prior and informed consent, and the protection of indigenous

peoples’ livelihoods, tangible and intangible heritage. During this review process, it

would be advisable to review the inconsistency of approaches to natural world

heritage and cultural world heritage. The Permanent Forum makes itself available to

assist in the review and revision of UNESCO operational guidelines with regard to

nominations and site assessments. The Permanent Forum further recommends that

UNESCO invite indigenous peoples’ representatives and experts to contribute to

deliberations on and recommended changes to procedures and operational

guidelines.

42. The Permanent Forum recommends that the UNESCO World Heritage

Committee, and the advisory bodies IUCN, ICOMOS and ICCROM, scrutinize

current World Heritage nominations to ensure they comply with international norms

and standards of free, prior and informed consent.

Human rights: implementation of the United Nations Declaration on the Rights

of Indigenous Peoples

43. Since the adoption of the United Nations Declaration on the Rights of

Indigenous Peoples in 2007, some Governments have taken measures to incorporate

into their national or domestic legislation, recognition of and respect for the human

rights of indigenous peoples. However, in most regions of the world,

implementation of the Declaration remains a big challenge. The Permanent Forum

on Indigenous Issues welcomes the reports of States and United Nations agencies on

respective initiatives to implement the Declaration, but draws attention to the

serious implementation gaps.

44. Issues of violence and brutality, continuing assimilation policies,

marginalization, dispossession of land, forced removal or relocation, denial of land

rights, the impacts of large-scale development, abuses by military forces, armed

conflict and a host of other abuses, are a reality for indigenous peoples and their

communities around the world. Examples of violence and brutality have occurred in

every corner of the indigenous world, often perpetrated against indigenous peoples

who are defending their rights and their lands, territories and natural resources.

45. The Permanent Forum reaffirms its general comments to article 42 of the

Declaration adopted previously by the Forum. The Forum welcomes the report

presented by Bartolome Clavero, Lars Anders-Baer, Carsten Smith and Michael

Dodson on the matter during its tenth session.

46. The Permanent Forum thanks the Government of Colombia for its support

during the Forum mission to Colombia and requests that the Government, the

United Nations country team and the United Nations agencies involved in the

mission implement the recommendations contained in the mission report

(E/C.19/2011/3) through consultation and full collaboration with the indigenous

peoples concerned. The Permanent Forum intends to assess the implementation of

the recommendations at its eleventh session.

47. The Permanent Forum calls upon States, in conjunction with indigenous

peoples, to establish national initiatives, programmes and plans of work to

implement the Declaration with clear timelines and priorities. States and indigenous

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peoples should report regularly to their national legislative bodies and to the Forum

on the progress and shortcomings in implementing the Declaration.

48. Recognizing that there is a general lack of awareness of the distinct status of

indigenous peoples and the human rights of indigenous peoples, which may lead to

systemic discrimination, the Permanent Forum urges all levels of government to

ensure that relevant staff as well as the broader public are aware of the United

Nations Declaration on the Rights of Indigenous Peoples, in order to promote and

ultimately achieve a framework for justice, reconciliation and respect for the human

rights of all. Furthermore, the Permanent Forum requests all States to uphold the

names of respected past and present indigenous leaders, and indigenous peoples, and

that they not be used in any inappropriate military connections.

49. The Permanent Forum calls upon all member States and United Nations

agencies to respond to the annual questionnaire from the secretariat of the

Permanent Forum in order to provide information on reliable practices that lead to

the full and effective implementation of the Declaration. Further, the Forum

recommends that the secretariat of the Permanent Forum include questions that

particularly focus on indigenous children and youth.

50. The Permanent Forum welcomes the collaboration with indigenous

parliamentarians during the tenth session of the Forum. It encourages the

parliamentarians and other elected indigenous representatives from national,

regional and local decision-making bodies to establish an international network or

organization in order to share common experiences, including those related to the

implementation of the Declaration in legislative and other democratic bodies. It

further encourages the Inter-Parliamentary Union to install a liaising body with the

indigenous parliamentarians to strengthen awareness of the Declaration. The Forum

calls upon indigenous parliamentarians to promote the necessary legislative reforms

for implementation of the Declaration.

51. The Permanent Forum recommends that the secretariat of the Permanent

Forum, the United Nations Children’s Fund (UNICEF), the United Nations Institute

for Training and Research, UNDP and the United Nations Programme on Youth

cooperate closely with the Global Indigenous Youth Caucus to conduct and support

regional and international human rights training programmes to build the capacity

and advocacy skills of indigenous youth.

Half-day discussion on South and Central America and the Caribbean

52. The Permanent Forum on Indigenous Issues recommends that Member States

implement precautionary measures and recommendations provided by the

Inter-American Commission on Human Rights, the Special Rapporteur on the rights

of indigenous peoples and the Permanent Forum, to prevent irreparable harm to

indigenous peoples, their authorities and indigenous organizations.

53. The Permanent Forum recommends that Member States take measures to

advance indigenous women’s right to intercultural health through its inclusion in

legal frameworks and public policies, as well as programmes to guarantee culturally,

geographically and financially appropriate health and social services.

54. The Permanent Forum recalls recommendations contained in paragraph 89 of

the report on its eighth session (E/2009/43-E/C.19/2009/14) and in paragraph 35 of

the report on its ninth session (E/2010/43-E/C.19/2010/15) regarding coca leaf

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chewing. Traditional coca leaf chewing is consistent with the right of indigenous

peoples to maintain their traditional health and cultural practices, as recognized in

articles 11, 24 and 31 of the United Nations Declaration on the Rights of Indigenous

Peoples.

55. The Permanent Forum reiterates the recommendation, contained in paragraph

17 of the report on its second session (E/2003/43-E/C.19/2003/22), related to the

sale of children, child prostitution and child pornography. The Permanent Forum

invites OHCHR, in particular the Special Rapporteur on the sale of children, child

prostitution and child pornography, to report on the situation of indigenous children

to the Forum at its eleventh session.

56. The Permanent Forum welcomes the 2011 International Year for People of

African Descent, mindful of racism and discrimination against Afrodescendants, and

appreciates the work of OHCHR in the Americas, as well as the efforts undertaken

by the Committee on the Elimination of Racial Discrimination, the Working Group

of Experts on People of African Descent and the Special Rapporteur on

contemporary forms of racism, racial discrimination, xenophobia and related

intolerance.

57. The Permanent Forum has decided to appoint Saul Vicente Vásquez, a member

of the Forum, to conduct a study on extractive industries in Mexico and the situation

of indigenous peoples in the territories in which these industries are located.

58. The Permanent Forum supports an initiative to declare an International Year of

Quinoa, recognizing the importance of quinoa to indigenous people and that it is a

natural food with a high nutritional content.

59. The Permanent Forum notes the initiative of the United Nations country team

in Nicaragua to establish a consultative committee comprising members of

indigenous peoples, Afrodescendants and country team staff, in order to promote

and strengthen the realization of the rights and principles set out in international

human rights instruments. The Permanent Forum urges other United Nations

country teams to follow this example and establish similar consultative mechanisms.

Comprehensive dialogue with the United Nations Children’s Fund

60. The Permanent Forum on Indigenous Issues held a comprehensive dialogue

with UNICEF on 23 May 2011. The Permanent Forum welcomed the participation

of UNICEF, noted its large delegation and expressed appreciation for its detailed

and informative report on activities in support of indigenous peoples

(E/C.19/2011/7).

61. The Permanent Forum acknowledges the equity policy of UNICEF and pays

particular attention to vulnerable indigenous children and youth in terms of food

security, shelter, health and education. UNICEF, in developing its indigenous

peoples policy, should consider the standards set out in the United Nations

Declaration on the Rights of Indigenous Peoples in relation to indigenous children

and youth.

62. The Permanent Forum posed questions to UNICEF addressing a number of

issues, including:

(a) The various types of obstacles posed to the Fund’s work with indigenous

peoples and whether these were similar in the various regions of the world;

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(b) How the participation of indigenous organizations, indigenous authorities

or communities, and indigenous youth was being ensured in UNICEF projects

implemented outside Latin America;

(c) How the Fund’s work with minorities differed from that with indigenous

peoples in various regions of the world;

(d) How UNICEF projects focused on indigenous children might differ from

Fund projects directed at children in general;

(e) Whether UNICEF had a specific budget to fulfil its mandate with regard

to indigenous children;

(f) What degree of importance UNICEF attached to guaranteeing access to

medicines and treatments for indigenous children living with HIV and AIDS;

(g) How UNICEF addressed the problem of indigenous child soldiers;

(h) What type of policy UNICEF applied to carrying out bilingual and

intercultural education in communities with a majority indigenous population;

(i) Whether UNICEF had information regarding child pornography and the

illegal trafficking of indigenous children, and how it was addressing those problems;

(j) Whether the Fund’s work with indigenous children differed in terms of

indigenous boys and girls;

(k) What measures UNICEF was taking to empower and involve indigenous

youth in developing its policies for them;

(l) What efforts UNICEF was making to promote and protect the rights of

indigenous children in industrialized countries;

(m) In what manner UNICEF was addressing the impact of migration on

indigenous children;

(n) What advances UNICEF was making in the development of its

organizational framework regarding its work with indigenous children.

63. The Permanent Forum requests that UNICEF operationalize and implement its

strategic framework on indigenous and minority children and report to the Forum in

2012 on measures undertaken to that end.

64. The Permanent Forum requests that UNICEF, when completing its strategic

policy framework on indigenous peoples, include indigenous youth in the design of

the policy. In addition, particular attention is needed to reflect the diversity among

indigenous children and to focus on vulnerable groups, such as victims of human

trafficking and child pornography, as well as groups facing manifold discrimination

based on gender, disability or sexual orientation.

65. In support of their country-level programming, and with a view to a deeper

appreciation of indigenous peoples’ perceptions of such interventions, UNICEF and

UNFPA should undertake a study on the social, cultural, legal and spiritual

institutions of indigenous peoples and how these affect the rights of women and

children as laid out in local, regional and global frameworks.

66. The Permanent Forum requests that UNICEF prepare a report on the state of

the world’s children, with a thematic focus on indigenous children. The report

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should give special attention to the implementation by Member States of the United

Nations Declaration on the Rights of Indigenous Peoples, the Convention on the

Rights of the Child and general comment No. 11 (2009) of the Committee on the

Rights of the Child on indigenous children and their rights under the Convention.

Furthermore, the Forum requests UNICEF to begin to disaggregate data on

indigenous children, including from its existing database.

67. The Permanent Forum recommends that UNICEF allocate at least one

fellowship to an indigenous young person from each region every year for a term of

at least three months, to empower indigenous youth and promote knowledge and

experience regarding the United Nations system and the work of the Fund, and

including financial support.

68. Bearing in mind the principle of free, prior and informed consent as enshrined

in the United Nations Declaration on the Rights of Indigenous Peoples, the

Permanent Forum recommends that relevant UNICEF materials be translated into

the languages of and made accessible to the indigenous peoples with whom the

Fund is working so that they can participate fully in the planning and

implementation of projects that directly or indirectly affect them.

69. UNICEF should consider developing projects to benefit indigenous children in

developed countries as required, taking into consideration that many indigenous

children in such countries, mainly those living in rural areas, face the same

problems as indigenous children in developing countries.

70. The Permanent Forum requests that UNICEF coordinate its activities and

operations with the United Nations Programme on Youth, the secretariat of the

Forum and the Global Indigenous Youth Caucus to ensure the participation of

indigenous youth in the upcoming high-level meeting on youth.

71. The Permanent Forum requests that UNICEF recognize and respect the right of

free, prior and informed consent in the preparation and implementation of its

strategic policy framework on indigenous peoples.

72. The Permanent Forum recommends that UNICEF continue to gather data on

the issue of children and migration and information on the effects of migration on

children, recognizing in particular the situation of indigenous children, the risks of

serious exploitation, such as trafficking in human beings for various purposes, and

the restoration of rights to victims and vulnerable children, such as street children,

through all country-level programmes.

73. The Permanent Forum requests that UNICEF design, in partnership with other

relevant United Nations agencies, a protocol for emergency situations resulting from

natural disasters to ensure that, in cases of emergency, there are no violations of the

human rights of indigenous peoples, especially indigenous youth, children and

women, owing to forced relocation.

74. The Permanent Forum recommends that UNICEF establish a particular budget

and strengthen programmes and projects for indigenous children and youth.

75. The Permanent Forum requests that UNICEF and UNESCO support

intercultural and bilingual education programmes in conjunction with the indigenous

peoples concerned, paying special attention to the right of girls to primary and

secondary education.

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76. The Permanent Forum commends UNICEF and UNFPA for their work to

combat female genital mutilation practices and urges them to continue their efforts

with indigenous peoples and their communities.

77. The Permanent Forum decides to appoint Myrna Cunningham and Alvaro Pop

to prepare jointly with UNICEF a report on the situation of indigenous children in

Latin America and the Caribbean and to present it to the Forum at its eleventh

session.

Half-day discussion on the right to water and indigenous peoples

78. The Permanent Forum welcomes the adoption by the General Assembly of its

resolution 64/292, in which the Assembly recognized the right to safe and clean

drinking water and sanitation as a human right essential for the full enjoyment of

life and all human rights. Furthermore, the Permanent Forum applauds the Special

Rapporteur on the human right to safe drinking water and sanitation for her work.

The Permanent Forum appreciates her affirmation of the important indivisible,

interdependent and interrelated nature of indigenous peoples’ human rights,

especially within the context of their right to water.

79. Indigenous peoples have a profound relationship with their environment. This

includes their distinct rights to water. The Permanent Forum urges States to

guarantee those rights, including the right to access to safe, clean, accessible and

affordable water for personal, domestic and community use. Water should be treated

as a social and cultural good, and not primarily as an economic good. The manner in

which the right to water is realized must be sustainable for present and future

generations. Moreover, indigenous peoples’ access to water resources on their

ancestral lands must be protected from encroachment and pollution. Indigenous

peoples must have the resources to design, deliver and control their access to water.

80. The Permanent Forum recognizes treaty rights, including associated rights to

water, as a key element in the comprehensive discussion of indigenous peoples’

understanding and interpretation of treaties, agreements and constructive

arrangements between indigenous peoples and States.

81. All too often, indigenous peoples face increasing competition for their scarce

water reserves from agricultural plantations, as well as from hydroelectric, mining

and commercial entities. In many instances, the privatization of water, combined

with the failure to provide indigenous peoples with timely and adequate information

about how to register their water rights, ignores and abuses indigenous peoples’

right to water. In many regions of the world, mining companies have almost

depleted water aquifers on which indigenous peoples rely for their drinking water.

In other regions, mercury from abandoned gold rush era mines and polychlorinated

biphenyls (PCBs) and other contaminants have been dumped into all water sources,

polluting the water supply and making seafood, a staple of the traditional diet,

unsafe for human consumption.

82. The Permanent Forum urges States to recognize and protect indigenous

peoples’ cultural right to water and, through legislation and policy, to support the

right of indigenous peoples to hunt and gather food resources from waters used for

cultural, economic and commercial purposes. This is consistent with article 25 of

the United Nations Declaration on the Rights of Indigenous Peoples.

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83. The Permanent Forum urges States to include indigenous peoples in decision-

making processes in all areas of water management, including commercial use,

irrigation and environmental management, and to ensure that such decision-making

processes are consistent with the principles of the United Nations Declaration on the

Rights of Indigenous Peoples, in particular its article 32, under which the free and

informed consent of indigenous peoples is required prior to the approval of any

project affecting their lands or territories and other resources.

84. The Permanent Forum urges States to increase the provision of funding to

indigenous peoples and communities for water and wastewater systems in order to

improve the quality of drinking water and wastewater infrastructure, as well as

address water pollution and degradation in indigenous communities.

Future work of the Permanent Forum

85. The Permanent Forum on Indigenous Issues discussed the theme for its

eleventh session, “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)”. Forum members agreed

to emphasize the latter part of the theme by including a focus on redefining

indigenous and State relationships as an equally important lens through which to

understand the Doctrine of Discovery in order to develop a vision of the future for

reconciliation, peace and justice.

86. The Permanent Forum notes the information reported to the Arctic Council

ministerial meeting held in Nuuk in May 2011 on the impact of cumulative effects

of climate change and industrial development in the Arctic, which threaten to cause

the loss of grazing lands and the destruction, blockage or delay of critical reindeer

migrations between seasonal pastures, and thereby jeopardize the adaptive capacity

of indigenous reindeer herders.

87. The Permanent Forum thanks the Centre for Applied Studies on Economic,

Social and Cultural Rights for providing information about the initiative entitled

“Evaluation on the impact of human rights”, which will be shared with the members

of the Forum for their consideration in the context of the future work of the Forum.

88. The Permanent Forum learned of the threat posed to the health of indigenous

peoples by four non-communicable diseases — diabetes, cardiovascular disease,

cancer and chronic lung disease — and their common risk factors. The Permanent

Forum welcomes the organization of a high-level meeting of the General Assembly

on the prevention and control of non-communicable diseases and requests that

representatives of indigenous peoples be invited to contribute to and participate in

the meeting, as well as the interactive hearings with civil society scheduled for June

2011.

89. The Permanent Forum thanks the Governments of Canada and the United

States of America for hosting its 2011 pre-sessional meeting, and thanks the

Governments of the Plurinational State of Bolivia, Spain, Norway, Denmark and

Greenland and China for having hosted previous pre-sessional meetings of the

Forum. The Permanent Forum recommends that States that have not yet done so

consider hosting future pre-sessional meetings. The Permanent Forum also requests

that the Secretariat organize pre-sessional meetings for future sessions of the Forum.

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90. The Permanent Forum thanks Algeria, Bolivia (Plurinational State of), Canada,

Chile, Colombia, Cyprus, Denmark, Estonia, Finland, Madagascar, Mexico and

Norway for their contributions to the Trust Fund of the Permanent Forum in 2010

and, given the steady annual increase of applications from indigenous peoples’

organizations, encourages other States to contribute to the Fund.

91. The Permanent Forum reaffirms its support for the United Nations Voluntary

Fund for Indigenous Populations, which supports indigenous participation to attend

its sessions. The Permanent Forum welcomes the contributions made by donors. It

notes that contributions to the fund have fallen drastically in recent years and

therefore encourages all Governments and others to contribute generously to the

Fund.

92. The Permanent Forum welcomes General Assembly resolution 65/198, by

which it expanded the mandate of the United Nations Voluntary Fund for Indigenous

Populations to facilitate the participation of indigenous representatives in meetings

of the Human Rights Council and the human rights treaty bodies. With the large

number of human rights violations that indigenous representatives bring to the

Permanent Forum, it encourages indigenous representatives to take advantage of

this opportunity.

93. With the expansion of the mandate of the Voluntary Fund for Indigenous

Populations, the Forum urges OHCHR to assure a full-time staff position to manage

the Fund.

94. The Permanent Forum welcomes a third United Nations seminar on indigenous

peoples’ understanding and interpretation of treaties, agreements and other

constructive arrangements.

95. The Permanent Forum on Indigenous Issues welcomes the proposal made by

the Expert Mechanism on the Rights of Indigenous Peoples in the report on its third

session, which encourages OHCHR to hold an international expert seminar on truth

and reconciliation processes.3 This proposal of the Expert Mechanism recognizes

the importance of national truth and reconciliation processes for improving relations

between States and indigenous peoples and for facilitating strengthened recognition

and implementation of the rights of indigenous peoples.

96. The Permanent Forum recognizes the instrumental role of the Indigenous

Peoples’ Centre for Documentation, Research and Information in providing essential

services to indigenous peoples and encourages United Nations bodies and agencies

to facilitate the work of indigenous delegates representing indigenous peoples

within the United Nations system by establishing partnerships with the Centre, and

to facilitate its financing.

97. The Permanent Forum has decided to appoint Paimaneh Hasteh, a member of

the Forum, to complete a study entitled “Engaging indigenous peoples more

inclusively in the process of disaster risk reduction by respecting linguistic and

cultural practices of indigenous peoples known to be at risk” by 31 December 2012

and to submit it to the Forum at its twelfth session, in 2013.

98. The Permanent Forum decides to appoint Raja Devasish Roy, Bertie Xavier

and Simon William M’Viboudoulou, members of the Forum, to conduct a study on

3 A/HRC/15/36, proposal 8, para. 11.

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shifting cultivation and the sociocultural integrity of indigenous peoples, to be

submitted to the Forum at its eleventh session, in 2012.

99. The Permanent Forum has decided to appoint Anna Naykanchina, a member of

the Forum, to undertake a study on the impacts of land use change and climate

change on indigenous reindeer herders’ livelihoods and land management, including

culturally adjusted criteria for indigenous land uses, to be submitted to the Forum at

its eleventh session.

100. The Permanent Forum has decided to appoint Dalee Sambo Dorough, a

member of the Forum, to conduct a study, as examples of good practice, of the

indigenous participatory mechanisms in the Arctic Council, the Circumpolar Inuit

Declaration on Resource Development Principles in Inuit Nunaat, and the Laponia

management system, to be submitted to the eleventh session of the Permanent

Forum.

101. The Permanent Forum has decided to appoint members of the Forum, Megan

Davis, Simon William M’Viboudoulou, Valmaine Toki, Paul Kanyinke Sena,

Edward John, Álvaro Esteban Pop Ac and Raja Devasish Roy, to conduct a study on

national constitutions and the United Nations Declaration on the Rights of

Indigenous Peoples, with a view to assessing the nature and extent of the inclusion

of indigenous peoples’ human rights in national constitutions, with reference to the

rights affirmed in the Declaration, to be submitted to the eleventh session of the

Permanent Forum in 2012.

102. The Permanent Forum takes note of the study by Lars-Anders Baer on the

status of the implementation of the Chittagong Hill Tracts Accord of 1997

(E/C.19/2011/6). The Permanent Forum also takes note of the concerns raised by the

representative of the Government of Bangladesh, as well as other Governments,

indigenous peoples’ organizations and non-governmental organizations, during the

discussions at the tenth session. Further, the Permanent Forum notes the steps taken

by the Government of Bangladesh to implement the Accord. The Permanent Forum

recommends the following:

(a) That, consistent with the code of conduct for United Nations

peacekeeping personnel, the Department of Peacekeeping Operations prevent

military personnel and units that are violating human rights from participating in

international peacekeeping activities under the auspices of the United Nations, in

order to maintain the integrity of the indigenous peoples concerned;

(b) That the Government of Bangladesh declare a timeline and outline

modalities of implementation and persons and/or institutions responsible for

implementation;

(c) That the Government of Bangladesh undertake a phased withdrawal of

temporary military camps from the region and otherwise demilitarize the region,

consistent with the safeguards of the peace accord, which will contribute to the

ultimate objective of peace and economic and social development, and improve the

relationship between indigenous peoples and the Government of Bangladesh;

(d) That the Government of Bangladesh establish a high-level, independent

and impartial commission of enquiry into human rights violations perpetrated

against indigenous peoples, including sexual violence against women and girls, and

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prosecute and punish the perpetrators, as well as provide reparations for the victims

concerned.

103. The Permanent Forum recognizes the opportunity created by the consultations

on constitutional amendments in Bangladesh and encourages peaceful dialogue

between the Government and indigenous peoples aimed at implementing the

Chittagong Hill Tracts Accord and addressing the substantial concerns raised in the

report and during the tenth session of the Permanent Forum, in accordance with the

United Nations Declaration on the Rights of Indigenous Peoples.

104. The Permanent Forum takes note of the study by Bartolomé Clavero Salvador

on international criminal law and the judicial defence of indigenous peoples’ rights

(E/C.19/2011/4).

105. The Permanent Forum acknowledges the Secretary-General’s warning that an

indigenous language dies every two weeks, expresses its critical concern about this

dire situation and, as a part of its review, has appointed Edward John to follow up

with UNESCO and UNICEF, other United Nations agencies and programmes and

States, to consider developments that will ensure the ongoing survival and

revitalization of indigenous languages.

106. The Permanent Forum takes note of the study by Elisa Canqui on forced labour

and indigenous peoples (E/C.19/2011/CRP.4) and urges Member States, in

collaboration with United Nations agencies and regional intergovernmental

organizations, to increase their efforts to combat forced labour and human

trafficking and to put in place adequate instruments to protect victims, paying

particular attention to indigenous peoples and the restoration of victims’ rights.

Indigenous women

107. The Permanent Forum recommends that the United Nations Entity for Gender

Equality and the Empowerment of Women (UN-Women) include a focus on the

situation and rights of indigenous women and girls in the compilation and

implementation of its first strategic plan, for the period 2011-2013, particularly with

regard to its efforts to increase women’s political leadership and participation,

promote women’s economic empowerment and combat violence against women and

girls, and that it draw on the expertise and advice of indigenous experts in the

process.

108. The Permanent Forum recognizes the leadership of UN-Women in promoting

gender equality and women’s empowerment, including its facilitation of the

engagement of women’s representatives and organizations in the relevant

international meetings, and recommends that UN-Women develop a policy on

engagement with indigenous women and girls within the framework of the United

Nations Declaration on the Rights of Indigenous Peoples and the United Nations

Development Group Guidelines on Indigenous Peoples’ Issues, and ensure the

participation of indigenous women in all consultative processes.

109. The Permanent Forum recommends that these recommendations be transmitted

to the members of the Executive Board of UN-Women at their first annual regular

session, to be held from 27 to 30 June 2011.

110. The Permanent Forum recommends that in its awarding of grants, the Fund for

Gender Equality and the United Nations Trust Fund in Support of Actions to

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Eliminate Violence against Women, administered by UN-Women, take into account

the need to enhance the human rights and situation of indigenous women and girls.

111. The Permanent Forum recommends that the efforts by Member States, the

United Nations system and regional organizations to implement Security Council

resolution 1325 (2000) on women and peace and security, in particular to promote

the participation of women in conflict prevention, conflict management and post-

conflict peacebuilding, take into account the effects of armed conflict on indigenous

women, and recommends that in her work, the Special Representative of the

Secretary-General on Sexual Violence in Conflict pay particular attention to the

situation of indigenous women in armed conflict.

112. The Permanent Forum recommends that indigenous women and their views be

duly represented in the discussions and outcomes of upcoming United Nations

meetings and conferences, including the high-level meeting on addressing

desertification, land degradation and drought in the context of sustainable

development and poverty eradication, to be held in September 2011; the fifty-sixth

session of the Commission on the Status of Women, themed “The empowerment of

rural women and their role in poverty and hunger eradication, development and

current challenges”, to be held in February and March 2012; and the United Nations

Conference on Sustainable Development (Rio+20), to be held in June 2012.

113. The Permanent Forum has decided to appoint members of the Forum, Eva

Biaudet, Megan Davis, Helen Kaljuläte and Valmaine Toki, to undertake a study on

the extent of violence against indigenous women and girls in terms of article 22 (2)

of the Declaration, to be submitted to the Forum at its eleventh session, in 2012.

114. The Permanent Forum encourages United Nations agencies, in particular

UN-Women, UNFPA, the United Nations Office on Drugs and Crime, UNDP and

UNICEF, to cooperate with and, if necessary, support the creation and consolidation

of a global watch mechanism (observatory) led by indigenous women and focusing

on collecting, organizing and monitoring information on violence against indigenous

women and girls to provide greater visibility of and enhance advocacy for political

action on the issue.

115. The Permanent Forum reiterates the recommendation contained in paragraph

12 of the report on its third session (E/2004/43-E/C.19/2004/23) and requests that

the International Organization for Migration, OHCHR, UN-Women, UNICEF, the

Office of the United Nations High Commissioner for Refugees, the United Nations

Office on Drugs and Crime and ILO report periodically to the Permanent Forum on

their progress in addressing the problems faced by indigenous migrant women and

girls, including the alarming trend of trafficking within and across national and

international borders.

116. The Permanent Forum urges Member States to ratify United Nations and

regional instruments combating trafficking in human beings, in particular the United

Nations Convention against Transnational Organized Crime and the Protocol to

Prevent, Suppress and Punish Trafficking in Persons, Especially Women and

Children, supplementing the Convention, and to establish transparent self-

monitoring mechanisms to gather information on human trafficking and related

phenomena, including the situation of indigenous women and children.

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Discussion on the World Conference on Indigenous Peoples

117. The Permanent Forum on Indigenous Issues invited the Office of the President

of the General Assembly at its sixty-fifth session to participate in an initial dialogue

to hear the views of the representatives of indigenous peoples on the 2014 World

Conference on Indigenous Peoples, with the participation of Member States as well

as those attending its tenth session.

118. The presidency of the General Assembly stressed that the Permanent Forum

has a central role to play and is uniquely qualified to provide input on the modalities

for the conference and, at a later stage, on its outcome. In this regard, the Permanent

Forum welcomes the opportunity and full responsibility for playing this central role

in the preparations for the forthcoming World Conference.

119. The Permanent Forum takes note of the commitment by the presidency of the

General Assembly to transmit to all Member States the recommendations and

comments resulting from the dialogue held during the tenth session.

120. The Permanent Forum urges the adoption of the modalities for the Conference

before the end of 2011, during the sixty-sixth session of the General Assembly, and

supports the strong call from indigenous peoples’ representatives on the need for

urgent action regarding the structuring and initiation of regional preparatory

processes for the World Conference.

121. The Permanent Forum affirms that the United Nations Declaration on the

Rights of Indigenous Peoples is the primary guide for its collective work and is

therefore highly relevant to the forthcoming World Conference. In this regard, the

Permanent Forum recalls that in the preamble to the Declaration, the General

Assembly solemnly proclaimed its obligation, in accordance with the Charter of the

United Nations, to advance indigenous human rights in order to “enhance

harmonious and cooperative relations between the State and indigenous peoples,

based on principles of justice, democracy, respect for human rights,

non-discrimination and good faith”.

122. In “a spirit of partnership and mutual respect”, the Forum further emphasizes

the important standards set out in articles 18 and 19 of the Declaration, which

provide the following: “Indigenous peoples have the right to participate in decision-

making in matters which would affect their rights, through representatives chosen

by themselves in accordance with their own procedures…” and “States shall consult

and cooperate in good faith with the indigenous peoples concerned through their

own representative institutions in order to obtain their free, prior and informed

consent before adopting and implementing legislative or administrative measures

that may affect them.” Such equal, direct and meaningful participation by

indigenous peoples throughout all stages of the World Conference is essential if the

international community is to arrive at a constructive result that will genuinely

improve the status and conditions of indigenous peoples worldwide.

123. The Permanent Forum is of the view that the most feasible time to have a

broad-based interactive dialogue between Member States and indigenous peoples

would be during, after or before its forthcoming annual sessions and that all stages

of the preparatory process for the World Conference should be conducted in equal

partnership between Member States and indigenous peoples.

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124. The Permanent Forum welcomes the initiative of the Government of Mexico

and the Fund for the Development of the Indigenous Peoples of Latin America and

the Caribbean to host the Latin American and Caribbean preparatory meeting on the

World Conference in 2012.

125. The Permanent Forum welcomes the invitation extended to indigenous peoples

by the Saami Parliament of Norway to attend a preparatory meeting to be held in

Alta, Norway, in 2013 to consolidate indigenous peoples’ strategies and inputs for

the World Conference.

126. The Permanent Forum also welcomes the recommendations made by a wide

range of indigenous peoples’ caucuses and representatives with respect to the

establishment of a global steering committee to conduct the preparatory process

with representation of the seven sociocultural regions, indigenous women and

youth, as well as the participation of the Expert Mechanism on the Rights of

Indigenous Peoples, the Special Rapporteur on the rights of indigenous peoples and

the Forum itself.

127. The Permanent Forum acknowledges and supports the strong appeal made by

indigenous peoples’ representatives to Member States, United Nations agencies, in

particular the Voluntary Fund for Indigenous Populations under OHCHR, and others

to secure funding for the participation of indigenous peoples in the preparatory

process and the Conference to be held in 2014.

128. The Permanent Forum calls upon the presidency of the General Assembly at its

sixty-fifth session to share with the membership of the United Nations the main

conclusions of the dialogue held on the World Conference with the members of the

Forum within the framework of its tenth session.

129. The Permanent Forum recommends to the presidency of the General Assembly

at its sixty-fifth session the appointment of a facilitator to conduct open-ended

consultations with Member States and representatives of indigenous peoples within

the framework of the Permanent Forum, as well as with the Expert Mechanism on

the Rights of Indigenous Peoples and the Special Rapporteur on the rights of

indigenous peoples, in order to determine the modalities for the meeting, including

the participation of indigenous peoples in the Conference.

130. The Permanent Forum recommends that the presidencies of the General

Assembly at its sixty-sixth and sixty-seventh sessions convene one-day interactive

dialogues with Member States and representatives of indigenous peoples within the

framework of the eleventh and twelfth sessions of the Forum.

131. The Permanent Forum calls upon all indigenous peoples worldwide to initiate

national and regional preparatory meetings on the World Conference and to present

the outcome and conclusion of the meetings as a report to the Forum at its eleventh

session, to serve as a valuable input for future discussions by the Forum on the

matter.

Discussion on the United Nations Conference on Sustainable Development

132. The Permanent Forum welcomes the United Nations Conference on

Sustainable Development as the prime opportunity for the world community to

reaffirm the role of all key segments of humanity, including indigenous peoples, and

to strengthen their roles in achieving sustainable development, in particular in a

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world threatened by climate change. Indigenous peoples, as rights holders and

ecosystem managers, have made major contributions to sound environmental

governance at all levels: local, subnational, national, regional and global. The

challenge lies in mainstreaming these knowledge systems, innovations and

practices, which Agenda 214 calls “traditional scientific knowledge”, for all of

humanity, with the consent of indigenous peoples and in a spirit of partnership. The

modalities for Rio+20, its preparatory phases and its follow-up mechanisms and

processes must respect the rights of indigenous peoples, including those

acknowledged in the United Nations Declaration on the Rights of Indigenous

Peoples.

133. The Permanent Forum recalls the Kari-Oca Declaration (1992), the Kimberley

Declaration and the Indigenous Peoples Plan of Implementation for Sustainable

Development (2002) as important policy statements by indigenous peoples on

sustainable development which are to be taken into consideration for the outcome

document of Rio+20.

134. The Permanent Forum calls upon Member States to ensure equal, direct,

meaningful and substantive indigenous participation at Rio+20 by including

indigenous peoples’ representatives in official delegations to the conference and in

the preparatory regional implementation meetings, including those to be held at:

• Economic Commission for Latin America and the Caribbean, 7-9 September

2011, Santiago (Latin America and Caribbean region)

• Economic Commission for Africa and partners, 10-14 October 2011, Addis

Ababa (Africa region)

• Economic

and Social Commission for Western Asia and partners,

18-20 October 2011, Cairo (Arab region)

• Economic and Social Commission for Asia and the Pacific, 19 and 20 October

2011, Seoul (Asia-Pacific region)

• Economic Commission for Europe,

1 and 2 December 2011, Geneva

(European region)

135. The Permanent Forum welcomes the initiative of indigenous organizations to

hold a preparatory meeting on Rio+20 in Manaus, Brazil, from 11 to 13 August

2011, and calls on United Nations agencies, especially the Division for Sustainable

Development of the Department of Economic and Social Affairs, the United Nations

Environment Programme, non-governmental organizations and donors, to support the participation of indigenous peoples, including indigenous women and young leaders, in that process.

136. The Permanent Forum recommends that the Department of Public Information secure and fund indigenous peoples’ participation in the 64th Annual United Nations Department of Public Information Non-Governmental Organizations Conference, to be held in Bonn from 3 to 5 September 2011 on the theme “Sustainable societies; responsive citizens” as an important preparatory event for Rio+20.

4

Report of the United Nations Conference on Environment and Development, Rio de Janeiro, 3-14 June 1992, vol. I: Resolutions Adopted by the Conference, resolution 1,annex II (United Nations publication, Sales No. E.93.I.8 and corrigenda).

Chapter II Venue, dates and proceedings of the session

137. By its decision 2010/249, 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.

138. At its 2nd to 4th meetings, on 16 and 17 May 2011, the Permanent Forum considered, under agenda item 3, “Follow-up to the recommendations of the Permanent Forum: (a) Economic and social development; (b) Environment; (c) Free, prior and informed consent”. For its consideration of the item, the Forum had before it the documents entitled “Report of the International Expert Group Meeting on Indigenous Peoples and Forests” (E/C.19/2011/5), “Information from States on addressing the recommendations of the Permanent Forum on Indigenous Issues” (E/C.19/2011/8), “Report of the international technical expert meeting on the theme ‘Keeping track: indicators, mechanisms and data for assessing the implementation of indigenous peoples’ rights’” (E/C.19/2011/11), “Study on indigenous peoples and corporations to examine existing mechanisms and policies related to corporations and indigenous peoples and to identify good practices” (E/C.19/2011/12) and “Analysis prepared by the secretariat of the United Nations Permanent Forum on Indigenous Issues: economic and social development, the environment and free, prior and informed consent” (E/C.19/2011/13). At its 15th and 16th meetings, on 27 May 2011, the Forum considered and adopted its recommendations submitted under agenda item 3 (see chapter I, section B).

139. At its 5th to 7th and 13th meetings, on 18, 19 and 25 May, 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 rights of indigenous peoples and other United Nations human rights mechanisms”. For its consideration of the item, the Forum had before it the reports entitled “Response to comments made by some Member States on the annex to the report of the Permanent Forum on its eighth session (E/2009/43E/C.19/2009/14) at the general segment of the substantive session of the Economic and Social Council, in July 2009” (E/C.19/2011/2) and “Situation of indigenous peoples in danger of extinction in Colombia” (E/C.19/2011/3). At its 15th and 16th meetings, on 27 May 2011, the Forum considered and adopted its recommendations submitted under agenda item 4 (see chapter I, section B).

140. At its 8th meeting, on 20 May, the Permanent Forum considered agenda item 5, “Half-day discussion on Central and South America and the Caribbean”. At its 15th and 16th meetings, on 27 May, the Forum considered and adopted its recommendations submitted under agenda item 5 (see chapter I, section B).

141. At its 9th and 14th meetings, on 23 and 26 May, the Forum considered agenda item 6, “Comprehensive dialogue with United Nations agencies and funds”, during which there was a dialogue with UNICEF. For its consideration of the item, the Forum had before it reports submitted by UNICEF (E/C.19/2011/7) and the United Nations system and other intergovernmental organizations (E/C.19/2011/9), and the report on the annual meeting of the Inter-Agency Support Group on Indigenous Peoples’ Issues (E/C.19/2011/10). At its 15th and 16th meetings, on 27 May 2011, the Forum considered and adopted its recommendations submitted under agenda item 6 (see chapter I, section B).

142. At its 11th meeting, on 24 May, the Forum considered agenda item 7, “Halfday discussion on the right to water and indigenous peoples”. At its 15th and 16th meetings, on 27 May, the Forum considered and adopted its recommendations submitted under agenda item 7 (see chapter I, section B).

143. At its 10th, 12th and 13th meetings, on 23 and 25 May, the Forum considered agenda item 8, “Future work of the Permanent Forum, including issues of the Economic and Social Council and emerging issues”. For its consideration of the item, the Forum had before it reports submitted by the Special Rapporteur on the rights of indigenous peoples entitled “Study on international criminal law and the judicial defence of indigenous peoples’ rights” (E/C.19/2011/4) and “Study on the status of implementation of the Chittagong Hill Tracts Accord of 1997” (E/C.19/2011/6). At its 15th and 16th meetings, on 27 May, the Forum considered and adopted a draft decision and its recommendations submitted under agenda item 8 (see chapter I, sections A and B).

144. At its 14th meeting, on 26 May, the Forum considered agenda item 9, “Draft agenda for the eleventh session of the Permanent Forum”. At its 15th and 16th meetings, on 27 May, the Forum considered and adopted a draft decision submitted under agenda item 9 (see chapter I, section A).

Chapter III

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

145. At the 15th and 16th meetings, on 27 May, the Rapporteur introduced the draft decisions and recommendations and the draft report of the Permanent Forum on its tenth session.

146. At the 16th meeting, the Secretary read out a statement of the programme budget implications of the draft decisions and recommendations.

147. At its 16th meeting, on 27 May, the Permanent Forum adopted its draft report.

Chapter IV Organization of the session

A. Opening and duration of the session

148. The Permanent Forum held its tenth session at United Nations Headquarters from 16 to 27 May 2011. It held 16 formal meetings and 4 closed meetings to consider the items on its agenda.

149. At the 1st meeting, on 16 May, the session was opened by the Under-Secretary-General for Economic and Social Affairs. At the opening ceremony, Tododaho Sid Hill, of the Onondaga Nation, delivered a welcoming address. The Secretary-General made a statement.

150. At the same meeting, statements were made by the Under-Secretary-General for Economic and Social Affairs, the Chair of the Permanent Forum, the Senior Policy Adviser for Native American Affairs of the White House Domestic Policy Council of the United States of America, and the Associate Administrator of UNDP.

B. Attendance

151. Members of the Forum and representatives of Governments, intergovernmental organizations and bodies, United Nations entities, and non-governmental and indigenous organizations attended the session. The list of participants is contained in document E/C.19/2011/INF/1.

C. Election of officers

152. At its 1st meeting, on 16 May, the Forum elected the following members of the Bureau by acclamation:

Chair:

Mirna Cunningham

Vice-Chairs:

Dalee Sambo Dorough

Edward John

Eva Biaudet

Paul Kanyinke Sena

Rapporteur: Paimaneh Hasteh

D. Agenda

153. At its 1st meeting, on 16 May, the Forum adopted the provisional agenda, as orally revised, as contained in document E/C.19/2011/1/Rev.1.

E. Documentation

154. A list of the documents before the Forum at its tenth session is contained in document E/C.19/2011/INF/2. 

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