E/2010/43
E/C.19/2010/15
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.
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