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44. The Permanent Forum notes the formal acceptance by the Government of
Australia of a country visit by the Expert Mechanism on the Rights of Indigenous
Peoples under their country engagement mandate, as requested by the Noongar
Family Safety and Wellbeing Council in Western Australia.
45. The Permanent Forum reiterates the importance of the legal recognition of
indigenous peoples within national constitutions. The Permanent Forum takes note of
the position expressed by the Government of Chile on the recognition of indigenous
peoples. The Permanent Forum invites Chile to provide an update on progres s at the
twenty-second session of the Permanent Forum, to be held in 2023. Furthermore, the
Permanent Forum supports the call from indigenous peoples of Australia at the
meeting held in Uluru in 2017 for a process on the three core components of the Uluru
Statement from the Heart – “Voice, Treaty and Truth” – and constitutional recognition
of indigenous rights consistent with the United Nations Declaration on the Rights of
Indigenous Peoples.
46. The Permanent Forum decided to create a virtual working group on truth,
reconciliation and transitional justice, including in post-conflict areas, for lasting
peace that respects the rights of indigenous peoples, promoting the full and effective
inclusion of indigenous peoples, including indigenous women. The working group is
comprised of members of three United Nations indigenous mechanisms, indigenous
peoples, academia and civil society, as well as representatives of transitional justice
and reconciliation mechanisms.
47. The Permanent Forum welcomes the first meeting of Escazú Agreement. The
Escazú Agreement is the first instrument that includes provisions on the protection of
human rights defenders in environmental matters. The Permanent Forum urges States
parties to ensure implementation of the Agreement and invites them to establish
mechanisms for the full and effective participation of indigenous peoples in the work
thereof. The Permanent Forum reiterates its invitation to countries that have not yet
signed or ratified the Agreement to do so.
48. The Permanent Forum regrets the continuous killings, violence and harassment
targeted at indigenous human rights defenders, including indigenous women, in the
context of resisting mining and infrastructure projects and other such developments.
The Permanent Forum therefore invites Member States to honour their human rights
obligations. In this regard, the Permanent Forum welcomes General Assembly
resolution 76/148 on the rights of indigenous peoples, in which States are urged to
take necessary measures to ensure the rights, protection and safety of indigenous
peoples, including indigenous leaders and indigenous human rights defenders, and to
ensure that perpetrators are held accountable and that access to justice and reme dy is
guaranteed.
49. The Permanent Forum regrets the very high incarceration rates of indigenous
peoples globally, which contributes to poor health, poverty and untimely death,
including in indigenous families and communities. States are reminded of their
obligations under the International Covenant on Civil and Political Rights, the
International Convention on the Elimination of All Forms of Racial Discrimination
and the Convention against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment, and should therefore address this issue urgently by
reducing the incarceration and eliminating the cruel, inhuman and degrading
treatment or punishment of indigenous peoples by justice systems.
50. The Permanent Forum recommends that the United States of America grant
clemency to Leonard Peltier, who has been imprisoned since 1977 and is now an
elderly person.
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