E/2018/43
E/C.19/2018/11
5.
The United Nations Declaration on the Rights of Indigenous Peoples recognizes
the right of indigenous peoples to self-determination (arts. 3–4), their collective rights
to own and control their lands and resources (arts. 25–27), their right to free, prior
and informed consent in relation to legislation, measures and projects that may have
an impact on their rights (arts. 10–11, 19, 28–29 and 32) and their right to participate
in decision-making processes (arts. 5, 18 and 27). These rights are further enshrined
in the Indigenous and Tribal Peoples Convention, 1989 (No. 169) of the International
Labour Organization and in expanding jurisprudence developed by human rights
treaty bodies, the Inter-American Court of Human Rights and the African Court on
Human and Peoples’ Rights.
6.
Positive developments have been achieved in setting international human rights
standards for the rights of indigenous peoples to lands, territories and resources,
including by regional human rights mechanisms in Africa and the Americas. The
Permanent Forum welcomes those developments, including the recent decision of the
African Court on Human and Peoples’ Rights in the case of the Ogiek community in
Kenya. The Forum encourages indigenous peoples and States to engage further with
regional mechanisms and to implement their decisions effectively.
7.
A number of States have recognized the collective rights of indigenous peoples
to lands, territories and resources through constitutional or legal protection ,
adjudication, constructive agreements with indigenous peoples or administrative
programmes. Countries that have taken steps in that direction include Bolivia
(Plurinational State of), Canada, the Congo, Denmark, Ecuador, Indonesia, New
Zealand (Aotearoa), Norway and the Philippines. In other countries, including
Australia, Colombia and the United States of America, tracts of land and/or territories
have been set aside for collective indigenous control. The Permanent Forum
welcomes this progress, although there remains a wide gap between formal
recognition and actual implementation.
8.
In countries in which such rights are recognized, they are not fully implemented,
or procedures for the implementation of those rights, such as land or resource
mapping, demarcation and titling, have often not been completed, suffer significant
delays or are shelved. The lack of enforcement of laws, as well as contradictory laws
and regulations, frequently results in the de facto denial of the rights accorded to
indigenous peoples. The Permanent Forum commends States for recognizing the
collective rights of indigenous peoples to lands, territories and resources and at the
same time urges them to take immediate steps for the implementation of those rights
through programmes for mapping, titling or other actions and legislative reforms. The
Forum urges States to report to it by its twentieth session on steps taken in that regard.
9.
A majority of States have yet to grant official recognition to indigenous peoples,
let alone their collective rights to lands, territories and resources. The Permanent
Forum expresses its grave concern about the non-recognition of indigenous peoples,
in particular in Africa and Asia, and recommends that States incorporate the United
Nations Declaration on the Rights of Indigenous Peoples into national legislation,
policies and programmes.
10. The Permanent Forum stresses that ensuring the collective rights of indigenous
peoples to lands, territories and resources is not only for their well -being, but also for
addressing some of the most pressing global challenges, such as climate change and
environmental degradation. Advancing those rights is an effective w ay to protect
critical ecosystems, waterways and biological diversity.
11. The Permanent Forum emphasizes that achieving the Sustainable Development
Goals is not possible without fulfilling the rights of indigenous peoples to lands,
territories and resources. The Forum thus calls upon States to include the recognition
of customary rights or tenure of indigenous peoples to their lands and resources under
6/26
18-07701