E/2016/43
E/C.19/2016/11
20. The Permanent Forum welcomes the initiation of a national dialogue to
discuss and achieve key constitutional reforms in the field of justice in Guatemala,
and encourages the recognition of indigenous justice systems. The Forum urges
Guatemala and the private sector, in addition to the World Bank and other
international economic institutions, to acknowledge that serious efforts require
structural economic and social reforms rather than rapid growth of gross domestic
product in order to reverse widespread and growing poverty among the indigenous
peoples of Guatemala. Such crucial reforms must ensure more equitable distribution
and access to traditional lands for the indigenous peoples of Guatemala, consistent
with the rights affirmed in the United Nations Declaration, and on the basis of
respect for and legal recognition of their collective rights, including their self determined development. Furthermore, the Forum calls upon Guatemala to reinforce
the effective and full implementation of the Peace Accords.
21. In accordance with international law, the Permanent Forum recommends that
all States members of the Organization of American States recognize and respect
that the United Nations Declaration constitutes the minimum standards for the
survival, dignity and well-being of indigenous peoples of the world, and requests
them to ensure that the draft American declaration on the rights of indigenous
peoples is consistent with or exceeds the standards affirmed in the United Nations
Declaration.
22. The Permanent Forum calls upon States to support the activities of
representative institutions of indigenous peoples and to avoid any practice of
limitation of such activities. The Forum urges all States to enable the functioning of
indigenous peoples’ institutions, in accordance with articles 5, 18 and 19 of the
United Nations Declaration, as well as its spirit and intent.
23. The Permanent Forum acknowledges the contributions of national human
rights institutions in the promotion and protection of human rights, includin g the
rights of indigenous peoples, and welcomes their participation in future sessions of
the Forum.
24. The Permanent Forum welcomes the Alternative Communication and
Information Caucus of Indigenous Peoples and its work on public education through
dissemination of information, especially through community radio, on the United
Nations Declaration and the system-wide action plan on achieving the ends of the
Declaration.
25. The Permanent Forum remains concerned about the many indigenous peoples
across the world, in particular in Africa and Asia, who lack legal and political
recognition as indigenous peoples or even face the denial of their existence as
indigenous peoples. Such denial of status and existence as indigenous peoples
results in the violation of their human rights, as affirmed in the United Nations
Declaration, the Indigenous and Tribal Peoples Convention, 1989 (No. 169), of the
International Labour Organization (ILO) and other international human rights
instruments, including the right to self-determination, culture, lands, territories and
resources, traditional economies, free, prior and informed consent and redress,
reparations and recourse.
26. Considering the calls by the Sami of Finland and the indigenous peoples of
Canada, among others, the Permanent Forum respectfully requests that all Member
States that have not done so take action to ratify ILO Convention No. 169.
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