E/2007/43
E/C.19/2007/12
fundamental freedoms of indigenous people, representatives of the Asian
Development Bank, the International Fund for Agricultural Development (IFAD),
UNFPA, ILO and the Asian Indigenous Peoples’ Caucus.
98.
The Permanent Forum recommends that Asian States:
(a) Adopt the United Nations Declaration on the Rights of Indigenous
Peoples, as adopted by the Human Rights Council on 29 June 2006, before the end
of the sixty-first session of the General Assembly;
(b) Recognize indigenous peoples constitutionally and legally as peoples,
promote legal reform, in particular with regard to the recognition of indigenous
peoples’ collective land rights and their customary laws and institutions, which
promote diversity and pluralism;
(c) Adopt laws regulating the activities of investors and mitigating the
negative impact of economic liberalization on the territories of indigenous peoples;
(d) Have national laws in conformity with relevant international norms and
standards;
(e) Establish land commissions or mechanisms that address violations of
indigenous peoples’ land rights, facilitate the restitution of alienated land and settle
disputes;
(f) Establish full transparency regarding projects on indigenous territories by
States and corporations, through the implementation of the principles of free, prior
and informed consent, in accordance with customary laws and practices of the
respective indigenous peoples;
(g) Abandon transmigration policies and programmes and prevent illegal
migration to indigenous territories.
99. The Permanent Forum calls on the European Commission, United Nations
agencies, the World Bank Group, the Asian Development Bank, bilateral
development agencies, export credit agencies and international and regional
financial institutions, such as the Japan Bank for International Cooperation, to
review, strengthen and implement their policies with regard to indigenous peoples in
general, and indigenous peoples in Asia in particular, and to use the United Nations
Declaration on the Rights of Indigenous Peoples,1 as a framework for reference.
100. The Permanent Forum recommends that national human rights institutions and
commissions address indigenous peoples’ issues and include indigenous experts as
members of such bodies.
101. The Permanent Forum recommends that United Nations country teams in
Asian countries with indigenous populations, in cooperation with indigenous
peoples, formulate a matrix of indicators, benchmarks and milestones to assess the
outcomes and results of their policies and programmes relevant to indigenous
peoples. Furthermore, the Permanent Forum recommends that United Nations
agencies and donor agencies expand their funding and technical assistance to
support capacity-building of Asian indigenous peoples’ organizations.
102. The Permanent Forum calls upon the member States of the Association of
Southeast Asian Nations (ASEAN) and the South Asian Association for Regional
Cooperation (SAARC) to recognize the collective rights of indigenous peoples, and
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