E/2007/43
E/C.19/2007/12
16. The Permanent Forum endorses the conclusions and recommendations of the
second Expert Seminar on Treaties, Agreements and Constructive Arrangements
hosted by OHCHR and the Maskwacîs Cree First Nations in Treaty 6 Territory, held
in Hobbema, Canada, from 14 to 17 November 2006.
17. The Permanent Forum recognizes that past and present generations of
indigenous peoples have been disproportionately affected by international nuclear
and power industries. The nuclear fuel chain, which has poisoned indigenous
peoples and their lands and waters, threatens the existence of future generations, and
nuclear energy development and international agreements often violate indigenous
peoples’ rights and endanger their cultures and physical and spiritual well-being.
18. The Permanent Forum believes that there are clear linkages between lands,
territories and natural resources and the protection of traditional knowledge and
traditional cultural expressions against misappropriation and misuse, and stresses
the widely shared perspective that they cannot be discussed in isolation.
19. The Permanent Forum encourages analysis by States, the specialized agencies,
academics, indigenous peoples and their organizations of the implementation of
free, prior and informed consent principles and mechanisms regarding projects on
indigenous lands and territories, and encourages them to submit such analyses to the
Permanent Forum for consolidation and to identify good practices and barriers.
20. The Permanent Forum recommends that information be coordinated within
State ministries and United Nations agencies that have responsibilities and mandates
relating to indigenous peoples’ access to lands, territories and natural resources.
21. The Permanent Forum recommends that all States Parties to International
Labour Organization (ILO) Convention No. 169 implement it by training their
leading public officials/civil servants to respect and fulfil its provisions. It is crucial
that indigenous peoples be fully informed of the consequences of the use and
exploitation of natural resources in their lands and territories through consultations,
under the principle of free, prior and informed consent, with indigenous peoples
concerned. Through free, prior and informed consent, future conflicts can be
avoided and the full participation of indigenous peoples in consultation
mechanisms, environmental impact assessments and sociocultural impact
assessments can be ensured.
22. The Permanent Forum recommends that States take effective measures to halt
land alienation in indigenous territories, for example, through a moratorium on the
sale and registration of land, including the granting of land and other concessions in
areas occupied by indigenous peoples, and also to assist indigenous communities,
where appropriate, to register as legal entities.
23. The Permanent Forum recommends that States, in consultation with the
indigenous peoples concerned, provide financial and technical assistance for
indigenous peoples to map the boundaries of their communal lands, finalize legal
and policy frameworks for the registration of collective titles, as a matter of
urgency, and support indigenous peoples in preparing their claims for collective
title.
24. The Permanent Forum notes the initiative of the International Organization for
Migration (IOM) in providing legal and technical advice and implementation
services in the area of property restitution and compensation to States and
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