E/2022/43 E/C.19/2022/11 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. 22-07676 11/27

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