E/2021/43
E/C.19/2021/10
system and inadequate access to redress and reparation, are among the key challenges
faced by indigenous peoples around the world. Strengthened support for indigenous
justice systems is key to promoting human rights, the rule of law, the achievement of
justice for all and the promotion of effective, accountable and inclusive institutions,
as set out in Goal 16.
20. The Permanent Forum is dismayed by continuing disproportionately high rates
of incarceration of indigenous individuals, especially indigenous men, in many
countries around the world. Even more troubling are the accounts of all too many
deaths in custody.
21. With few commendable exceptions, indigenous peoples have been neglected in
large part in the contingency measures of government authorities in response to the
coronavirus disease (COVID-19) pandemic. As a result, their needs and requirements
are not taken adequately into account or addressed by national programmes and
policies. The Permanent Forum agrees with the United Nations Special Rapporteur
on the rights of indigenous peoples that effective responses to the pandemic and
recovery measures need to be a collaborative effort between indigenous institutions and
State institutions. Combining indigenous knowledge of what is best for indigenous
communities with State services and financial support will ensure effective outcomes.
22. The Permanent Forum underlines that necessary response measures to
epidemics or pandemics can never justify the repression of the exercise of human
rights and fundamental freedoms, including freedom of expression and assembly in
the context of legitimate protests in the defence of lands, territories, resources and the
environment.
23. The Permanent Forum welcomes national engagement of the Expert Mechanism
on the Rights of Indigenous Peoples with Brazil, Finland, Mexico, New Zealand and
Sweden on projects related to, among others, the development of national action plans
for the implementation of indigenous peoples’ rights, processes related to land
demarcation and land titling, and facilitating the repatriation of sacred ceremonial
objects. The Forum highlights the agreement facilitated by the Expert Mechanism
among the Museum of World Culture in Sweden, the Yaqui people in Mexico and the
United States of America on the repatriation of the Maaso Kova as a commendable
best practice. The Forum encourages States and indigenous peoples to build on the
successful country engagement practices and avail themselves of the Expert
Mechanism’s unique analytical capacity and potential to support dialogue between
indigenous peoples and Governments.
24. The Permanent Forum is concerned by the high number of indigenous children
being removed from their families and placed into public social care, in particular in
developed countries. In this regard, the Forum noted with satisfaction the Expert
Mechanism’s engagement on the rights of the indigenous children. The report of the
Expert Mechanism on the indigenous child will be discussed at its forthcoming
session, in July 2021.
25. The Permanent Forum expresses its grave concern about the lack of observance
and implementation of indigenous peoples’ rights, as enshrined in the Indigenous and
Tribal Peoples Convention, 1989 (No. 169), the American Declaration on the Rights
of Indigenous Peoples and the United Nations Declaration on the Rights of Indigenous
Peoples. This underscores the need for more awareness-raising and capacity-building
regarding indigenous peoples’ rights, not only for indigenous peoples themselves, but
also for government and justice officials, as well as for private sector actors and civil
society at large. In this regard, the Forum welcomes the e-learning course on indigenous
peoples’ rights developed by the Office of the United Nations High Commissioner for
Human Rights (OHCHR), with the support of the Expert Mechanism and United
8/29
21-06102