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United Nations system and indigenous peoples themselves. The Forum expresses
concern that most of those recommendations are yet to be implemented. At the same
time, it appreciates the positive steps and developments in addressing the issues of
indigenous peoples in Asia. These include the legal recognition of the Ainu as the
indigenous people of Japan, the decision of the Constitutional Court of Indones ia
recognizing the customary rights of indigenous peoples with regard to forests and
the increased engagement and partnerships of national human rights institutions and
agencies of the United Nations system with indigenous organizations and
institutions.
20. The Permanent Forum is also concerned by the increasing adverse impacts of
climate change and by mitigation and adaptation measures such as large
hydroelectric dams, nuclear power plants, biofuel plantations, windmills and
geothermal plants, which are being built in indigenous territories without the free,
prior and informed consent or the full and effective participation of indigenous
peoples. Likewise, the economic investment plan of the Association of Southeast
Asian Nations (ASEAN) does not take into account the overall well-being and rights
of indigenous peoples. Instead of recognizing the human rights of indigenous
peoples within the region, existing unsustainable development practices coupled
with the ASEAN free trade agreements that are due to co me into effect in 2015 will
only serve to further marginalize indigenous peoples.
21. The Permanent Forum recommends that States establish mechanisms and
processes for consistent dialogues and consultations with indigenous peoples in their
countries on ways and means to foster better relationships and to enable indigenous
peoples to exercise fully their civil, political, economic, social and cultural rights, in
addition to other individual and collective human rights.
22. The Permanent Forum recommends that States immediately begin the process
of demarcation of indigenous peoples’ lands and territories in accordance with
customary laws and the norms reflected in the United Nations Declaration on the
Rights of Indigenous Peoples, with a view to further prot ecting indigenous peoples’
lands and resources from expropriation, exploitation and designation as
conservation areas or national parks without the free, prior and informed consent of
indigenous peoples, as set out in articles 19, 26 and 27 of the Declarat ion.
23. The Permanent Forum recommends that States ensure that the territories of
indigenous peoples in Asia be free of State military interventions and that military
bases, camps and training centres established in indigenous territories without the
free, prior and informed consent of indigenous peoples be removed immediately,
consistent with articles 19 and 30 of the Declaration.
24. The Permanent Forum recommends that States ensure access to justice for
indigenous peoples, including indigenous women, through formal justice
institutions, national human rights institutions and other forms of redress or
recourse, all while taking into account indigenous peoples’ customary laws,
institutions and processes, consistent with articles 21, 22 and 34 of the Dec laration.
25. The Permanent Forum recommends that the ASEAN Intergovernmental
Commission on Human Rights recognize the human rights of indigenous peoples in
the ASEAN declaration on human rights and establish a working group on
indigenous peoples. In addition, the Forum urges the South Asian Association for
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