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The Forum held its eighth session at the UN Headquarters in New York from 18 to 30 May 2009 with input from over 2,000 indigenous representatives and some 35 UN system bodies and other intergovernmental organizations. For the first time since its establishment, the Forum undertook a review session this year to assess progress in the advancement of indigenous peoples rights, focusing on developments and implementation of previous Forum recommendations in economic and social development, indigenous women, and the Second International Decade of the World’s Indigenous Peoples.
With its new mandate of promoting respect for and full application of the DRIP (the Forum is highlighted in Article 42 of the DRIP as one of the UN bodies that shall promote respect for and full application of the provisions of the DRIP and follow up on its effectiveness), the implementation of this historic document also made up a central part of discussions during the eighth session.
Generally, statements made at the Forum called attention to some familiar themes regarding the need for increased participation of indigenous peoples in all decision-making processes which affect them, respect for their right to free, prior and informed consent, respect for traditional knowledge and languages and capacity building. This emphasis was especially prominent in the context of issues regarding extractive industries and adaptation to climate change; areas which have been top concerns for indigenous peoples for years and issues which are addressed specifically in the DRIP.
The Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous people, Mr. James Anaya also presented his findings on the situation of the rights of indigenous peoples worldwide and the work he had done to help Member states implement the DRIP. While he described an overwhelming number of cases in which the rights of indigenous peoples were violated, he was able to share some positive developments as well. Over the course of this past year, he counseled the governments of Ecuador and Chile on how to incorporate the provisions of the Declaration into their respective constitutions through national legislation, as well as aided the government of Suriname in the drafting of a law on indigenous land and resources.
The need to improve mainstreaming of indigenous issues and the DRIP into the mandate of key UN agencies spurred yet another new element to the Forum this year. The new in-depth dialogue with six key UN Agencies included presentations from the Office of the High Commissioner for Human Rights (OHCHR), the Food and Agriculture Organization (FAO), the International Fund for Agricultural Development (IFAD),the United Nations Development Programme (UNDP), the United Nations Population Fund (UNFPA), and the Department of Economic and Social Affairs (DESA) of the UN Secretariat. It was the first time many of the Forum’s participants were presented with the opportunity to directly address these agencies, which often play crucial roles in decision making and strategic planning for the development of the world’s indigenous peoples, Raising awareness of and sensitivity to indigenous issues among UN agency workers, making agencies more accessible and enabling increased indigenous participation in UN strategic planning were some of the main issues raised by indigenous representatives through this dialogue. As Forum member and President of the Sami Parliament in Sweden, Lars Anders-Baer noted, this new element also provided a great opportunity for Forum participants “understand the structures they are interacting within their home countries.” Another active Forum participant, Mr. Les Malezer of The Foundation for Aboriginal and Islander Research Action (FAIRA), welcomed the dialogues but expressed concern that there was not enough time for participants to interact with the agencies, and that the rotational system of the agencies coming to the Forum each year would make it difficult to hold agencies accountable from one year to the next – an area that could be improved upon.
The Forum also allocated a special segment to the Arctic, continuing its tradition of highlighting a specific region of the world at each session. For the first time, a representative of the Secretary-General’s Special Representative on the issue of human rights and transnational corporations and other business enterprises addressed the Forum, and discussed his proposed policy framework to advance the business and human rights agenda.
At the end of the eighth session, the Forum adopted recommendations relating to many of the issues discussed during the session. In its text on human rights, States were invited to substantively inform the Forum – and also human rights treaty bodies and the Human Rights Council’s universal periodic review -- about DRIP’s implementation and effectiveness at the local and national level. The Forum also recommended that DRIP be integrated into the policies, projects and strategies of UN agencies, funds and programmes, and the African Commission on Human and Peoples’ Rights, and adopted its first general comment, aimed at giving effect to the Declaration’s article 42.
More information on the session will soon be available in ISHR’s report on the eight session.
In 2007, after over 20 years of negotiations and political struggles,
indigenous peoples from all over the world saw the General Assembly
adopt the UN Declaration on the Rights of Indigenous Peoples (DRIP).
The attainment of this long-held goal was aided by the existence of the
Permanent Forum on Indigenous Issues, which has served as a platform
for the voices of indigenous peoples at the UN since 2002.
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