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Addressee: Member States; UN entities
Paragraph Number: 24
Session: 22 (2023)
Area of Work: Free, Prior and Informed Consent (FPIC)
Addressee: Nepal
Paragraph Number: 95
Session: 17 (2018)
Full Text:
The Permanent Forum expresses appreciation for Nepal being the only Asian country to ratify the Indigenous and Tribal Peoples Convention, 1989 (No. 169), in 2007. Nevertheless, it is concerning that, even 10 years after ratification, the Government has not adopted a national action plan to implement the Convention. The Forum recommends that Nepal immediately adopt a national action plan, including in line with its commitment in the outcome document of the World Conference on Indigenous Peoples. The Forum urges other Asian States to consider ratifying the Convention as per the recommendations made by treaty bodies and in the universal periodic review.
Area of Work: National Action Plans, implementation
Addressee: ILO, IOM
Paragraph Number: 89
Session: 18 (2019)
Full Text:
The Permanent Forum expresses concern regarding indigenous young people in situations in which they are increasingly migrating from their communities because of poverty, lack of economic opportunities and climate change. With a focus on Sustainable Development Goal 8, the Forum encourages ILO and IOM, in cooperation with indigenous peoples, to conduct a study, by 2021, on good practices on, opportunities for and challenges in generating culturally appropriate, decent work for indigenous young people. The study should inform the development of programmes and initiatives for indigenous youth employment, both in their communities and in the context of migration.
Area of Work: Migration, 2030 Agenda
Addressee: UN Human Rights Council
Paragraph Number: 22
Session: 21 (2022)
Full Text:
The Permanent Forum recalls that, to ensure effective implementation, the Guiding Principles on Business and Human Rights must be aligned with the United Nations Declaration on the Rights of Indigenous Peoples, the Indigenous and Tribal Peoples Convention, 1989 (No. 169), of ILO, the Regional Agreement on Access to Information, Public Participation and Justice in Environmental Matters in Latin America and the Caribbean, known as the Escazú Agreement, and the jurisprudence of the human rights treaty bodies. Furthermore, the Permanent Forum recognizes the work of the Human Rights Council to develop an international legally binding instrument to regulate, in international human rights law, the activities of transnational corporations and other business enterprises. In that respect, the Permanent Forum stresses the need to ensure that the new instrument affirms indigenous peoples’ rights, including with regard to free, prior and informed consent. The Permanent Forum recommends that this instrument explicitly define due diligence processes and their specific methods of implementation. Therefore, the Permanent Forum underlines the importance of full and effective participation by indigenous peoples throughout the development of the instrument.
Area of Work: Human rights, Free, Prior and Informed Consent (FPIC)
Addressee: Member States
Paragraph Number: 82
Session: 22 (2023)
Full Text:
The Permanent Forum welcomes the report on the study on implementing free, prior and informed consent in the context of Indigenous Peoples (E/C.19/2023/6), presented at its twenty-second session by a former member of the Permanent Forum, Alexey Tsykarev. The Permanent Forum agrees with the recommendation in the study that Member States and businesses treat Indigenous Peoples as rights holders and work collaboratively with Indigenous Peoples to design effective models for ensuring that free, prior and informed consent is honoured. It urges States, with the full and effective participation of Indigenous Peoples, to develop national standards to ensure free, prior and informed consent for all development activities by private and public companies.
Area of Work: Free, Prior and Informed Consent (FPIC)
Addressee: ECOSOC, UNGA
Paragraph Number: 60
Session: 18 (2019)
Full Text:
The Permanent Forum recommends that the Economic and Social Council and the General Assembly ensure the meaningful participation of indigenous peoples and the Forum at the meetings of the 2019 high-level political forum on sustainable development, to be convened under the auspices of the Council and the Assembly in July and September 2019, respectively. The Forum stresses that the contributions of indigenous peoples to the implementation of the 2030 Agenda should be adequately reflected in the outcome document of the high-level political forums convened under the auspices of the Council and of the Assembly.
Area of Work: 2030 Agenda, HLPF
Addressee: UN System
Paragraph Number: 70
Session: 16 (2017)
Full Text:
In accordance with the outcome document of the high-level plenary meeting of the General Assembly known as the World Conference on Indigenous Peoples and the system-wide action plan, all funds, programmes and specialized agencies are urged to adopt policies to inform their work with indigenous peoples that include indigenous peoples’ right to self-determination and free, prior and informed consent. Progress achieved will be discussed at future sessions of the Permanent Forum.
Area of Work: Free, Prior and Informed Consent (FPIC)
Addressee: UN entities
Paragraph Number: 98
Session: 21 (2022)
Full Text:
The Permanent Forum calls on United Nations entities to elevate the discussion on indigenous peoples to the highest possible governance level of their entities in order to ensure system-wide ownership and support for indigenous peoples’ rights. It encourages the focal points of United Nations entities to facilitate the commencement of dialogues between the Permanent Forum and the heads of the entities. The objective of such dialogues could include reviews of the entities’ internal policies and safeguards guaranteeing the right to self-determination of indigenous peoples, respect for their free, prior and informed consent and due diligence in accordance with the United Nations Declaration on the Rights of Indigenous Peoples and other relevant international standards by the end of 2022
Area of Work: Free, Prior and Informed Consent (FPIC)
Addressee: Member States
Paragraph Number: 8
Session: 17 (2018)
Full Text:
The Permanent Forum commends States for recognizing the collective rights of indigenous peoples to lands, territories and resources and at the same time urges them to take immediate steps for the implementation of those rights through programmes for mapping, titling or other actions and legislative reforms. The Forum urges States to report to it by its twentieth session on steps taken in that regard.
Area of Work: Lands and Resources, implementation
Addressee: UN agencies funds and programmes, IASG
Paragraph Number: 37
Session: 17 (2018)
Full Text:
The Permanent Forum recommends that United Nations entities, including the Inter-Agency Support Group on Indigenous Peoples’ Issues, take effective measures to support the promotion of indigenous languages and the successful implementation of the goals and objectives of the International Year, including in activities related to the implementation of the 2030 Agenda for Sustainable Development, the systemwide action plan on the rights of indigenous peoples, the celebration of international days and other processes.
Area of Work: Indigenous Languages, 2030 Agenda, Sustainable Development Goals (SDGs)
Addressee: UN entities
Paragraph Number: 92
Session: 18 (2019)
Full Text:
With a view to assessing the effectiveness of the implementation of policies on indigenous peoples, the Permanent Forum recommends to the United Nations entities that carry out free, prior and informed consent processes to develop a system for comprehensively documenting these processes.
Area of Work: Methods of Work, Free, Prior and Informed Consent (FPIC)
Addressee: Member States
Paragraph Number: 58
Session: 22 (2023)
Full Text:
Transnational and national extractive industries, at best, consistently disregard their responsibility to respect Indigenous Peoples’ rights and to engage in free, prior and informed consent processes. At worst, their practices and behaviours contribute to serious human rights abuses. The Permanent Forum recommends that Member States, as duty bearers, ensure that private sector entities respect Indigenous Peoples’ rights through safeguard and due diligence policies. It further recommends that Member States ensure the application of the Guiding Principles on Business and Human Rights: Implementing the United Nations “Protect, Respect and Remedy” Framework and the Guidelines for Multinational Enterprises of the Organisation for Economic Co-operation and Development. The Permanent Forum welcomes the ongoing international efforts to develop legally binding instruments that ensure accountability and due diligence by transnational companies. The reflection of the United Nations Declaration on the Rights of Indigenous Peoples in such instruments is essential.
Area of Work: Free, Prior and Informed Consent (FPIC)
