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Addressee: Australia
Paragraph Number: 62
Session: 22 (2023)
Full Text:
The Permanent Forum was presented with horrific testimonies of Indigenous children incarcerated in prisons and other holding facilities. The Permanent Forum reminds Member States to fulfil their obligations under the Convention on the Rights of the Child in relation to the arrest, detention, or imprisonment of a child. No child should be in prison. In that regard, the Permanent Forum notes the finding in 2022 of the Supreme Court of Western Australia that the extensive solitary confinement and significant reduction in liberty of children, primarily Aboriginal children, was unlawful. The Permanent Forum calls upon Australia to respect the Court decision and remove its reservation to article 37 of the Convention on the Rights of the Child. The Permanent Forum recommends that Member States review and reform their child protection policies and systems to prevent undue removal of Indigenous children from their families and communities.
Area of Work: Indigenous Children and Youth, Human rights
Addressee: Human Rights Committee
Paragraph Number: 42
Session: 9 (2010)
Full Text:
The Permanent Forum suggests that the Human Rights Committee also interpret the International Covenant on Civil and Political Rights taking into account the provisions of the United Nations Declaration on the Rights of Indigenous Peoples. In particular, the Committee should review its General Comment No. 12 (1984) on the right to self-determination (article 1 of the Covenant) and No. 23 (1994) on the rights of persons belonging to minorities (article 27 of the Covenant) taking into account article 3 and other relevant provisions of the Declaration. In addition, in accordance with the terms of General Comment No. 12, the Committee should request State parties to the Covenant to report on their compliance with their obligations regarding the right of all peoples, including indigenous peoples, to self-determination and related rights. The Committee should request that State parties prepare the relevant sections of their reports on the implementation of the Covenant in consultation and cooperation with indigenous peoples.
Area of Work: Human rights
Addressee: Member States, UN agencies
Paragraph Number: 18
Session: 11 (2012)
Full Text:
The Forum recommends that African States, United Nations agencies and academic institutions undertake studies on the impact of the doctrine of discovery on indigenous peoples of Africa, with a view to creating understanding and awareness.
Area of Work: Human rights
Paragraph Number: 62
Session: 18 (2019)
Full Text:
The Permanent Forum welcomes the study entitled “Free, prior and informed consent: a human rights-based approach” (A/HRC/39/62), prepared by the Expert Mechanism on the Rights of Indigenous Peoples. It encourages Member States, United Nations entities, including the International Labour Organization (ILO) and the World Bank, regional development banks, the private sector, civil society organizations and other stakeholders, to use the study as guidance for understanding the principle of free, prior and informed consent when working on issues of concern to indigenous peoples. The Forum also encourages indigenous peoples to use the study to guide the development of their own community protocols on free, prior and informed consent for engaging with these stakeholders.
Area of Work: Human rights, Economic and Social Development
Addressee: FAO
Paragraph Number: 76
Session: 20 (2021)
Full Text:
The Permanent Forum also welcomes the launching by FAO, during the twenty-seventh session of its Technical Committee on Agriculture, in 2020, of the global hub on indigenous peoples’ food systems. It recommends that FAO continue to facilitate the work of the global hub. In addition, the Permanent Forum welcomes the White/Whipala paper on indigenous peoples’ food systems, which was drafted under the coordination of the global hub, and which has been accepted as one of the scientific papers that will serve to inform constituents at the Summit.
Area of Work: Economic and Social Development
Addressee: United Nations Secretary General
Paragraph Number: 84
Session: 8 (2009)
Full Text:
The Permanent Forum recommends that the Secretary-General provide adequate human and financial resources for the purpose of meeting the requirements of articles 41 and 42 of the Declaration as they apply to the Permanent Forum.
Area of Work: Human rights
Addressee: DPKO
Paragraph Number: 87
Session: 5 (2006)
Full Text:
The Permanent Forum recommends that the Department of Peacekeeping Operations of the United Nations Secretariat collaborate with indigenous peoples’ organizations in investigating violations of indigenous peoples’ human rights committed by United Nations peacekeepers.
Area of Work: Human rights
Addressee: Australia, Colombia
Paragraph Number: 39
Session: 8 (2009)
Full Text:
The Permanent Forum recognizes and commends Australia and Colombia for changing their positions by endorsing the United Nations Declaration on the Rights of Indigenous Peoples, and calls upon the remaining States that are opposed to it, as well as those abstaining, to reverse their positions and endorse the Declaration so as to achieve full consensus.
Area of Work: Human rights
Addressee: Members States
Paragraph Number: 47
Session: 10 (2011)
Full Text:
The Permanent Forum calls upon States, in conjunction with indigenous peoples, to establish national initiatives, programmes and plans of work to implement the Declaration with clear timelines and priorities. States and indigenous peoples should report regularly to their national legislative bodies and to the Forum on the progress and shortcomings in implementing the Declaration.
Area of Work: Human rights
Addressee: DPKO, Regional peacekeeping forces
Paragraph Number: 62
Session: 15 (2016)
Full Text:
Owing to the particular vulnerability of indigenous peoples in conflict situations, the Permanent Forum recommends that the Department of Peacekeeping Operations of the Secretariat and regional peacekeeping forces factor the protection of indigenous peoples into analysis, planning and guidance on the protection of civilians.
Area of Work: Human rights
Addressee: Bangladesh
Paragraph Number: 52
Session: 18 (2019)
Full Text:
The Permanent Forum recalls its previous recommendations on the progress of the implementation of the Chittagong Hill Tracts Peace Accord and calls upon the Government of Bangladesh to take appropriate steps in this regard on an urgent basis. In particular, the Forum urges the Government to frame rules for the Chittagong Hill Tracts Land Disputes Resolution Commission and to generate ethnically disaggregated data, including for the national census of 2021.
Area of Work: Human rights, Conflict Prevention and Peace
Paragraph Number: 13
Session: 8 (2009)
Full Text:
The Permanent Forum supports the work of the Special Representative to urge States to integrate human rights into those areas that most affect business practices, including corporate law, export credit and insurance, investments and trade agreements. The Forum suggests that the Special Representative urge States to ensure that such business practices comply with the relevant provisions of the United Nations Declaration on the Rights of Indigenous Peoples. The Forum urges the Special Representative to incorporate the specific views and distinct perspectives of indigenous peoples on social and economic development. Regarding the Americas, corporations must also comply with therulings of the Inter-American Court of Human Rights, which construe the States’ obligations under International Labour Organization (ILO) Convention (No. 169) concerning Indigenous and Tribal Peoples in Independent Countries with regard to the Declaration as extending even to States that have not ratified the Convention. The Forum recommends that this principle be applied in other jurisdictions.
Area of Work: Economic and Social Development
