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Addressee: Member States

Paragraph Number: 64
Session: 15 (2016)
Full Text:

The religious, spiritual and cultural sites of indigenous peoples, including the Ktunaxa Nation in Canada, the Aboriginal people of Australia, the Maya of Guatemala and the Amazigh peoples, continue to face destruction. This has profoundly negative impacts on indigenous peoples, including affecting their sacred practices. Consistent with articles 11, 12, 13, 19, 25, 31 and 32 of the United Nations Declaration and paragraphs 20 and 27 of the outcome document of the World Conference on Indigenous Peoples, the Permanent Forum recommends that, in their national action plans, strategies and other measures, States:
(a) Take effective measures to ensure that indigenous peoples’ spiritual and cultural sites are protected;
(b) Ensure that, consistent with article 32 of the United Nations Declaration, indigenous peoples are not forced to defend these rights against proposed development projects or through litigation in courts;
(c) Actively resolve disputes directly with indigenous peoples, consistent with article 19 of the United Nations Declaration, given that these rights constitute critical elements of the survival, dignity and well-being of indigenous peoples.

Area of Work: Culture, Human Rights

Addressee: Member States

Paragraph Number: 46
Session: 22 (2023)
Full Text:

The Permanent Forum is equally alarmed at the many testimonies from Indigenous Peoples on the establishment of protected areas and conservation measures without the free, prior and informed consent of Indigenous Peoples and the persistent violations of their human rights in the context of conservation. The Permanent Forum underlines that it is the responsibility of Member States and other actors to obtain free, prior and informed consent directly from Indigenous Peoples when developing policies and legislation pertaining to conservation measures and protected areas.

Area of Work: Free, Prior and Informed Consent (FPIC), Environment
Paragraph Number: 40
Session: 22 (2023)
Full Text:

The Permanent Forum welcomes the adoption of the Kunming-Montreal Global Biodiversity Framework at the fifteenth meeting of the Conference of the Parties to the Convention on Biological Diversity. The Permanent Forum urges the Conference of the Parties to establish a commission, as early as possible, to monitor and evaluate the implementation of the Framework, especially its target 3 on protecting 30 per cent of the planet’s land and water by 2030, with the full and equitable participation of Indigenous Peoples and respecting their rights to free, prior and informed consent. The establishment of robust grievance mechanisms is vital.

Area of Work: Environment
Paragraph Number: 47
Session: 15 (2016)
Full Text:

The Permanent Forum requests UNESCO to host a joint seminar with the Expert Mechanism on the Rights of Indigenous Peoples and other relevant United Nations mechanisms for the purpose of exploring the development of a new international mechanism on the repatriation of ceremonial objects and human remains. Furthermore, the Forum calls upon all States with national repositories of indigenous cultural items and ancestral remains, including museums and universities, to work with UNESCO to create an international database and inventory of these items accessible to indigenous peoples as a basis for initiating dialogue.

Area of Work: Culture

Addressee: Member States

Paragraph Number: 45
Session: 22 (2023)
Full Text:

The Permanent Forum recognizes development of renewable energy sources but remains alarmed that irresponsible development related to green technology and the green transition, has led, at times, to violations of Indigenous Peoples’ rights, including mineral extraction and the building of hydroelectric dams and other large-scale infrastructure without the free, prior and informed consent of Indigenous Peoples. The Permanent Forum recommends that Member States provide the resources necessary to develop and implement Indigenous Peoples’ own free, prior and informed consent protocols in such contexts.

Area of Work: Environment, Economic and Social Development, Climate Change, Free, Prior and Informed Consent (FPIC)
Paragraph Number: 30
Session: 22 (2023)
Full Text:

The Permanent Forum recommends that the Intergovernmental Panel on Climate Change prepare a special report within its seventh assessment cycle, led by Indigenous academics, scientists and traditional knowledge holders, to assess the opportunities for and threats against Indigenous Peoples in the areas of adaptation, mitigation, and loss and damage.

Area of Work: Environment, Climate Change

Addressee: Member States

Paragraph Number: 44
Session: 22 (2023)
Full Text:

The Permanent Forum again urges Member States to ensure that Indigenous Peoples are afforded full and effective participation in all planning and policy development to address climate change. Indigenous-led climate change policies incorporate the vital knowledge of Indigenous Peoples for land management and stewardship of natural resources while protecting health, equity, justice and sustainability. Principles of free, prior and informed consent must be followed in the development of all climate change policies and actions.

Area of Work: Environment, Climate Change, Health
Paragraph Number: 28
Session: 22 (2023)
Full Text:

The Permanent Forum reiterates its recommendation to adopt a programme of work on article 8 (j) and other provisions of the Convention on Biological Diversity and strengthened institutional arrangements through a permanent subsidiary body to take forward the Kunming-Montreal Global Biodiversity Framework and to ensure a human rights-based approach, and full and effective participation of Indigenous Peoples, by the sixteenth meeting of the Conference of the Parties to the Convention. The Permanent Forum recommends ensuring direct access to financial resources for Indigenous Peoples, inclusive of all landscapes and seascapes, more efficient financial mechanisms managed by Indigenous Peoples and the inclusion of Indigenous Peoples’ representatives in the governance of the Framework to better design and implement grants. In that respect, the modus operandi and methods of work for enhanced Indigenous participation under article 8 (j) and related provisions  The Permanent Forum reiterates its recommendation to adopt a programme of work on article 8 (j) and other provisions of the Convention on Biological Diversity and strengthened institutional arrangements through a permanent subsidiary body to take forward the Kunming-Montreal Global Biodiversity Framework and to ensure a human rights-based approach, and full and effective participation of Indigenous Peoples, by the sixteenth meeting of the Conference of the Parties to the Convention. The Permanent Forum recommends ensuring direct access to financial resources for Indigenous Peoples, inclusive of all landscapes and seascapes, more efficient financial mechanisms managed by Indigenous Peoples and the inclusion of Indigenous Peoples’ representatives in the governance of the Framework to better design and implement grants. In that respect, the modus operandi and methods of work for enhanced Indigenous participation under article 8 (j) and related provisions must be the minimum standard and be prioritized as an essential prerequisite for the full implementation of target 31 of the Framework.

Area of Work: Environment, Funding and Resources
Paragraph Number: 92
Session: 22 (2023)
Full Text:

The Permanent Forum calls upon UNESCO, including its Intergovernmental Committee for the Protection of the World Cultural and Natural Heritage, to step up its policies, safeguards and actions on the protection of Indigenous Peoples’ tangible and intangible cultural heritage. UNESCO safeguards that reflect robust free, prior and informed consent protocols, as prescribed by the United Nations Declaration on the Rights of Indigenous Peoples, could contribute to the prevention of the destruction and desecration of Indigenous Peoples’ lands and sites by public and private enterprises. Examples include mining activities of the company Rio Tinto on the ancient Aboriginal site Juukan Gorge in Western Australia and the sacred Oak Flat of the San Carlos Apache Tribe in Arizona, United States of America.

Area of Work: Free, Prior and Informed Consent (FPIC), Culture
Paragraph Number: 43
Session: 22 (2023)
Full Text:

The Permanent Forum calls upon the Conference of the Parties and the secretariat of the United Nations Framework Convention on Climate Change to ensure that all reducing emissions from deforestation and degradation mechanism (REDD and REDD+) programmes and projects go through a full review, with the full and effective participation of Indigenous Peoples, to assess their validity. The parties to the Convention should adopt a grievance mechanism that allows Indigenous Peoples to identify and name non-State actors, corporations, United Nations entities, States and other organizations involved in setting up REDD programmes and projects that violate the rights of Indigenous Peoples.

Area of Work: Environment
Paragraph Number: 14
Session: 15 (2016)
Full Text:

In the light of the study by Ms. Toki on the relationship between indigenous peoples and the Pacific Ocean and the dire effects of climate change, such as forced relocation and the loss of culture and livelihood, on vulnerable small island Pacific States, the Permanent Forum recommends that United Nations entities, including UN-Oceans, the United Nations Framework Convention on Climate Change and UNESCO, in addition to the International Seabed Authority, comply with and implement the relevant articles of the United Nations Declaration (arts. 18, 27 and 32), so as to ensure the full and effective participation of indigenous peoples. This should include meaningful participation, such as dedicated indigenous representation within each of these United Nations entities, and regard for indigenous peoples’ world views.

Area of Work: Environment, Enhanced Participation at the UN
Paragraph Number: 83
Session: 22 (2023)
Full Text:

The Permanent Forum reiterates its previous recommendations on the ongoing plastic crisis and the importance of the effective participation of Indigenous Peoples in the negotiations of the United Nations Environment Assembly of the United Nations Environment Programme on an international treaty to tackle the crisis. The Permanent Forum welcomes the discussions of the Human Rights Council on the matter at its fifty-second session.

Area of Work: Environment