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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)
Addressee: UNESCO; Intergovernmental Committee for the Protection of the World Cultural and Natural Heritage
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
Addressee: General Assembly
Paragraph Number: 69
Session: 22 (2023)
Full Text:
The Permanent Forum recommends that, in 2025, the General Assembly convene a high-level plenary meeting known as the “World Conference on Indigenous Peoples Plus 10” to evaluate the progress on the commitments made in the outcome document of the World Conference on Indigenous Peoples. Furthermore, the Permanent Forum recommends that the Assembly request the Secretary-General to submit to the Assembly a constructive and comprehensive report, developed with the full and effective participation of Indigenous Peoples, prior to that Conference, on the progress made in the implementation of the outcome document and the Alta outcome document, as well as on challenges and opportunities for further action. It also calls upon the Assembly to support the preparatory efforts of Indigenous Peoples.
Area of Work: Enhanced Participation at the UN, World Conference on Indigenous Peoples
Addressee: UN entities; UNESCO; UN-Water
Paragraph Number: 41
Session: 22 (2023)
Full Text:
The Permanent Forum calls upon the United Nations entities that constitute UN-Water to ensure the full and effective participation of Indigenous Peoples in the realization of the outcomes of the United Nations 2023 Water Conference in order to ensure their engagement in water policy, governance and rights, including with respect to capacity-building, access to clean water, sanitation and water for nature. The Permanent Forum invites UNESCO to report on progress on implementation at the twenty-third session of the Permanent Forum and calls upon UN-Water, UNESCO and other concerned United Nations entities to build coherence among the four United Nations decades on water, oceans, ecosystem restoration and Indigenous Peoples’ languages.
Area of Work: Environment, Enhanced Participation at the UN
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)
Paragraph Number: 67
Session: 22 (2023)
Full Text:
The Permanent Forum welcomes the work of the Indigenous Coordinating Body for Enhanced Participation in the United Nations in furthering the objectives of resolution 71/321 and agrees on the need to establish a new and distinct status for Indigenous Peoples’ participation at the General Assembly. It also welcomes the organization in November 2022 by the Office of the United Nations High Commissioner for Human Rights (OHCHR) of the expert workshop on enhanced participation in the Human Rights Council. The Permanent Forum looks forward to reading the report and the recommendations from the workshop when they are submitted to the Human Rights Council prior to its fifty-third session. The Permanent Forum calls upon the Human Rights Council and the General Assembly to ensure further progress on this vital matter. The Permanent Forum encourages Member States to financially support the work of the Indigenous Coordinating Body.
Area of Work: Enhanced Participation at the UN
Addressee: UN entities; World Bank; Green Climate Fund; African Commission on Human and Peoples' Rights
Paragraph Number: 27
Session: 22 (2023)
Full Text:
The Permanent Forum encourages United Nations entities, the World Bank, the Green Climate Fund, the African Commission on Human and Peoples’ Rights and other relevant international and regional bodies to align their policies with the United Nations Declaration on the Rights of Indigenous Peoples. Indigenous Peoples should be employed within those entities as part of diversity and inclusion policies and to ensure Indigenous perspectives.
Area of Work: Economic and Social Development
Addressee: Member States; UN entities
Paragraph Number: 80
Session: 22 (2023)
Full Text:
The inclusion and full and effective participation of Indigenous Peoples, as beneficiaries and partners in achieving the Sustainable Development Goals, while avoiding negative impacts on their rights are essential. The Permanent Forum recommends that States and relevant United Nations entities cooperate with Indigenous Peoples to fully consider their situations during the midpoint review at the Sustainable Development Goals Summit in 2023, including in the preparations at the high-level political forum on sustainable development.
Area of Work: Sustainable Development Goals (SDGs), Enhanced Participation at the UN
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)
Addressee: Member States; UN entities
Paragraph Number: 24
Session: 22 (2023)
Area of Work: Free, Prior and Informed Consent (FPIC)
Addressee: WIPO
Paragraph Number: 79
Session: 22 (2023)
Full Text:
The Permanent Forum recognizes the efforts of WIPO to support Indigenous Peoples in taking part in its processes, including through training programmes and support from its voluntary fund for Indigenous Peoples. It urges WIPO and its member States to ensure the full and effective participation of Indigenous Peoples in meetings, including the Diplomatic Conference in 2024 and its related preparatory meetings, on one or more international legal instruments relating to traditional knowledge, traditional cultural expression, genetic resources and folklore.
Area of Work: Enhanced Participation at the UN
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
