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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: WHO
Paragraph Number: 90
Session: 22 (2023)
Full Text:
The Permanent Forum commends the Pan American Health Organization for its work on Indigenous maternal and child health and encourages WHO to replicate this work in other regions. The Permanent Forum recommends that WHO include Indigenous Peoples’ organizations and Permanent Forum members in developing and implementing health strategies in the negotiations on a global accord on pandemic prevention, preparedness and response.
Area of Work: Health, Indigenous Women and Girls
Addressee: Nepal
Paragraph Number: 86
Session: 22 (2023)
Full Text:
The Constitution of Nepal has provisions for special, protected and autonomous regions for Indigenous Peoples. The Permanent Forum welcomes further progress towards realizing the provisions of the Constitution, including by considering the recommendations of the Committee on the Elimination of Racial Discrimination and of the Committee on the Elimination of Discrimination against Women to Nepal in 2018 on respect for Indigenous Peoples’ rights to their traditional lands and resources and to self-determination.
Area of Work: Indigenous Women and Girls, Human rights
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: Guatemala
Paragraph Number: 60
Session: 22 (2023)
Full Text:
The Permanent Forum heard from many Indigenous women’s organizations and networks, including the national movement of midwives, Nim Alaxik, of Guatemala, on its work for the rights of Indigenous women and girls and their contributions to ensuring access to comprehensive and culturally appropriate health care, including sexual and reproductive health. The Permanent Forum welcomes the 2019 ruling by the Constitutional Court of Guatemala on the promotion of actions that guarantee access to culturally appropriate sexual and reproductive health for women and the rights of midwives as guardians of ancestral knowledge and practices and recommends that the ruling be implemented by the State.
Area of Work: Indigenous Women and Girls, Health
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
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
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: Member States
Paragraph Number: 38
Session: 22 (2023)
Full Text:
The Permanent Forum calls upon Member States to put in place specific plans for improving the health of Indigenous Peoples, including the sexual and reproductive health of Indigenous women, with particular attention to the health of Indigenous two-spirit persons, children and nomadic and semi-nomadic peoples, as well as Indigenous Peoples in voluntary isolation, in initial contact, in remote areas and in other vulnerable situations. The Permanent Forum also recommends that States provide adequate funding to Indigenous Peoples to support and ensure access to Indigenous health care, education and mental health and well-being resources.
Area of Work: Health, Indigenous Women and Girls
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: 24
Session: 22 (2023)
Area of Work: Free, Prior and Informed Consent (FPIC)
Addressee: Commission on the Status of Women
Paragraph Number: 21
Session: 22 (2023)
Full Text:
The Permanent Forum also recommends that the Commission on the Status of Women include in its agenda a specific focus on Indigenous women and girls to identify best practices and guide Member States in implementing general recommendation No. 39.
Area of Work: Indigenous Women and Girls
