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Addressee: Member states

Paragraph Number: 98
Session: 20 (2021)
Full Text:

Throughout history, indigenous peoples have moved from place to place to find water, pastureland for their animals, and game; to trade goods from different ecological zones; and even to seek job opportunities in urban areas. Mobility restrictions both within and across State borders have affected indigenous peoples adversely, with the impact on pastoralist groups particularly severe in the context of their ability to access water and food. The Permanent Forum recommends that States implement specific measures to address the mobility needs of indigenous peoples, including through cooperation with neighbouring States, and that such efforts be made with the full free, prior and informed consent of the indigenous peoples affected.

Area of Work: Economic and Social Development, Environment
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: 22
Session: 6 (2007)
Full Text:

The Permanent Forum recommends that States take effective measures to halt land alienation in indigenous territories, for example, through a moratorium on the sale and registration of land, including the granting of land and other concessions in areas occupied by indigenous peoples, and also to assist indigenous communities, where appropriate, to register as legal entities.

Area of Work: Human rights, Economic and Social Development

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)
Paragraph Number: 22
Session: 8 (2009)
Full Text:

The Permanent Forum commends the inclusion by the European Bank for Reconstruction and Development of free, prior and informed consent in its policy on indigenous peoples, and strongly urges other multilateral and bilateral financial institutions to follow this example. In particular, the Forum calls upon the Asian Development Bank to ensure that free, prior and informed consent and the provisions of the United Nations Declaration on the Rights of Indigenous Peoples are integrated into its revised policy on indigenous peoples. It also calls upon the World Bank and the International Finance Corporation to review their policies and adopt free, prior and informed consent as the central principle in their dealings with indigenous peoples instead of the present free, prior, informed consultation. The international financial institutions should develop a strategy to raise staff awareness at the national and headquarters levels on indigenous peoples’ rights and development perspectives and thereby improve their relationships with indigenous peoples at the country level.

Area of Work: Economic and Social Development

Addressee: Member States

Paragraph Number: 98
Session: 12 (2013)
Full Text:

The Permanent Forum also recommends to Member States that the development agenda beyond 2015 recognize, protect and strengthen indigenous peoples’ collective rights, in particular the right to land, territories and natural resources.

Area of Work: Economic and Social Development, MDGs