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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: 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: 20 (2021)
Full Text:

The Permanent Forum recommends that Member States continue to develop legislation to support genuine indigenous representation and participation in decision-making. Legislative measures that create practical, economic, legal and political difficulties for the establishment and functioning of indigenous organizations and institutions worldwide should be addressed in order to allow for cross-border and international cooperation between indigenous peoples of different countries and with and within international organizations on issues and processes affecting them.

Area of Work: Methods of Work, Economic and Social Development

Addressee: Member States

Paragraph Number: 58
Session: 11 (2012)
Full Text:

The Permanent Forum notes that in international law, the right to adequate food and the fundamental right to be free from hunger apply to everyone without discrimination. The Permanent Forum is concerned about the implementation gap between what is legally recognized and the reality. The right to food is frequently denied or violated, often as a result of systematic discrimination or the widespread lack of applicability of indigenous peoples’ rights. The Permanent Forum recommends that States engage in an inclusive and participatory process to ensure food sovereignty and security, in accordance with the principles of free, prior and informed consent, and develop standards and methodologies and cultural indicators to assess and address food sovereignty.

Area of Work: Human rights, Economic and Social Development

Addressee: Member States

Paragraph Number: 46
Session: 12 (2013)
Full Text:

The Permanent Forum welcomes the recent entry into force of the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights. The Forum encourages Member States to accede to the Optional Protocol and requests the Committee on Economic, Social and Cultural Rights to consider the preparation of a general comment on the economic, social and cultural rights of indigenous peoples.

Area of Work: Human rights, Economic and Social Development

Addressee: World Bank

Paragraph Number: 58
Session: 12 (2013)
Full Text:

The Forum also notes with concern that the World Bank’s operational policies, including its policy on indigenous peoples, have limited application, covering only investment lending and not other Bank operations. The Forum recommends that the outcome target of the Bank’s process to review and update its safeguards be a set of safeguards and follow-up mechanisms covering all finance instruments and all other Bank operations.

Area of Work: Economic and Social Development
Paragraph Number: 46
Session: 6 (2007)
Full Text:

The Permanent Forum encourages national and international financial institutions to target indigenous peoples as beneficiaries of their micro-financing mechanisms and other relevant mechanisms, with the free, prior and informed consent of indigenous peoples.

Area of Work: Economic and Social Development

Addressee: Member States

Paragraph Number: 58
Session: 3 (2004)
Full Text:

The Forum urges Governments, in addressing economic and social development issues, to make efforts to adopt general strategies that include considerations for the needs and rights of indigenous peoples in the policies, laws and administrative issues that affect them, and they should include participation and consultations with indigenous peoples. Governments should also consider implementing special policies directed to employment creation for indigenous peoples, facilitating access to credit and the creation of small and medium-sized businesses.

Area of Work: Economic and Social Development