The Permanent Forum was presented with horrific testimonies of Indigenous children incarcerated in prisons and other holding facilities. The Permanent Forum reminds Member States to fulfil their obligations under the Convention on the Rights of the Child in relation to the arrest, detention, or imprisonment of a child. No child should be in prison. In that regard, the Permanent Forum notes the finding in 2022 of the Supreme Court of Western Australia that the extensive solitary confinement and significant reduction in liberty of children, primarily Aboriginal children, was unlawful. The Permanent Forum calls upon Australia to respect the Court decision and remove its reservation to article 37 of the Convention on the Rights of the Child. The Permanent Forum recommends that Member States review and reform their child protection policies and systems to prevent undue removal of Indigenous children from their families and communities.
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.
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.
The Permanent Forum notes the intention of the members of the North American indigenous caucus to hold a conference on indigenous children and youth in detention, custody, adoption and foster care, and urges members of the caucus to invite members of the Forum, Government representatives and youth representatives to discuss model programmes and effective measures to address the disproportional representation of indigenous children and youth in detention, custody, adoption and foster care.
A request of the UNPFII and the UN Youth Unit in DESA to continue facilitating the involvement of the Youth Caucus in its sessions.
The Permanent Forum is concerned about legislative and regulatory processes that criminalize the establishment and management of community radio stations. The Forum encourages States to expressly recognize community media in their domestic law and to adopt effective actions to enforce the right of indigenous peoples and communities to have their own media.
The Permanent Forum recommends that the United Nations system continue to build the capacities of indigenous peoples’ organizations and to develop their knowledge and skills to have their rights respected, protected and fulfilled.
The Permanent Forum welcomes the recognition by UNICEF of the valuable contributions indigenous children and youth can make in their local communities to ensure the sustainability of climate change adaptation and mitigation plans. The Forum urges the Fund to continue to raise awareness of the impact of climate change on indigenous children and youth, and requests that it ensure the effective participation of indigenous children and youth in the discussions on and solutions to environmental issues in accordance with article 12 of the Convention on the Rights of the Child.
The United Nations Declaration on the Rights of Indigenous Peoples should serve as a key and binding framework in the formulation of plans for development and should be considered fundamental in all processes related to climate change at the local, national, regional and global levels. The safeguard policies of the multilateral banks and the existing and future policies on indigenous peoples of United Nations bodies and other multilateral bodies should be implemented in all climate change-related projects and programmes.
The Permanent Forum calls on States to ensure that indigenous peoples that are undertaking their own mitigation measures are provided with policy support, technical assistance, funding and capacity-building in order to deepen their knowledge on climate change and to allow them to implement more effective mitigation and adaptation strategies. They should gain benefits from the environmental services derived from their territories and resources. Processes and mechanisms for the valuation of these environmental services, and methods that allow them to get adequate benefits, should be developed jointly with them. Efforts to create better documentation of good practices in mitigation and adaptation and to replicate and upscale these practices should likewise be supported.
The Permanent Forum recommends that the Office for the Coordination of Humanitarian Affairs and other relevant United Nations agencies further develop and enhance natural disaster preparedness and mitigation strategies involving indigenous peoples in the development and implementation of those strategies.
The Permanent Forum once again reiterates its concern that reports developed and presented by many States on the implementation of the Millennium Development Goals and poverty reduction strategy papers still do not adequately include and address indigenous peoples, nor do they include their participation, and it therefore calls on States to rectify this situation and on United Nations agencies to support their efforts. Furthermore, the Forum encourages the United Nations Development Programme (UNDP) to integrate indigenous peoples’ issues into the global, regional, national and local human development reports, and in particular to include indigenous experts in preparing those reports and to guarantee that indigenous peoples’ issues are mainstreamed in them.