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Addressee: National Human Rights Institutions
Paragraph Number: 63
Session: 22 (2023)
Full Text:
The Permanent Forum encourages national human rights institutions to promote the United Nations Declaration on the Rights of Indigenous Peoples at the national and international levels, in collaboration with Indigenous Peoples.
Area of Work: Human rights
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: Member States
Paragraph Number: 26
Session: 22 (2023)
Full Text:
Urgent transformational actions by States and other development actors for Indigenous Peoples must be based on a human rights framework enabling the identification of the root causes of inequality and providing mechanisms to tackle systemic discrimination and racism and must contribute to reforming discriminatory laws and policies and strengthening the accountability of States, including ensuring democratic space for all.
Area of Work: Human Rights
Addressee: Nicaragua
Paragraph Number: 55
Session: 22 (2023)
Full Text:
The Permanent Forum welcomes the intent of Nicaragua in drafting legislation on territorial regulation of Indigenous territories. The Permanent Forum urges Nicaragua to establish dialogue with the legitimate Indigenous authorities to initiate and conclude drafting of the legislation as soon as possible, in order to prevent repetition of the recent gross human rights violations against the Mayangna Sauni and Wilu communities, allegedly committed by armed settlers. It further urges Nicaragua to ensure that perpetrators are held to account through the justice system for the murders committed and for the destruction of property. Impunity is not an option.
Area of Work: Human rights, Conflict Prevention and Peace
Addressee: UN Environment Assembly
Paragraph Number: 83
Session: 22 (2023)
Full Text:
The Permanent Forum reiterates its previous recommendations on the ongoing plastic crisis and the importance of the effective participation of Indigenous Peoples in the negotiations of the United Nations Environment Assembly of the United Nations Environment Programme on an international treaty to tackle the crisis. The Permanent Forum welcomes the discussions of the Human Rights Council on the matter at its fifty-second session.
Area of Work: Environment
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: Australia
Paragraph Number: 62
Session: 22 (2023)
Full Text:
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.
Area of Work: Indigenous Children and Youth, Human rights
Addressee: UN entities
Paragraph Number: 89
Session: 22 (2023)
Full Text:
The Permanent Forum welcomes the fact that United Nations entities and bodies, including mandate holders and, notably, OHCHR and the United Nations Environment Programme, take their share of the responsibility to ensure a safe space for Indigenous Peoples participating in United Nations meetings. The Permanent Forum requests that United Nations bodies and entities create an urgent response mechanism to acts of intimidation and reprisals against Indigenous human rights defenders cooperating with the United Nations, in line with existing United Nations guidance on protection and promotion of civic space and the Secretary-General’s Call to Action for Human Rights. The Permanent Forum will consider how to strengthen its own response mechanisms and its cooperation with the Assistant SecretaryGeneral for Human Rights, in line with General Assembly resolution 77/203, on this pressing matter, including through the appointment of focal points.
Area of Work: Human rights
Addressee: Member States; UN entities
Paragraph Number: 24
Session: 22 (2023)
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: 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: 40
Session: 22 (2023)
Full Text:
The Permanent Forum welcomes the adoption of the Kunming-Montreal Global Biodiversity Framework at the fifteenth meeting of the Conference of the Parties to the Convention on Biological Diversity. The Permanent Forum urges the Conference of the Parties to establish a commission, as early as possible, to monitor and evaluate the implementation of the Framework, especially its target 3 on protecting 30 per cent of the planet’s land and water by 2030, with the full and equitable participation of Indigenous Peoples and respecting their rights to free, prior and informed consent. The establishment of robust grievance mechanisms is vital.
Area of Work: Environment
