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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
Paragraph Number: 45
Session: 9 (2010)
Full Text:
The Permanent Forum recommends that, during its June 2010 session, the Committee on the Application of Standards of the International Labour Conference follow up on the serious situations of violations of ILO Convention C169 mentioned in the relevant previous observations of the Committee of Experts on the Application of Conventions and Recommendations, as well as its own 2009 conclusions regarding the implementation of the Convention.
Area of Work: Human rights
Addressee: Member States, State-owned corporations
Paragraph Number: 62
Session: 7 (2008)
Full Text:
The Permanent Forum urges States and State-owned corporations to consult and cooperate in good faith with the indigenous peoples concerned in order to obtain their free, prior and informed consent before the approval of any policies, plans and projects affecting their lands or territories and other resources, particularly in connection with the development, utilization or exploitation of minerals, water and other resources, in accordance with the United Nations Declaration on the Rights of Indigenous Peoples.
Area of Work: Human rights
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)
Paragraph Number: 62
Session: 18 (2019)
Full Text:
The Permanent Forum welcomes the study entitled “Free, prior and informed consent: a human rights-based approach” (A/HRC/39/62), prepared by the Expert Mechanism on the Rights of Indigenous Peoples. It encourages Member States, United Nations entities, including the International Labour Organization (ILO) and the World Bank, regional development banks, the private sector, civil society organizations and other stakeholders, to use the study as guidance for understanding the principle of free, prior and informed consent when working on issues of concern to indigenous peoples. The Forum also encourages indigenous peoples to use the study to guide the development of their own community protocols on free, prior and informed consent for engaging with these stakeholders.
Area of Work: Human rights, Economic and Social Development
Paragraph Number: 45
Session: 3 (2004)
Full Text:
The Forum recommends that all human rights treaty bodies and other human rights mechanisms of the United Nations and the treaty monitoring mechanisms of ILO pay special attention to the human rights of indigenous peoples, in particular indigenous women, in the discharge of their mandates. The Forum also encourages indigenous women’s organizations and other organizations working in this area to enhance their cooperation and contacts with these mechanisms.
Area of Work: Human rights
Addressee: Government of Kenya
Paragraph Number: 62
Session: 20 (2021)
Full Text:
The Permanent Forum is concerned that the ruling of the African Court on Human and Peoples’ Rights on the Ogiek community in the Mau forest in Kenya has still not been implemented and calls on the Government of Kenya to urgently implement a sustainable system of equitable land tenure to prevent any further forced evictions; publish without delay the recommendations of the task force to advise the Government on the implementation of the decision of the African Court on Human and Peoples’ Rights in respect of the rights of the Ogiek community of Mau; enhance the participation of indigenous communities in the sustainable management of forests; and comply with the decision of the Court.
Area of Work: Human rights
Addressee: Member States, Chile
Paragraph Number: 45
Session: 21 (2022)
Full Text:
The Permanent Forum reiterates the importance of the legal recognition of
indigenous peoples within national constitutions. The Permanent Forum takes note of
the position expressed by the Government of Chile on the recognition of indigenous
peoples. The Permanent Forum invites Chile to provide an update on progress at the
twenty-second session of the Permanent Forum, to be held in 2023. Furthermore, the
Permanent Forum supports the call from indigenous peoples of Australia at the
meeting held in Uluru in 2017 for a process on the three core components of the Uluru
Statement from the Heart – “Voice, Treaty and Truth” – and constitutional recognition
of indigenous rights consistent with the United Nations Declaration on the Rights of
Indigenous Peoples.
Area of Work: Human rights
Addressee: Member States
Paragraph Number: 62
Session: 11 (2012)
Full Text:
According to articles 25 to 36 of the Declaration, States shall uphold the right to the free, prior and informed consent of indigenous peoples and avoid, minimize and adjudicate disputes concerning land, territory or resources arising from extractive industries, large-scale water, energy and infrastructure projects, and agricultural investments.
Area of Work: Human rights, Economic and Social Development
Addressee: DPKO, Regional peacekeeping forces
Paragraph Number: 62
Session: 15 (2016)
Full Text:
Owing to the particular vulnerability of indigenous peoples in conflict situations, the Permanent Forum recommends that the Department of Peacekeeping Operations of the Secretariat and regional peacekeeping forces factor the protection of indigenous peoples into analysis, planning and guidance on the protection of civilians.
Area of Work: Human rights
Addressee: Edward John, Dalee Sambo Dorough
Paragraph Number: 45
Session: 14 (2015)
Full Text:
The Permanent Forum appoints Edward John and Dalee Sambo Dorough to conduct a study on how States exploit weak procedural rules in international organizations to devalue the United Nations Declaration and other international human rights law.
Area of Work: Human rights, Methods of Work
Addressee: Member States, UN System, OHCHR
Paragraph Number: 62
Session: 4 (2005)
Full Text:
The Forum recommends that Member States, United Nations bodies and mechanisms, the Office of the United Nations High Commissioner for Human Rights and other parts of the United Nations system strengthen the machinery to address the urgent, gross and ongoing human rights violations, militarization of indigenous lands and systemic violence committed by Member States against indigenous peoples.
Area of Work: Human rights
