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Addressee: Nepal
Paragraph Number: 95
Session: 17 (2018)
Full Text:
The Permanent Forum expresses appreciation for Nepal being the only Asian country to ratify the Indigenous and Tribal Peoples Convention, 1989 (No. 169), in 2007. Nevertheless, it is concerning that, even 10 years after ratification, the Government has not adopted a national action plan to implement the Convention. The Forum recommends that Nepal immediately adopt a national action plan, including in line with its commitment in the outcome document of the World Conference on Indigenous Peoples. The Forum urges other Asian States to consider ratifying the Convention as per the recommendations made by treaty bodies and in the universal periodic review.
Area of Work: National Action Plans, implementation
Addressee: Member States
Paragraph Number: 8
Session: 17 (2018)
Full Text:
The Permanent Forum commends States for recognizing the collective rights of indigenous peoples to lands, territories and resources and at the same time urges them to take immediate steps for the implementation of those rights through programmes for mapping, titling or other actions and legislative reforms. The Forum urges States to report to it by its twentieth session on steps taken in that regard.
Area of Work: Lands and Resources, implementation
Addressee: Member States
Paragraph Number: 9
Session: 17 (2018)
Full Text:
A majority of States have yet to grant official recognition to indigenous peoples, let alone their collective rights to lands, territories and resources. The Permanent Forum expresses its grave concern about the non-recognition of indigenous peoples, in particular in Africa and Asia, and recommends that States incorporate the United Nations Declaration on the Rights of Indigenous Peoples into national legislation, policies and programmes.
Area of Work: Lands and Resources, implementation
Addressee: Member States, Indigenous Peoples
Paragraph Number: 6
Session: 17 (2018)
Full Text:
Positive developments have been achieved in setting international human rights standards for the rights of indigenous peoples to lands, territories and resources, including by regional human rights mechanisms in Africa and the Americas. The Permanent Forum welcomes those developments, including the recent decision of the African Court on Human and Peoples’ Rights in the case of the Ogiek community in Kenya. The Forum encourages indigenous peoples and States to engage further with regional mechanisms and to implement their decisions effectively.
Area of Work: Lands and Resources, implementation
Addressee: Member States
Paragraph Number: 82
Session: 10 (2011)
Full Text:
The Permanent Forum urges States to recognize and protect indigenous peoples’ cultural right to water and, through legislation and policy, to support the right of indigenous peoples to hunt and gather food resources from waters used for cultural, economic and commercial purposes. This is consistent with article 25 of the United Nations Declaration on the Rights of Indigenous Peoples.
Area of Work: Human rights, Environment, Culture
Addressee: Member States
Paragraph Number: 84
Session: 10 (2011)
Full Text:
The Permanent Forum urges States to increase the provision of funding to indigenous peoples and communities for water and wastewater systems in order to improve the quality of drinking water and wastewater infrastructure, as well as address water pollution and degradation in indigenous communities.
Area of Work: Human rights, Environment
Addressee: Member States
Paragraph Number: 83
Session: 10 (2011)
Full Text:
The Permanent Forum urges States to include indigenous peoples in decision-making processes in all areas of water management, including commercial use, irrigation and environmental management, and to ensure that such decision-making processes are consistent with the principles of the United Nations Declaration on the Rights of Indigenous Peoples, in particular its article 32, under which the free and informed consent of indigenous peoples is required prior to the approval of any project affecting their lands or territories and other resources.
Area of Work: Human rights, Environment
Addressee: Member States
Paragraph Number: 79
Session: 10 (2011)
Full Text:
Indigenous peoples have a profound relationship with their environment. This includes their distinct rights to water. The Permanent Forum urges States to guarantee those rights, including the right to access to safe, clean, accessible and affordable water for personal, domestic and community use. Water should be treated as a social and cultural good, and not primarily as an economic good. The manner in which the right to water is realized must be sustainable for present and future generations. Moreover, indigenous peoples’ access to water resources on their ancestral lands must be protected from encroachment and pollution. Indigenous peoples must have the resources to design, deliver and control their access to water.
Area of Work: Human rights, Environment
Paragraph Number: 24
Session: 10 (2011)
Full Text:
The Permanent Forum welcomes the adoption by the Conference of the Parties to the Convention on Biological Diversity of two additional indicators for traditional knowledge: (a) status and trends in land use change and land tenure in the traditional territories of indigenous and local communities, and (b) status and trends in the practice of traditional occupations, to complement the adopted indicator on status and trends in traditional languages. The Forum urges the secretariat of the Convention and agencies working on these issues, including the United Nations Educational, Scientific and Cultural Organization (UNESCO), ILO, FAO, IFAD and the International Land Coalition, to collaborate with a view to fully operationalizing those indicators.
Area of Work: Environment, Traditional Knowledge, Cooperation
Addressee: CBD
Paragraph Number: 27
Session: 10 (2011)
Full Text:
The Permanent Forum reiterates to the parties to the Convention on Biological Diversity, and especially to the parties to the Nagoya Protocol, the importance of respecting and protecting indigenous peoples’ rights to genetic resources consistent with the United Nations Declaration on the Rights of Indigenous Peoples. Consistent with the objective of “fair and equitable” benefit sharing in the Convention and Protocol, all rights based on customary use must be safeguarded and not only “established” rights. The Committee on the Elimination of Racial Discrimination has concluded that such kinds of distinctions would be discriminatory.
Area of Work: Environment, Traditional Knowledge
Addressee: CBD
Paragraph Number: 26
Session: 10 (2011)
Full Text:
Affirmation of the status of indigenous peoples as “peoples” is important in fully respecting and protecting their human rights. Consistent with its 2010 report (E/2010/43-E/C.19/2010/15), the Permanent Forum calls upon the parties to the Convention on Biological Diversity, and especially including the Nagoya Protocol, to adopt the terminology “indigenous peoples and local communities” as an accurate reflection of the distinct identities developed by those entities since the adoption of the Convention almost 20 years ago
Area of Work: Environment, Traditional Knowledge
Addressee: World Bank
Paragraph Number: 15
Session: 17 (2018)
Full Text:
The Permanent Forum continues to be concerned that the World Bank’s new environmental and social safeguard 7 allows the conversion of the collective territories of indigenous peoples into individual ownership rights, even though it recognizes the importance of protecting the collective attachment of indigenous peoples to their lands. Providing funding for States to divide the lands of indigenous peoples generates conflict, irreparably harms livelihoods and traditional resource management strategies and erodes the governance structures of indigenous peoples. Paragraph 29 of environmental and social safeguard 7 should urgently be revised to ensure that indigenous peoples maintain their collective rights to lands, territories and resources in all projects funded by the Bank.
Area of Work: Environment, lands and resources
