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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: 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: 38
Session: 22 (2023)
Full Text:
The Permanent Forum calls upon Member States to put in place specific plans for improving the health of Indigenous Peoples, including the sexual and reproductive health of Indigenous women, with particular attention to the health of Indigenous two-spirit persons, children and nomadic and semi-nomadic peoples, as well as Indigenous Peoples in voluntary isolation, in initial contact, in remote areas and in other vulnerable situations. The Permanent Forum also recommends that States provide adequate funding to Indigenous Peoples to support and ensure access to Indigenous health care, education and mental health and well-being resources.
Area of Work: Health, Indigenous Women and Girls
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)
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: WHO
Paragraph Number: 37
Session: 22 (2023)
Full Text:
The Permanent Forum recommends that WHO establish a high-level consultative body with representatives of Indigenous Peoples to guide its work on human and planetary health. In line with the Geneva Declaration on the Health and Survival of Indigenous Peoples and the recommendations of the Permanent Forum over the past 20 years, the Permanent Forum calls upon WHO to adopt an Indigenous Peoples policy and mandate to approach the health of Indigenous Peoples in all its regions.
Area of Work: Health
Addressee: FAO; WHO
Paragraph Number: 81
Session: 22 (2023)
Full Text:
The Permanent Forum acknowledges the progress made on its recommendation to FAO and WHO to revise the International Code of Conduct on Pesticide Management to include Indigenous Peoples’ views. The Permanent Forum urges FAO and WHO to develop guidance notes on the risk of pesticide use in Indigenous Peoples’ territories, in consultation with Indigenous Peoples.
Area of Work: Health
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)
Addressee: Member States; UN entities; WHO
Paragraph Number: 35
Session: 22 (2023)
Full Text:
The Permanent Forum welcomes the study on Indigenous determinants of health in the 2030 Agenda for Sustainable Development (E/C.19/2023/5), presented at its twenty-second session. The Permanent Forum calls upon Member States and United Nations entities, particularly WHO, to adopt indigeneity as an overarching determinant of health, including in relation to the relevant Sustainable Development Goals and in policies and practices across the United Nations system.
Area of Work: Health, Sustainable Development Goals (SDGs)
Addressee: Joint United Nations Programme on HIV/AIDS
Paragraph Number: 78
Session: 22 (2023)
Full Text:
The Permanent Forum is concerned that HIV acquisition rates are higher in Indigenous communities than in the general population. The Permanent Forum encourages the Joint United Nations Programme on HIV/AIDS to continue its focus on Indigenous Peoples.
Area of Work: Health
Addressee: Member States
Paragraph Number: 44
Session: 22 (2023)
Full Text:
The Permanent Forum again urges Member States to ensure that Indigenous Peoples are afforded full and effective participation in all planning and policy development to address climate change. Indigenous-led climate change policies incorporate the vital knowledge of Indigenous Peoples for land management and stewardship of natural resources while protecting health, equity, justice and sustainability. Principles of free, prior and informed consent must be followed in the development of all climate change policies and actions.
Area of Work: Environment, Climate Change, Health
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
