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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: 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: 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: 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: 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: 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
Paragraph Number: 24
Session: 22 (2023)
Area of Work: Free, Prior and Informed Consent (FPIC)
Addressee: Member States, Central and Eastern Europe, Russian Federation, Central Asia, Transcaucasia
Paragraph Number: 93
Session: 11 (2012)
Full Text:
The Permanent Forum notes that indigenous youth in the region are often forced to leave their home and lands to receive an education, which can pose an obstacle to the right to education. The Permanent Forum urges States in Central and Eastern Europe, the Russian Federation, Central Asia and Transcaucasia to take measures to ensure the enjoyment of the right to education by indigenous youth. The Permanent Forum encourages States of the region to facilitate the development of indigenous peoples’ self-administration, the development of their inner potential and human resources, forming parliaments following the example of the Sami people; and decent representation of the small-numbered indigenous peoples in the bodies of legislative and executive power on all levels.
Area of Work: Indigenous Children and Youth, Human Rights
Addressee: Member States, WHO, UNICEF
Paragraph Number: 11
Session: 11 (2012)
Full Text:
The Permanent Forum recommends that States and the United Nations system, with particular attention to the activities of the United Nations Children’s Fund (UNICEF) and the World Health Organization (WHO), introduce indigenous youth perspectives into existing youth policies and plans, including the five-year action agenda of the Secretary-General to address health issues. In addition, there should be a distinct focus on indigenous youth by improving participation in decision-making and by introducing and including mental health services for young people, with particular efforts to address suicide among indigenous youth.
Area of Work: Indigenous Children and Youth, Health
Paragraph Number: 98
Session: 11 (2012)
Full Text:
The Permanent Forum also welcomes the interest of the Special Representative of the Secretary-General on Violence against Children in joining the Inter-Agency Support Group and calls upon the Special Representative to work closely with the members of the Forum in preparing a section on the situation of indigenous children in the Special Representative’s annual reports to the General Assembly and the Human Rights Council.
Area of Work: Indigenous Children and Youth
Addressee: UN system
Paragraph Number: 97
Session: 11 (2012)
Full Text:
The Permanent Forum welcomes with appreciation the decision of the General Assembly, in its resolution 66/141, to request that the Secretary-General submit to the Assembly at its sixty-seventh session a comprehensive report on the rights of the child, including a focus on indigenous children. The Forum wishes to take part in any initiative undertaken by the Secretary-General in preparing the comprehensive report on the rights of the child.
Area of Work: Indigenous Children and Youth
Addressee: Member States
Paragraph Number: 28
Session: 11 (2012)
Full Text:
Celebrating 22 years of the Convention on the Rights of the Child, which is the first legally binding international instrument affirming human rights for all children, the Permanent Forum welcomes the adoption of the third Optional Protocol to the Convention on the Rights of the Child on a communications procedure, enabling individual claims and the use of the examination process, and urges States to accede to this important instrument regarding children in the most vulnerable situations, many of whom are indigenous, to allow them access to recourse and redress.
Area of Work: Indigenous Children and Youth
