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Addressee: Member States; UN entities
Paragraph Number: 77
Session: 22 (2023)
Full Text:
The Permanent Forum urges Member States and relevant United Nations entities to ensure the right and access to media by and for Indigenous Peoples, as enshrined in article 16 of the United Nations Declaration on the Rights of Indigenous Peoples. It calls upon Member States to cooperate with Indigenous journalists, as well as with OHCHR and other relevant United Nations entities, on the effective protection of Indigenous journalists from criminalization and violence.
Area of Work: Media and Journalism
Addressee: United States
Paragraph Number: 31
Session: 15 (2016)
Full Text:
Mauna Kea, the sacred mountain for native Hawaiians, is currently targeted for the placement of an international observatory featuring a 30-metre telescope. Such an activity inhibits and is contrary to the rights articulated in articles 11 and 12 of the United Nations Declaration. In addition, the Permanent Forum strongly recommends that the free, prior and informed consent of native Hawaiians be recognized.
Area of Work: Human rights, Free, Prior and Informed Consent (FPIC)
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
Paragraph Number: 67
Session: 15 (2016)
Full Text:
Taking into account paragraphs 11, 14, 15, 17 and 26 of the outcome document of the World Conference on Indigenous Peoples and article 23 of the United Nations Declaration, the Permanent Forum reminds Member States of the need to implement their commitments through national action plans, strategies or other measures, developed jointly and effectively with indigenous representatives on the basis of the right of free, prior and informed consent, in particular to ensure the adequate training and availability of health professionals in indigenous communities as a matter of urgency.
Area of Work: Economic and Social Development, Free, Prior and Informed Consent (FPIC)
Addressee: IFAD
Paragraph Number: 71
Session: 21 (2022)
Full Text:
The Permanent Forum encourages the International Fund for Agricultural Development (IFAD) to continue its efforts in operationalizing the principle of free, prior and informed consent in its investments, including through the engagement of indigenous experts in project delivery teams.
Area of Work: Economic and Social Development, Free, Prior and Informed Consent (FPIC)
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
Paragraph Number: 30
Session: 15 (2016)
Full Text:
Taking into account the challenges faced by States in the implementation of their international obligation to consult with and obtain the free, prior and informed consent of indigenous peoples, the Permanent Forum commits itself to developing an international guide to facilitate the implementation of these principles in accordance with the standards established in the United Nations Declaration. The Forum invites the Expert Mechanism on the Rights of Indigenous Peoples and the Special Rapporteur on the rights of indigenous peoples to collaborate on this initiative.
Area of Work: Human rights, 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: UN Human Rights Council
Paragraph Number: 22
Session: 21 (2022)
Full Text:
The Permanent Forum recalls that, to ensure effective implementation, the Guiding Principles on Business and Human Rights must be aligned with the United Nations Declaration on the Rights of Indigenous Peoples, the Indigenous and Tribal Peoples Convention, 1989 (No. 169), of ILO, the Regional Agreement on Access to Information, Public Participation and Justice in Environmental Matters in Latin America and the Caribbean, known as the Escazú Agreement, and the jurisprudence of the human rights treaty bodies. Furthermore, the Permanent Forum recognizes the work of the Human Rights Council to develop an international legally binding instrument to regulate, in international human rights law, the activities of transnational corporations and other business enterprises. In that respect, the Permanent Forum stresses the need to ensure that the new instrument affirms indigenous peoples’ rights, including with regard to free, prior and informed consent. The Permanent Forum recommends that this instrument explicitly define due diligence processes and their specific methods of implementation. Therefore, the Permanent Forum underlines the importance of full and effective participation by indigenous peoples throughout the development of the instrument.
Area of Work: Human rights, Free, Prior and Informed Consent (FPIC)
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: UN System
Paragraph Number: 70
Session: 16 (2017)
Full Text:
In accordance with the outcome document of the high-level plenary meeting of the General Assembly known as the World Conference on Indigenous Peoples and the system-wide action plan, all funds, programmes and specialized agencies are urged to adopt policies to inform their work with indigenous peoples that include indigenous peoples’ right to self-determination and free, prior and informed consent. Progress achieved will be discussed at future sessions of the Permanent Forum.
Area of Work: Free, Prior and Informed Consent (FPIC)
Addressee: UN entities
Paragraph Number: 98
Session: 21 (2022)
Full Text:
The Permanent Forum calls on United Nations entities to elevate the discussion on indigenous peoples to the highest possible governance level of their entities in order to ensure system-wide ownership and support for indigenous peoples’ rights. It encourages the focal points of United Nations entities to facilitate the commencement of dialogues between the Permanent Forum and the heads of the entities. The objective of such dialogues could include reviews of the entities’ internal policies and safeguards guaranteeing the right to self-determination of indigenous peoples, respect for their free, prior and informed consent and due diligence in accordance with the United Nations Declaration on the Rights of Indigenous Peoples and other relevant international standards by the end of 2022
Area of Work: Free, Prior and Informed Consent (FPIC)
