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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)
Addressee: UN entities
Paragraph Number: 92
Session: 18 (2019)
Full Text:
With a view to assessing the effectiveness of the implementation of policies on indigenous peoples, the Permanent Forum recommends to the United Nations entities that carry out free, prior and informed consent processes to develop a system for comprehensively documenting these processes.
Area of Work: Methods 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: Bolivia, Member States
Paragraph Number: 68
Session: 17 (2018)
Full Text:
The Permanent Forum reiterates its call to Member States to establish mechanisms and processes for comprehensive dialogue and consultations with indigenous peoples in order to obtain their free, prior and informed consent in relation to any project that will have an impact on their territories and resources. In this regard, the Forum expresses concern regarding the lack of consultation by the Government of the Plurinational State of Bolivia with the indigenous peoples who will be affected by the mega-hydroelectric project of El Bala-Chepete and Rositas, including the Guarani, Mosetén, Tacana, Tsimané, Leco, Ese Ejja and Uchupiamona peoples. The Forum urges the Government of the Plurinational State of Bolivia to respect the fundamental rights of indigenous peoples and ensure that they are able to exercise their rights in accordance with international human rights standards.
Area of Work: Free, Prior and Informed Consent (FPIC), lands and resources
Addressee: FAO, WHO
Paragraph Number: 82
Session: 21 (2022)
Full Text:
The Permanent Forum calls on FAO and WHO to amend the International Code of Conduct on Pesticide Management to take into account the free, prior and informed consent of indigenous peoples.
Area of Work: Free, Prior and Informed Consent (FPIC)
Addressee: Member States, Private sector
Paragraph Number: 73
Session: 16 (2017)
Full Text:
Many indigenous peoples described situations where their human rights were being impacted by large-scale infrastructure projects, natural resource extraction and industrial agriculture activities in their territories without their free, prior and informed consent. The Permanent Forum received information to that effect from the Shuar, Sapara, Maasai and Ogaden peoples, among others. The Forum is concerned, in particular, by cases where it appears that the interests of investors are better protected than the rights of indigenous peoples. It reiterates that States and the private sector must respect the human rights of indigenous peoples by ensuring the effective implementation of the United Nations Declaration on the Rights of Indigenous Peoples and the Guiding Principles on Business and Human Rights.
Area of Work: Human rights, 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: 20
Session: 17 (2018)
Full Text:
"The Permanent Forum urges States to provide information to it on developments relating to the collective rights of indigenous peoples and constructive agreements with indigenous peoples at its eighteenth session, including the following: (a) Effective measures taken to halt land alienation in the territories of indigenous peoples; (b) Financial and technical assistance provided to indigenous peoples to map the boundaries of their communal lands; (c) Legal and policy frameworks that have been implemented for the registration of collective titles; (d) National legislation adopted with the free, prior and informed consent of indigenous peoples when such legislation involves their territories, lands and natural resources."
Area of Work: Free, Prior and Informed Consent (FPIC), lands and resources
Addressee: WHO
Paragraph Number: 78
Session: 21 (2022)
Full Text:
The Permanent Forum recommends that the WHO incorporate indigenous peoples’ cultures into the social determinants of health policies. The Permanent Forum urges WHO to review, update and expand its policy on indigenous peoples’ health. The Permanent Forum invites WHO to contribute to the work of the Permanent Forum at its twenty-second session on the health of indigenous peoples.
Area of Work: Free, Prior and Informed Consent (FPIC)
