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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: 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: 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: 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)
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: 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: 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)
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
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: 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)
