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.
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.
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.
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.
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.