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Addressee: Special Rapporteur Tonya Gonnella Frichner
Paragraph Number: 78
Session: 8 (2009)
Full Text:
The Permanent Forum decides to appoint as Special Rapporteur Ms Tonya Gonnella Frichner, a member of the Forum to conduct a preliminary study on the impact of the international legal construct known as the Doctrine of Discovery on Indigenous Peoples that has served as the foundation of the violation of their human rights and to report thereon to the Forum at its ninth session, in 2010.
Area of Work: Human rights
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, NHRIs
Paragraph Number: 74
Session: 16 (2017)
Full Text:
Many States have established mechanisms to protect human rights. However, the Permanent Forum is concerned that such mechanisms might prioritize individual rights over collective rights. It calls upon States, in cooperation with national human rights institutions, to comply with their commitments made in the outcome document of the 2014 World Conference on Indigenous Peoples, with the aim of achieving the full enforcement of the collective rights of indigenous peoples.
Area of Work: Human rights
Addressee: Member States
Paragraph Number: 27
Session: 16 (2017)
Full Text:
The Permanent Forum continues to hear numerous accounts from indigenous peoples who are threatened by alien commercial ventures, militarization and administrative decisions that interfere with their governance over their lands, territories and resources and ultimately inhibit their capacity for sustainable development and well-being for future generations. The Forum strongly recommends that such disputes be considered in accordance with article 27 of the United Nations Declaration on the Rights of Indigenous Peoples and paragraph 21 of the outcome document of the World Conference on Indigenous Peoples, ensuring that a mechanism exists that provides for fair, independent, impartial, open and transparent adjudication. Any mechanism established for adjudication of disputes over indigenous peoples’ lands, territories and resources should be agreed upon between States and indigenous peoples.
Area of Work: Human rights
Addressee: UNICEF
Paragraph Number: 72
Session: 10 (2011)
Full Text:
The Permanent Forum recommends that UNICEF continue to gather data on the issue of children and migration and information on the effects of migration on children, recognizing in particular the situation of indigenous children, the risks of serious exploitation, such as trafficking in human beings for various purposes, and the restoration of rights to victims and vulnerable children, such as street children, through all country-level programmes.
Area of Work: Indigenous Children and Youth
Paragraph Number: 39
Session: 18 (2019)
Full Text:
The Permanent Forum recommends that the specialist group on indigenous peoples, customary and environmental law and human rights within the Commission on Environmental, Economic and Social Policy of the International Union for Conservation of Nature host a series of regional meetings to discuss the development of standards for the conservation of indigenous peoples’ lands and waters by 2020, together with indigenous peoples, NGOs and other stakeholders, in consultation with the Forum, United Nations special rapporteurs and the Expert Mechanism on the Rights of Indigenous Peoples.
Area of Work: Environment, Human Rights
Addressee: Member States
Paragraph Number: 68
Session: 4 (2005)
Full Text:
The Forum recommends that Member States review their constitutions with respect to the recognition of the existence and rights of indigenous peoples, with the effective participation of indigenous peoples
Area of Work: Human rights
Addressee: Human Rights Council, OHCHR
Paragraph Number: 67
Session: 5 (2006)
Full Text:
In anticipation of the first session of the Human Rights Council, the Permanent Forum recommends that indigenous issues be a standing item in the agenda of the Human Rights Council and that due attention be paid to the human rights and fundamental freedoms of indigenous peoples. The role of the Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous people should be maintained and further strengthened within the Human Rights Council.
Area of Work: Human rights
Addressee: UNICEF
Paragraph Number: 9
Session: 2 (2003)
Full Text:
The Forum is deeply concerned that particular problems and discrimination are faced by indigenous children and youth, including in the areas of education, health, culture, extreme poverty, mortality, incarceration, labour and other relevant areas. The Forum notes the need for new indicators to be developed by the United Nations that will specifically target those problems, and in that regard invites UNICEF to develop such new indicators and share them with other entities of the United Nations system, especially UNESCO.
Area of Work: Indigenous Children and Youth
Addressee: OHCHR
Paragraph Number: 012 (Session 9 Appendix)
Session: 8 (2009)
Full Text:
The Permanent Forum recommends that OHCHR produce a periodic electronic bulletin on relevant activities regarding the rights of indigenous peoples, including decisions and observations by United Nations human rights mechanisms regarding States under review, and its activities at the regional or local levels and other events.
Area of Work: Human rights
Addressee: Member States
Paragraph Number: 49
Session: 12 (2013)
Full Text:
Recalling the recommendations made in paragraphs 4 to 11 of the report on its tenth session (E/2011/43-E/C.19/2011/14 and Corr.1) and the adoption of the United Nations Declaration on the Rights of Indigenous Peoples, the Permanent Forum expresses alarm regarding the contemporary application of the erroneous and discredited “doctrine of discovery” and its underlying assumptions, which promote the purported inferiority of indigenous peoples. This doctrine was applied in June 2012 by the British Columbia Court of Appeal to deny the land rights and title of the Tsilhqot’in to their traditional lands and territories by stating that “European explorers considered that by virtue of the ‘principle of discovery’ they were at liberty to claim territory in North America on behalf of their sovereigns”. The Forum strongly recommends that States, human rights bodies and judiciaries denounce the “doctrine of discovery” and discontinue its use and application.
Area of Work: Human rights
Addressee: ASEAN, SAARC
Paragraph Number: 102
Session: 6 (2007)
Full Text:
The Permanent Forum calls upon the member States of the Association of Southeast Asian Nations (ASEAN) and the South Asian Association for Regional Cooperation (SAARC) to recognize the collective rights of indigenous peoples, and calls on ASEAN to ensure that the rights of indigenous peoples are integrated into the development process of the ASEAN charter.
Area of Work: Human rights
