The Permanent Forum welcomes the study entitled “Free, prior and informed consent: a human rights-based approach” (A/HRC/39/62), prepared by the Expert Mechanism on the Rights of Indigenous Peoples. It encourages Member States, United Nations entities, including the International Labour Organization (ILO) and the World Bank, regional development banks, the private sector, civil society organizations and other stakeholders, to use the study as guidance for understanding the principle of free, prior and informed consent when working on issues of concern to indigenous peoples. The Forum also encourages indigenous peoples to use the study to guide the development of their own community protocols on free, prior and informed consent for engaging with these stakeholders.
The Permanent Forum recognizes the importance of exploring possibilities for strengthening cooperation with the human rights treaty bodies on issues of relevance to its mandate. The Permanent Forum therefore invites the Chairs of the human rights treaty bodies each to designate a representative to participate in the twenty-second session of the Permanent Forum, to be held in 2023.
The Permanent Forum is concerned that the ruling of the African Court on Human and Peoples’ Rights on the Ogiek community in the Mau forest in Kenya has still not been implemented and calls on the Government of Kenya to urgently implement a sustainable system of equitable land tenure to prevent any further forced evictions; publish without delay the recommendations of the task force to advise the Government on the implementation of the decision of the African Court on Human and Peoples’ Rights in respect of the rights of the Ogiek community of Mau; enhance the participation of indigenous communities in the sustainable management of forests; and comply with the decision of the Court.
The Permanent Forum urges all States, when addressing situations of violence and abuse within indigenous communities, to do so on a non-discriminatory basis and consistent with human rights standards, the principle of free, prior and informed consent, and the full and effective participation of the indigenous peoples concerned.ries, sacred sites and indigenous peoples’ conservation activities.
According to articles 25 to 36 of the Declaration, States shall uphold the right to the free, prior and informed consent of indigenous peoples and avoid, minimize and adjudicate disputes concerning land, territory or resources arising from extractive industries, large-scale water, energy and infrastructure projects, and agricultural investments.
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.
Owing to the particular vulnerability of indigenous peoples in conflict situations, the Permanent Forum recommends that the Department of Peacekeeping Operations of the Secretariat and regional peacekeeping forces factor the protection of indigenous peoples into analysis, planning and guidance on the protection of civilians.
The Permanent Forum recommends that the Human Rights Council update and complete the United Nations study on treaties, agreements and other constructive arrangements between States and indigenous populations, including the possible appointment of a rapporteur to carry out this task and to provide regular reports to the Human Rights Council, the Permanent Forum and other appropriate bodies.
The Forum recommends that Member States, United Nations bodies and mechanisms, the Office of the United Nations High Commissioner for Human Rights and other parts of the United Nations system strengthen the machinery to address the urgent, gross and ongoing human rights violations, militarization of indigenous lands and systemic violence committed by Member States against indigenous peoples.
The Permanent Forum urges the Governments of Central and Eastern Europe, the Russian Federation, Central Asia and Transcaucasia regions to implement international standards and norms on the rights of indigenous peoples and ensure their rights to lands, territories and resources, in particular article 20 of the Declaration. This includes recognizing reindeer herders’ use and management of grazing land and use of necessary biological resources by hunters, fishers and foragers.
In accordance with article 42 of the United Nations Declaration on the Rights of Indigenous Peoples, the Permanent Forum urges States to conduct an independent audit of their constitutional and other laws, policies and programmes in order to assess their consistency with the Declaration and the International Convention on the Elimination of All Forms of Racial Discrimination, and to amend such laws, policies and programmes in order to remove all forms of discrimination. In particular, the Forum urges States to prioritize laws, policies and programmes that target hate speech and political and racial vilification.
The Forum appreciates the information provided by the Council of Europe on the ways in which indigenous issues have been addressed in that organization. The Forum recommends that other appropriate regional intergovernmental organizations provide it with information on the ways in which indigenous issues have been addressed in their respective mechanisms for the protection of human rights and invites them to establish contacts with the Forum and to extend their experience with other regions.