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Addressee: Australia, Colombia
Paragraph Number: 39
Session: 8 (2009)
Full Text:
The Permanent Forum recognizes and commends Australia and Colombia for changing their positions by endorsing the United Nations Declaration on the Rights of Indigenous Peoples, and calls upon the remaining States that are opposed to it, as well as those abstaining, to reverse their positions and endorse the Declaration so as to achieve full consensus.
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
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, State-owned corporations
Paragraph Number: 62
Session: 7 (2008)
Full Text:
The Permanent Forum urges States and State-owned corporations to consult and cooperate in good faith with the indigenous peoples concerned in order to obtain their free, prior and informed consent before the approval of any policies, plans and projects affecting their lands or territories and other resources, particularly in connection with the development, utilization or exploitation of minerals, water and other resources, in accordance with the United Nations Declaration on the Rights of Indigenous Peoples.
Area of Work: Human rights
Addressee: Member States, Donor Agencies, IPOs, NGOs, Intergovernmental Organisations, OHCHR and UN agencies
Paragraph Number: 39
Session: 6 (2007)
Full Text:
The Permanent Forum welcomes the initiative taken by indigenous peoples’ organizations, States non-governmental organizations and OHCHR to improve the visibility of the situations faced by indigenous peoples in voluntary isolation and initial contact and recent efforts to respect and protect the rights of these peoples, particularly in the Amazon and Chaco regions of South America and the Andaman and Nicobar islands in India, including the Penan peoples of the forests of Sarawak in Malaysia. The Permanent Forum highlights, in particular, the Santa Cruz de la Sierra Appeal (“Llamamiento de Santa Cruz de la Sierra”), which was the outcome of the regional seminar on indigenous peoples in voluntary isolation and in initial contact of the Amazon Basin and El Chaco held from 20 to 22 November 2006 in Santa Cruz de la Sierra, Bolivia, with the sponsorship of OHCHR, the Indigenous Work Group for Indigenous Affairs and the Confederacion Indigena del Oriente de Boliva, and with the support of the Government of Bolivia, and the partnership of Denmark, Norway and Spain. The Permanent Forum recommends that OHCHR, other international agencies and States, in partnership with indigenous peoples’ organizations and non-governmental organizations, further replicate and follow up similar initiatives in order to achieve and consolidate sustained long-term policies, mechanisms and procedures that can assure the security and self-determined livelihoods of these peoples, including the guarantee of the inviolability of their territories and natural resources.
Area of Work: Human rights
Paragraph Number: 62
Session: 18 (2019)
Full Text:
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.
Area of Work: Human rights, Economic and Social Development
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: Government of Kenya
Paragraph Number: 62
Session: 20 (2021)
Full Text:
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.
Area of Work: Human rights
Addressee: Member States
Paragraph Number: 39
Session: 11 (2012)
Full Text:
Mindful of the human rights violations experienced by indigenous peoples, the Permanent Forum encourages States, in particular those in the Pacific region, to recognize and implement the basic fundamental human rights articulated in the Declaration, particularly the right to self-determination.
Area of Work: Human rights
Addressee: Member States
Paragraph Number: 62
Session: 11 (2012)
Full Text:
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.
Area of Work: Human rights, Economic and Social Development
Addressee: DPKO, Regional peacekeeping forces
Paragraph Number: 62
Session: 15 (2016)
Full Text:
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.
Area of Work: Human rights
Addressee: UN agencies and intergovernmental agencies
Paragraph Number: 39
Session: 10 (2011)
Full Text:
Given the importance of the full range of the human rights of indigenous peoples, including traditional knowledge, culturally appropriate procedures to ensure communication, information, and scheduling, the Permanent Forum calls on all United Nations agencies and intergovernmental agencies to implement policies, procedures and mechanisms that ensure the right of indigenous peoples to free, prior and informed consent consistent with their right to self-determination as reflected in common article 1 of the International Covenants on Civil and Political Rights and on Economic, Social and Cultural Rights, which makes reference to permanent sovereignty over natural resources.
Area of Work: Human rights
