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Addressee: UN system/UN agencies
Paragraph Number: 137
Session: 7 (2008)
Full Text:
The Permanent Forum requests that the specialized agencies of the United Nations, in accordance with articles 41 and 42 of the United Nations Declaration on the Rights of Indigenous Peoples, review their policies and programmes in order to comply with the provisions contained in the Declaration ensuring respect for the right to self-determination of indigenous peoples and the right to free, prior and informed consent.
Area of Work: Human rights
Addressee: Member States
Paragraph Number: 62
Session: 13 (2014)
Full Text:
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.
Area of Work: Human rights
Addressee: Human Rights Committee
Paragraph Number: 42
Session: 9 (2010)
Full Text:
The Permanent Forum suggests that the Human Rights Committee also interpret the International Covenant on Civil and Political Rights taking into account the provisions of the United Nations Declaration on the Rights of Indigenous Peoples. In particular, the Committee should review its General Comment No. 12 (1984) on the right to self-determination (article 1 of the Covenant) and No. 23 (1994) on the rights of persons belonging to minorities (article 27 of the Covenant) taking into account article 3 and other relevant provisions of the Declaration. In addition, in accordance with the terms of General Comment No. 12, the Committee should request State parties to the Covenant to report on their compliance with their obligations regarding the right of all peoples, including indigenous peoples, to self-determination and related rights. The Committee should request that State parties prepare the relevant sections of their reports on the implementation of the Covenant in consultation and cooperation with indigenous peoples.
Area of Work: Human rights
Addressee: Plurinational State of Bolivia
Paragraph Number: 62
Session: 9 (2010)
Full Text:
The Permanent Forum recommends that the Plurinational State of Bolivia should continue to link its policies for the freeing of individuals and the recovery of lands in the Chaco region with a view to the territorial reconstitution of the Guaraní people, which both the Government and APG consider the ultimate objective.
Area of Work: Human rights
Addressee: UN agencies funds and programmes
Paragraph Number: 42
Session: 17 (2018)
Full Text:
The Permanent Forum recommends that agencies, funds and programmes of the United Nations system, in collaboration with indigenous peoples ’ organizations, monitor the high levels of global violence and threats directed at indigenous women human rights defenders. The Forum calls for an immediate halt to the criminalization,
incarceration, intimidation, coercion and assassination of, and death threats to, all indigenous human and environmental rights defenders.
Area of Work: Indigenous Women, 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
Paragraph Number: 42
Session: 3 (2004)
Full Text:
The Forum recommends that Governments:
(a) Respect the fundamental rights of indigenous peoples, in particular women and children, and ensure that they are able to exercise these rights in accordance with international human rights standards;
(b) Include relevant information on the rights of indigenous peoples, in particular indigenous women, in the reports presented to the Committee on the Elimination of All Discrimination against Women and other relevant human rights bodies;
(c) Create mechanisms to ensure access to legal processes, especially for indigenous women, to enable them to take advantage of available juridical instruments including free legal aid, in cases of violations of their fundamental rights;
(d) Encourage the appointment of qualified indigenous women to decision-making positions in the areas of administration and public service.
Area of Work: 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: OHCHR, UNICEF, UN Agencies and Member States
Paragraph Number: 42
Session: 13 (2014)
Full Text:
The Permanent Forum acknowledges the entry into force on 14 April 2014 of the Optional Protocol to the Convention on the Rights of the Child on a communications procedure. In this regard, it recommends that the Office of the United Nations High Commissioner for Human Rights, the United Nations Children’s Fund, other United Nations agencies and States support the dissemination of the guide to this Optional Protocol, including its translation into different languages and the building of capacity among indigenous organizations and institutions to make effective use of the Optional Protocol in promoting and protecting the rights of indigenous children and youth.
Area of Work: Human rights, Indigenous Children and Youth
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
Paragraph Number: 42
Session: 6 (2007)
Full Text:
The Permanent Forum recommends that the World Health Organization (WHO), the Pan American Health Organization (PAHO), the United Nations Children’s Fund (UNICEF), States, non-governmental organizations and indigenous peoples’ organizations join efforts in implementing appropriate expert health-care actions to prevent disastrous disease problems affecting indigenous peoples in voluntary isolation and recent contact, and consider adopting rapid-effect emergency procedures in situations where the health situation is critical, as it is at present in the Javari Valley in Brazil.
Area of Work: Health, 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
