Welcome to the United Nations
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Addressee: Member States
Paragraph Number: 49
Session: 21 (2022)
Full Text:
The Permanent Forum regrets the very high incarceration rates of indigenous peoples globally, which contributes to poor health, poverty and untimely death, including in indigenous families and communities. States are reminded of their obligations under the International Covenant on Civil and Political Rights, the International Convention on the Elimination of All Forms of Racial Discrimination and the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, and should therefore address this issue urgently by reducing the incarceration and eliminating the cruel, inhuman and degrading treatment or punishment of indigenous peoples by justice systems.
Area of Work: Human rights
Addressee: UN Human Rights Council
Paragraph Number: 22
Session: 21 (2022)
Full Text:
The Permanent Forum recalls that, to ensure effective implementation, the Guiding Principles on Business and Human Rights must be aligned with the United Nations Declaration on the Rights of Indigenous Peoples, the Indigenous and Tribal Peoples Convention, 1989 (No. 169), of ILO, the Regional Agreement on Access to Information, Public Participation and Justice in Environmental Matters in Latin America and the Caribbean, known as the Escazú Agreement, and the jurisprudence of the human rights treaty bodies. Furthermore, the Permanent Forum recognizes the work of the Human Rights Council to develop an international legally binding instrument to regulate, in international human rights law, the activities of transnational corporations and other business enterprises. In that respect, the Permanent Forum stresses the need to ensure that the new instrument affirms indigenous peoples’ rights, including with regard to free, prior and informed consent. The Permanent Forum recommends that this instrument explicitly define due diligence processes and their specific methods of implementation. Therefore, the Permanent Forum underlines the importance of full and effective participation by indigenous peoples throughout the development of the instrument.
Area of Work: Human rights, Free, Prior and Informed Consent (FPIC)
Addressee: OAS
Paragraph Number: 27
Session: 20 (2021)
Full Text:
The Permanent Forum recommends that the Organization of American States establish a consultation mechanism, composed of experts from indigenous peoples, as part of the effort to ensure national implementation of the American Declaration on the Rights of Indigenous Peoples, the United Nations Declaration on the Rights of Indigenous Peoples and the Indigenous and Tribal Peoples Convention, 1989 (No. 169).
Area of Work: Methods of Work, Human Rights
Addressee: UN agencies, Member States
Paragraph Number: 22
Session: 11 (2012)
Full Text:
The Forum welcomes the participation and perspective of indigenous women and girls with disabilities, recognizes the distinct vulnerability and marginalization that such indigenous individuals encounter as members of an indigenous group, and encourages United Nations agencies, and Governments and organizations, to include their views.
Area of Work: Indigenous Women, Human Rights
Addressee: Member States, UN agencies, SPFII
Paragraph Number: 49
Session: 10 (2011)
Full Text:
The Permanent Forum calls upon all member States and United Nations agencies to respond to the annual questionnaire from the secretariat of the Permanent Forum in order to provide information on reliable practices that lead to the full and effective implementation of the Declaration. Further, the Forum recommends that the secretariat of the Permanent Forum include questions that particularly focus on indigenous children and youth.
Area of Work: Human rights, Methods of Work
Addressee: Member States
Paragraph Number: 22
Session: 6 (2007)
Full Text:
The Permanent Forum recommends that States take effective measures to halt land alienation in indigenous territories, for example, through a moratorium on the sale and registration of land, including the granting of land and other concessions in areas occupied by indigenous peoples, and also to assist indigenous communities, where appropriate, to register as legal entities.
Area of Work: Human rights, Economic and Social Development
Addressee: OHCHR
Paragraph Number: 49
Session: 3 (2004)
Full Text:
The Forum takes note of the recommendations of the Special Rapporteur on the human rights and fundamental freedoms of indigenous peoples following his latest visits to Chile, Colombia and Mexico. The Forum calls upon the Office of the High Commissioner to elaborate technical cooperation programmes to assist in the implementation of the recommendations.
Area of Work: Human rights
Addressee: Bangladesh
Paragraph Number: 22
Session: 16 (2017)
Full Text:
Recalling the recommendations made by the Special Rapporteur appointed to undertake a study on the status of implementation of the Chittagong Hill Tracts Accord of 1997 (E/C.19/2011/6, sect. VIII), and given that the situation of the indigenous peoples of the Chittagong Hill Tracts remains a matter of concern, the Forum encourages the Government of Bangladesh to allocate sufficient human and financial resources and set a time frame for the full implementation of the Accord.
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: Academics, IPOs and NGOs
Paragraph Number: 27
Session: 6 (2007)
Full Text:
The Permanent Forum recommends that non-governmental organizations, indigenous peoples’ organizations and academics undertake independent studies and investigations into the violations of indigenous peoples’ land rights through illegal land expropriation and exploitation and into the issue of land, forestry, tourism and mining concessions, including:(a)Recommendations on how the rights of indigenous peoples can be legally protected;(b)The degree to which Governments ensure free, prior and informed consent of indigenous peoples in the approval of land concessions and mining exploration licences over their traditional lands and forests;(c)The role of other States in the promotion of agri-business and extractive industries without the free, prior and informed consent of indigenous peoples;(d)The role of multinational agri-business and extractive industries; specifically, whether corporate social responsibilities have been fulfilled and social and environmental impact assessments have been undertaken prior to the commencement of development projects.
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
Paragraph Number: 22
Session: 14 (2015)
Full Text:
Consistent with article 10 of the United Nations Declaration, the Permanent Forum calls upon Member States and human rights institutions to consider examining, in conjunction with the Special Rapporteur on the rights of indigenous peoples and other mandate holders, the forced relocation of indigenous communities.
Area of Work: Human rights
