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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: 47
Session: 21 (2022)
Full Text:
The Permanent Forum welcomes the first meeting of Escazú Agreement. The Escazú Agreement is the first instrument that includes provisions on the protection of human rights defenders in environmental matters. The Permanent Forum urges States parties to ensure implementation of the Agreement and invites them to establish mechanisms for the full and effective participation of indigenous peoples in the work thereof. The Permanent Forum reiterates its invitation to countries that have not yet signed or ratified the Agreement to do so.
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: WIPO
Paragraph Number: 47
Session: 11 (2012)
Full Text:
The Permanent Forum demands that WIPO recognize and respect the applicability and relevance of the Declaration as a significant international human rights instrument that must inform the Intergovernmental Committee process and the overall work of WIPO. The minimum standards reflected in the Declaration must either be exceeded or directly incorporated into any and all WIPO instruments that directly or indirectly impact the human rights of indigenous peoples.
Area of Work: Traditional Knowledge, 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
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
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: 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: Member States, UN System, OHCHR
Paragraph Number: 62
Session: 4 (2005)
Full Text:
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.
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: 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: Member States
Paragraph Number: 47
Session: 9 (2010)
Full Text:
The Permanent Forum recommends that all States with indigenous peoples review their legislation, policies and programmes in accordance with the United Nations Declaration on the Rights of Indigenous Peoples and the Programme of Action for the Second International Decade of the World’s Indigenous People.
Area of Work: Human rights
