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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
Paragraph Number: 29
Session: 20 (2021)
Full Text:
Given increased violence against indigenous peoples in the Amazon region, the Permanent Forum urges the Member States of the region to take urgent, extraordinary and coordinated measures to protect the individual and collective rights of indigenous peoples, with the aim of maintaining their ownership and use of their territories. The Forum also calls upon the United Nations system and specialized agencies, including OHCHR, the United Nations Environment Programme, the United Nations Development Programme (UNDP), the Food and Agriculture Organization of the United Nations (FAO) and ILO, to support Member States in the protection of indigenous peoples’ habitats and cultures in the Amazon region in cooperation with indigenous peoples.
Area of Work: Human rights, Environment, Health, Culture
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: UNICEF
Paragraph Number: 91
Session: 5 (2006)
Full Text:
The Permanent Forum supports the work of the Committee on the Rights of the Child in its current effort to draft a general comment on the status of indigenous children worldwide, supports the Committee’s effort to secure broad input from indigenous peoples and encourages wide dissemination of the final report to indigenous peoples, States and United Nations bodies and agencies.
Area of Work: Human rights
Addressee: Member States
Paragraph Number: 29
Session: 12 (2013)
Full Text:
The Permanent Forum recognizes that many positive developments regarding the recognition of indigenous peoples and the need to protect and promote their rights have occurred over the past years and welcomes the leading role of the African Commission on Human and Peoples’ Rights and the Working Group on Indigenous Populations/Communities in Africa in recognizing indigenous peoples on the African continent and promoting their rights. Several African countries have also contributed to the development of the recognition of indigenous peoples. The Forum notes with appreciation the ratification in 2010 by the Central African Republic of the International Labour Organization (ILO) Convention concerning Indigenous and Tribal Peoples in Independent Countries (Convention No. 169); the passage by the Congo of Law No. 5-2011, on the promotion and protection of indigenous populations, and the establishment of a legal platform to address the situation of indigenous peoples in the country; the constitutional progress in Kenya in 2010; and the introduction of quotas for the Batwa indigenous people in Burundi and Rwanda. The practice by African States of supporting indigenous peoples’ rights is developing and should be encouraged.
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: World Congress of Protected Areas
Paragraph Number: 91
Session: 7 (2008)
Full Text:
The Permanent Forum takes note of the upcoming World Congress of Protected Areas, to be held in Barcelona in October 2008. The Forum reiterates its recommendation to the 2003 World Congress of Protected Areas. The Forum requests that the United Nations Declaration on the Rights of Indigenous Peoples be duly considered in the deliberations and results of the World Congress on Protected Areas, and that its participating organizations address the issues of restitution and free, prior and informed consent of indigenous peoples for conservation activities affecting indigenous lands and territories, sacred sites and indigenous peoples’ conservation activities.
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: Human Rights Council
Paragraph Number: 91
Session: 6 (2007)
Full Text:
The Permanent Forum recommends that the Human Rights Council include, where appropriate, the question of treaties, agreements and other constructive arrangements pertaining to indigenous peoples when undertaking its universal periodic review of States members.
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
