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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: 48
Session: 21 (2022)
Full Text:
The Permanent Forum regrets the continuous killings, violence and harassment targeted at indigenous human rights defenders, including indigenous women, in the context of resisting mining and infrastructure projects and other such developments. The Permanent Forum therefore invites Member States to honour their human rights obligations. In this regard, the Permanent Forum welcomes General Assembly resolution 76/148 on the rights of indigenous peoples, in which States are urged to take necessary measures to ensure the rights, protection and safety of indigenous peoples, including indigenous leaders and indigenous human rights defenders, and to ensure that perpetrators are held accountable and that access to justice and remedy is guaranteed.
Area of Work: Human rights
Addressee: Member States
Paragraph Number: 48
Session: 21 (2022)
Full Text:
The Permanent Forum regrets the continuous killings, violence and harassment targeted at indigenous human rights defenders, including indigenous women, in the context of resisting mining and infrastructure projects and other such developments. The Permanent Forum therefore invites Member States to honour their human rights obligations. In this regard, the Permanent Forum welcomes General Assembly resolution 76/148 on the rights of indigenous peoples, in which States are urged to take necessary measures to ensure the rights, protection and safety of indigenous peoples, including indigenous leaders and indigenous human rights defenders, and to ensure that perpetrators are held accountable and that access to justice and remedy is guaranteed.
Area of Work: Human Rights
Paragraph Number: 31
Session: 20 (2021)
Full Text:
Member States must urgently address violence against indigenous peoples, including State violence, gender-based violence, forced assimilation and forced child removals, discrimination in the justice system and other forms of discrimination, including discrimination based on gender, religion, disability, age and LGBTIQ identity. The Forum encourages the Expert Mechanism, at its earliest convenience, to engage with the Governments of Australia and New Zealand, and with the participation of indigenous peoples, regarding the removal of indigenous children.
Area of Work: Human rights, Indigenous Women and Girls, Indigenous Children and Youth
Addressee: United States
Paragraph Number: 31
Session: 15 (2016)
Full Text:
Mauna Kea, the sacred mountain for native Hawaiians, is currently targeted for the placement of an international observatory featuring a 30-metre telescope. Such an activity inhibits and is contrary to the rights articulated in articles 11 and 12 of the United Nations Declaration. In addition, the Permanent Forum strongly recommends that the free, prior and informed consent of native Hawaiians be recognized.
Area of Work: Human rights, Free, Prior and Informed Consent (FPIC)
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: SRVAW, its causes and consequences; SRIP
Paragraph Number: 48
Session: 3 (2004)
Full Text:
The Forum expresses its appreciation to the Special Rapporteur on violence against women, its causes and consequences, and the Special Rapporteur on the human rights and fundamental freedoms of indigenous peoples for their participation at its third session, and recommends that they pay special attention to the factors contributing to violence against indigenous women, especially domestic violence and sexual abuse.
Area of Work: Human rights
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: ILO, Member States
Paragraph Number: 48
Session: 12 (2013)
Full Text:
The Permanent Forum reiterates its recommendation to ILO to accommodate and guarantee the direct participation of indigenous peoples’ organizations in ILO procedures, in particular those relating to compliance with the ILO Convention concerning the Protection and Integration of Indigenous and Other Tribal and Semi-Tribal Populations in Independent Countries (Convention No. 107) and the ILO Convention concerning Indigenous and Tribal Peoples in Independent Countries (Convention No. 169) and their corresponding supervisory mechanisms. The Forum reiterates its call upon Member States to accede to the ILO Convention concerning Indigenous and Tribal Peoples in Independent Countries (Convention No. 169).
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, 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
