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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: 61
Session: 22 (2023)
Full Text:

The Permanent Forum reiterates the regrets that it expressed at its twenty-first session regarding the very high and inhumane incarceration rates of Indigenous Peoples globally, which contribute to poor health, poverty and early and preventable deaths. The Permanent Forum repeats its previous recommendation to the Unit ed States of America on the grating of clemency to Leonard Peltier. Owing to his age and poor health, his release is a humanitarian imperative.

Area of Work: Human rights

Addressee: Tanzania

Paragraph Number: 61
Session: 21 (2022)
Full Text:

The Permanent Forum calls upon the Government of the United Republic of
Tanzania to immediately cease efforts to evict the Maasai people from the
Ngorongoro Conservation Area.

Area of Work: Human rights, lands and resources

Addressee: UN system

Paragraph Number: 40
Session: 11 (2012)
Full Text:

The Permanent Forum recommends that the full, effective and direct representation and participation of indigenous peoples, including their indigenous governments, councils, parliaments and other political institutions, should be ensured at all United Nations forums and multilateral and bilateral negotiations, and in the drafting processes of the corresponding emerging instruments, for example, those under discussion at the World Bank, the World Intellectual Property Organization (WIPO), the secretariat of the Convention on Biological Diversity. Such instruments must be harmonized with the Declaration, which is regarded as a reflection of the minimum human rights standards necessary for the promotion and protection of indigenous peoples, nations and communities. Such instruments should be consistent with or exceed those minimum standards.

Area of Work: Methods of Work, Human Rights

Addressee: Member States

Paragraph Number: 40
Session: 15 (2016)
Full Text:

Consistent with the commitments in the outcome document of the high-level meeting of the General Assembly known as the World Conference on Indigenous Peoples (General Assembly resolution 69/2) and the standards for indigenous peoples’ survival, dignity and well-being contained in the United Nations Declaration, the Permanent Forum recommends that States fully engage indigenous peoples in good-faith negotiations of treaties, agreements and other constructive arrangements on the basis of the unequivocal recognition of indigenous peoples’ rights to lands, territories and resources and to fully reject the extinguishment of indigenous rights in form or result. Furthermore, the Forum recommends that States address the call for full and effective redress for the loss of lands, territories and resources and State breaches of treaties, agreements and other constructive arrangements. The Forum reiterates the urgent need for States to institute, in conjunction with indigenous peoples, high-level oversight bodies to guide and oversee the conduct of negotiations and implementation of treaties, agreements and other constructive arrangements in the light of ongoing negotiation and implementation issues. Building on the recommendations advanced at the eleventh session of the Forum, States are encouraged to support the resolution of disputes between indigenous peoples by providing financial and other methods of support to achieve peaceful resolution.

Area of Work: Human rights, Lands and Resources
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
Paragraph Number: 40
Session: 4 (2005)
Full Text:

The Forum urges States, the United Nations system, international financial institutions, international and regional trade bodies (such as the World Trade Organization, Asia-Pacific Economic Cooperation and the Common Market of the South) to undertake social and human rights impact assessments of the globalization and liberalization of trade and investments on indigenous peoples' poverty situation

Area of Work: Human rights
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
Paragraph Number: 40
Session: 12 (2013)
Full Text:

The Permanent Forum acknowledges and accepts the study on the situation of indigenous persons with disabilities, with a particular focus on challenges faced with regard to the full enjoyment of human rights and inclusion in development (E/C.19/2013/6). The Forum recommends that the Committee on the Rights of Persons with Disabilities pay special attention, and take immediate action to respond, to the situation of indigenous persons and peoples with disabilities and encourage the United Nations system to facilitate the translation of the Convention on the Rights of Persons with Disabilities into indigenous and other languages.

Area of Work: Human rights
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: 40
Session: 8 (2009)
Full Text:

The Permanent Forum notes that the United Nations Declaration on the Rights of Indigenous Peoples is a human rights instrument irrespective of the position of individual States, and the Permanent Forum expects that its endorsement will further
imply its utilization as an effective guide for domestic public policy law and practice regarding indigenous peoples’ rights in consultation and cooperation with indigenous peoples themselves.

Area of Work: Human rights