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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: 40
Session: 6 (2007)
Full Text:
The Permanent Forum recommends that OHCHR conduct in 2007, in consultation with indigenous peoples’ organizations, non-governmental organizations, experts, States and multilateral and bilateral agencies, the formulation of guidelines directed to all actors, both governmental and non-governmental, dealing with the respect and protection of the rights of indigenous peoples in voluntary isolation and initial contact.
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
Paragraph Number: 40
Session: 18 (2019)
Full Text:
The Permanent Forum urges the member organizations of the Conservation Initiative on Human Rights to commission independent evaluations of the impact of their organizations’ work on indigenous peoples.
Area of Work: Environment, 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 , IPOs, UN systems, Donors
Paragraph Number: 40
Session: 5 (2006)
Full Text:
Considering the commitment made by the World Bank at the Conference on Poverty Reduction and Indigenous Peoples (New York, 9 and 10 May 2006) to further explore inter-agency mechanisms to support the inclusion of indigenous peoples in national poverty reduction strategies in a limited number of pilot countries, the Permanent Forum recommends that Governments, indigenous organizations, United Nations organizations and bilateral donors fully contribute to that initiative and report back to the Permanent Forum on the progress made and the opportunities and limitations encountered, with a view to replicating the initiative in other countries.
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
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
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: UNPFII
Paragraph Number: 40
Session: 10 (2011)
Full Text:
The Permanent Forum confirms its intention to participate in the 35th session of the World Heritage Committee (Paris, 19 to 29 June 2011). The objective of such participation is to encourage a review of existing procedures with regard to rights-related mechanisms, norms and standards in the preparation and processing of world heritage nominations by States parties.
Area of Work: Human rights
Addressee: DPKO, Regional peacekeeping forces
Paragraph Number: 62
Session: 15 (2016)
Full Text:
Owing to the particular vulnerability of indigenous peoples in conflict situations, the Permanent Forum recommends that the Department of Peacekeeping Operations of the Secretariat and regional peacekeeping forces factor the protection of indigenous peoples into analysis, planning and guidance on the protection of civilians.
Area of Work: Human rights
