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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
Addressee: Member States, WIPO
Paragraph Number: 61
Session: 20 (2021)
Full Text:
Acknowledging the normative work of the Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore of the World Intellectual Property Organization (WIPO), the Permanent Forum recommends that Member States and WIPO ensure protection against the misappropriation of the intellectual property of indigenous peoples. Member States must also enact laws and adopt policies and mechanisms to protect indigenous peoples’ intellectual property from misappropriation, including the wrongful use of their cultural heritage and traditional knowledge (including traditional knowledge of nature) and traditional cultural expressions (such as oral traditions, rites, literatures, graphic designs, textile designs, traditional sports and games, and visual and performing arts) and the manifestation of indigenous science and technology (including human and genetic resources, seeds and medicines).
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: 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
Addressee: International Community
Paragraph Number: 61
Session: 15 (2016)
Full Text:
The Permanent Forum urges the international community to support the peace process in Mali and establish an independent monitoring committee that, in accordance with articles 7 and 37 of the United Nations Declaration, would oversee the implementation of the peace agreement of 20 June 2015, with the effective and representative participation of the Tuareg peoples.
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: Member States
Paragraph Number: 62
Session: 13 (2014)
Full Text:
In accordance with article 42 of the United Nations Declaration on the Rights of Indigenous Peoples, the Permanent Forum urges States to conduct an independent audit of their constitutional and other laws, policies and programmes in order to assess their consistency with the Declaration and the International Convention on the Elimination of All Forms of Racial Discrimination, and to amend such laws, policies and programmes in order to remove all forms of discrimination. In particular, the Forum urges States to prioritize laws, policies and programmes that target hate speech and political and racial vilification.
Area of Work: Human rights
Addressee: Plurinational State of Bolivia
Paragraph Number: 61
Session: 9 (2010)
Full Text:
The Permanent Forum recommends that the Plurinational State of Bolivia should consider implementing the resolutions of the National Agrarian Reform Institute regarding the revocation of land titles on grounds of servitude in all matters affecting not only the freedom of individuals, but also the recovery of land for communities, thereby preventing legal proceedings from stalling a reform process that defends, promotes and protects human rights.
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: United States of America
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: 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, 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
