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.
The Permanent Forum reminds the Secretary-General, through the Assistant Secretary-General for Human Rights, on the continuing relevance of monitoring and reporting on trends related to intimidation and reprisals against Indigenous Peoples who seek to engage with the United Nations. Indigenous Peoples’ representatives have a right to be protected from reprisals for their participation in meetings at the United Nations, including the Permanent Forum on Indigenous Issues and the Expert Mechanism on the Rights of Indigenous Peoples.
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.
The Permanent Forum welcomes the participation, at its seventeenth session, of the Working Group on the use of mercenaries as a means of violating human rights and impeding the exercise of the right of peoples to self-determination and invites the Working Group to conduct a study on private militaries and security companies in extractive industries and agribusiness and their impact on the human and collective rights of indigenous peoples.