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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: Member States
Paragraph Number: 58
Session: 11 (2012)
Full Text:
The Permanent Forum notes that in international law, the right to adequate food and the fundamental right to be free from hunger apply to everyone without discrimination. The Permanent Forum is concerned about the implementation gap between what is legally recognized and the reality. The right to food is frequently denied or violated, often as a result of systematic discrimination or the widespread lack of applicability of indigenous peoples’ rights. The Permanent Forum recommends that States engage in an inclusive and participatory process to ensure food sovereignty and security, in accordance with the principles of free, prior and informed consent, and develop standards and methodologies and cultural indicators to assess and address food sovereignty.
Area of Work: Human rights, Economic and Social Development
Addressee: Member States
Paragraph Number: 57
Session: 11 (2012)
Full Text:
The Permanent Forum welcomes the legal reforms and policies carried out in some States to recognize the right of indigenous peoples to food and food sovereignty. It would also like to encourage the remaining States to take the steps towards its recognition. The Permanent Forum encourages States to take positive actions to facilitate the capacity of indigenous peoples to strengthen traditional food systems, such as formally recognizing and demarcating indigenous territories to enable them to carry out productive food activities, in accordance with article
8 (2) (b) of the Declaration, which prohibits States from any action that has the aim or effect of dispossessing indigenous peoples of their lands, territories or resources.
Area of Work: Human rights, Economic and Social Development
Addressee: Member states
Paragraph Number: 18
Session: 20 (2021)
Full Text:
Effective access to justice for indigenous peoples implies access to both the State legal system and their own systems of justice. Without accessible State courts or other legal mechanisms through which they can protect their rights, indigenous peoples become vulnerable to actions that threaten their lands, natural resources, cultures, sacred sites and livelihoods. Concurrently, the recognition of indigenous peoples’ own justice systems is pivotal in ensuring their rights to maintain their autonomy, culture and traditions.
Area of Work: Human rights, Culture
Paragraph Number: 106
Session: 20 (2021)
Full Text:
The Permanent Forum appoints Darío José Mejía Montalvo, a member of the Forum, to conduct a study on the rights of indigenous peoples facing the global energy mix and to present that study to the Forum at its twenty-first session.
Area of Work: Human rights
Paragraph Number: 104
Session: 20 (2021)
Full Text:
The Permanent Forum appoints Irma Pineda Santiago and Símon Freddy Condo Riveros, members of the Forum, to conduct a study on collective intellectual property and the appropriation of the ideas and creations of indigenous peoples, and to present that study to the Forum at its twenty-first session.
Area of Work: Human rights
Addressee: Member states
Paragraph Number: 66
Session: 20 (2021)
Full Text:
Considering the continued threats facing indigenous peoples living in voluntary isolation and initial contact, and given their unique vulnerability in the time of the pandemic, the Permanent Forum recommends that local populations in the territories and adjacent areas of indigenous peoples living in voluntary isolation and initial contact be prioritized in COVID-19 vaccination plans. The Forum reminds States that, by virtue of their international obligations, and specifically those contained in the American Convention on Human Rights, they must adopt measures to safeguard the life and integrity of their citizens, especially when it comes to highly vulnerable population groups, as in the case of indigenous peoples living in voluntary isolation and initial contact.
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
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
Paragraph Number: 33
Session: 20 (2021)
Full Text:
The Permanent Forum recommends that the Human Rights Council mandate the United Nations Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment, with the contribution of the United Nations Special Rapporteur on the rights of indigenous peoples, to undertake a study on incarceration, deaths in custody and indigenous peoples
Area of Work: Human rights
Paragraph Number: 25
Session: 20 (2021)
Full Text:
The Permanent Forum expresses its grave concern about the lack of observance and implementation of indigenous peoples’ rights, as enshrined in the Indigenous and Tribal Peoples Convention, 1989 (No. 169), the American Declaration on the Rights of Indigenous Peoples and the United Nations Declaration on the Rights of Indigenous Peoples. This underscores the need for more awareness-raising and capacity-building regarding indigenous peoples’ rights, not only for indigenous peoples themselves, but also for government and justice officials, as well as for private sector actors and civil society at large. In this regard, the Forum welcomes the e-learning course on indigenous peoples’ rights developed by the Office of the United Nations High Commissioner for Human Rights (OHCHR), with the support of the Expert Mechanism and United Nations Voluntary Fund for Indigenous Peoples. The course, which is available on the OHCHR website, is a small but important contribution towards building capacities for the promotion and protection of indigenous peoples’ rights.
Area of Work: Human rights
Addressee: State institutions
Paragraph Number: 19
Session: 20 (2021)
Full Text:
The lack of effective recognition of the indigenous justice systems by State institutions, as well as the ongoing discrimination against them in the State justice system and inadequate access to redress and reparation, are among the key challenges faced by indigenous peoples around the world. Strengthened support for indigenous justice systems is key to promoting human rights, the rule of law, the achievement of justice for all and the promotion of effective, accountable and inclusive institutions, as set out in Goal 16.
Area of Work: Human rights
