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Addressee: UN system
Paragraph Number: 32
Session: 11 (2012)
Full Text:
The Permanent Forum invites members of all United Nations human rights treaty bodies, in particular the Committee on the Rights of the Child, to attend the annual sessions of the Permanent Forum, as observers, with the objective of increasing awareness about the distinct human rights and cultural contexts of indigenous peoples so as to enhance their work in relation to indigenous peoples and the Declaration.
Area of Work: Human rights
Addressee: IP
Paragraph Number: 31
Session: 11 (2012)
Full Text:
The Permanent Forum reiterates that indigenous peoples should report to the Forum on how they are implementing the Declaration in their own communities, thereby contributing to the growing evidence of how the principles enshrined in the Declaration are being practised.
Area of Work: Human rights
Addressee: Member States
Paragraph Number: 30
Session: 11 (2012)
Full Text:
The Permanent Forum urges States to provide detailed reports to the Forum on the implementation of the Declaration. It recommends public education initiatives and the sharing of best practices in respect of the Declaration, in particular through training programmes for government agencies, the judiciary and law enforcement officials, in collaboration with indigenous peoples. Furthermore, the Forum recommends that such reports be included in the periodic reports mandated under human rights treaties and the universal periodic review procedures.
Area of Work: Human rights
Addressee: Member States
Paragraph Number: 29
Session: 11 (2012)
Full Text:
Since the adoption in 2007 of the United Nations Declaration on the Rights of Indigenous Peoples, few States have entered into effective dialogue or partnerships with indigenous peoples or have undertaken adequate legal reforms to implement the Declaration. Based on interventions and reports of representatives of indigenous peoples from all regions of the world at its eleventh session, the Permanent Forum is alarmed about the ongoing gross human rights violations being perpetrated against indigenous peoples and therefore calls upon all States to take urgent action to end such violations and to recognize and respect the human rights standards contained in the Declaration.
Area of Work: Human rights
Addressee: Member States
Paragraph Number: 27
Session: 11 (2012)
Full Text:
The Forum recommends that all States install gender-sensitive action plans and independent self-reporting mechanisms that give particular attention to indigenous peoples, with the aim of protecting victims, prosecuting perpetrators and preventing human trafficking and related serious exploitation in all its forms, in accordance with the United Nations Convention against Transnational Organized Crime; the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children and the Protocol against the Smuggling of Migrants by Land, Sea and Air, both supplementing the United Nations Convention against Transnational Organized Crime; and the Convention on the Rights of the Child.
Area of Work: Human rights
Addressee: Member States, UN agencies
Paragraph Number: 18
Session: 11 (2012)
Full Text:
The Forum recommends that African States, United Nations agencies and academic institutions undertake studies on the impact of the doctrine of discovery on indigenous peoples of Africa, with a view to creating understanding and awareness.
Area of Work: Human rights
Addressee: Member States
Paragraph Number: 14
Session: 11 (2012)
Full Text:
The Permanent Forum calls upon States to ensure that racial non discrimination is guaranteed in their constitutions. The term “racial discrimination” means any distinction, exclusion, restriction or preference based on race, colour, descent or national or ethnic origin that has the purpose or effect of nullifying or impairing the recognition, enjoyment or exercise, on an equal footing, of human rights and fundamental freedoms in the political, economic, social, cultural or any other field of public life. The Forum calls upon States to adhere to the peremptory norm and the absolute prohibition against racial discrimination as well as all other forms of discrimination, including gender and age.
Area of Work: Human rights
Addressee: Member States
Paragraph Number: 13
Session: 11 (2012)
Full Text:
The Permanent Forum calls upon all States to ensure that their political institutions and structures are not used as a reason to relieve the State of its responsibility to implement international human rights obligations in relation to the rights of indigenous peoples.
Area of Work: Human rights
Addressee: Member States
Paragraph Number: 12
Session: 11 (2012)
Full Text:
The Permanent Forum highlights the activities of those States that have undertaken or are currently undertaking constitutional revision processes to strengthen constitutional provisions on human rights, pluriculturalism and juridical pluralism, among others, and also welcomes those States that are in the midst of ongoing constitutional revision or reform processes. The Forum calls upon all relevant States to review and revise their constitutions and legal frameworks to comprehensively recognize the human rights of indigenous peoples. The Forum recommends that the process of constitutional revision in Member States should be driven by indigenous peoples.
Area of Work: Human rights
Addressee: UN System, Member States, IP
Paragraph Number: 10
Session: 11 (2012)
Full Text:
The Permanent Forum welcomes the recommendation to establish a voluntary international mechanism to receive and consider communications from indigenous peoples specifically concerning their claims to, or violations of, their rights to the lands, territories and resources which they have traditionally owned, occupied or otherwise used or acquired. This recommendation deserves further elaboration by indigenous peoples and others concerned. The Forum takes note of the mandate of the Special Rapporteur on the rights of indigenous peoples in this regard.
Area of Work: Human rights
Addressee: Member States
Paragraph Number: 8
Session: 11 (2012)
Full Text:
During its tenth session, the Permanent Forum emphasized that redefining the relationship between indigenous peoples and the State as an important way to understand the doctrine of discovery and a way to develop a vision of the future for reconciliation, peace and justice. To that end, the United Nations Declaration on the Rights of Indigenous Peoples provides a strong human rights framework and standards for the redress of such false doctrines, notably in articles 3, 28 and 37. The Permanent Forum encourages the conduct of the processes of reconciliation “in accordance with the principles of justice, democracy, and respect for human rights, equality, non-discrimination, good governance and good faith”.
Area of Work: Human rights
Addressee: Member States
Paragraph Number: 4
Session: 11 (2012)
Full Text:
The Permanent Forum recalls the fourth preambular paragraph of the United Nations Declaration on the Rights of Indigenous Peoples, which affirms that all doctrines, policies and practices based on or advocating superiority of peoples or individuals on the basis of national origin or racial, religious, ethnic or cultural differences are racist, scientifically false, legally invalid, morally condemnable and socially unjust. Legal and political justification for the dispossession of indigenous peoples from their lands, their disenfranchisement and the abrogation of their rights such as the doctrine of discovery, the doctrine of domination, “conquest”, “discovery”, terra nullius or the Regalian doctrine were adopted by colonizers throughout the world. While these nefarious doctrines were promoted as the authority for the acquisition of the lands and territories of indigenous peoples, there were broader assumptions implicit in the doctrines, which became the basis for the assertion of authority and control over the lives of indigenous peoples and their lands, territories and resources. Indigenous peoples were constructed as “savages”, “barbarians”, “backward” and “inferior and uncivilized” by the colonizers who used such constructs to subjugate, dominate and exploit indigenous peoples and their lands, territories and resources. The Permanent Forum calls upon States to repudiate such doctrines as the basis for denying indigenous peoples’ human rights.
Area of Work: Human rights
