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Paragraph Number: 28
Session: 22 (2023)
Full Text:

The Permanent Forum reiterates its recommendation to adopt a programme of work on article 8 (j) and other provisions of the Convention on Biological Diversity and strengthened institutional arrangements through a permanent subsidiary body to take forward the Kunming-Montreal Global Biodiversity Framework and to ensure a human rights-based approach, and full and effective participation of Indigenous Peoples, by the sixteenth meeting of the Conference of the Parties to the Convention. The Permanent Forum recommends ensuring direct access to financial resources for Indigenous Peoples, inclusive of all landscapes and seascapes, more efficient financial mechanisms managed by Indigenous Peoples and the inclusion of Indigenous Peoples’ representatives in the governance of the Framework to better design and implement grants. In that respect, the modus operandi and methods of work for enhanced Indigenous participation under article 8 (j) and related provisions  The Permanent Forum reiterates its recommendation to adopt a programme of work on article 8 (j) and other provisions of the Convention on Biological Diversity and strengthened institutional arrangements through a permanent subsidiary body to take forward the Kunming-Montreal Global Biodiversity Framework and to ensure a human rights-based approach, and full and effective participation of Indigenous Peoples, by the sixteenth meeting of the Conference of the Parties to the Convention. The Permanent Forum recommends ensuring direct access to financial resources for Indigenous Peoples, inclusive of all landscapes and seascapes, more efficient financial mechanisms managed by Indigenous Peoples and the inclusion of Indigenous Peoples’ representatives in the governance of the Framework to better design and implement grants. In that respect, the modus operandi and methods of work for enhanced Indigenous participation under article 8 (j) and related provisions must be the minimum standard and be prioritized as an essential prerequisite for the full implementation of target 31 of the Framework.

Area of Work: Environment, Funding and Resources

Addressee: Member States

Paragraph Number: 58
Session: 22 (2023)
Full Text:

Transnational and national extractive industries, at best, consistently disregard their responsibility to respect Indigenous Peoples’ rights and to engage in free, prior and informed consent processes. At worst, their practices and behaviours contribute to serious human rights abuses. The Permanent Forum recommends that Member States, as duty bearers, ensure that private sector entities respect Indigenous Peoples’ rights through safeguard and due diligence policies. It further recommends that Member States ensure the application of the Guiding Principles on Business and Human Rights: Implementing the United Nations “Protect, Respect and Remedy” Framework and the Guidelines for Multinational Enterprises of the Organisation for Economic Co-operation and Development. The Permanent Forum welcomes the ongoing international efforts to develop legally binding instruments that ensure accountability and due diligence by transnational companies. The reflection of the United Nations Declaration on the Rights of Indigenous Peoples in such instruments is essential.

Area of Work: Free, Prior and Informed Consent (FPIC)