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Addressee: National Human Rights Institutions
Paragraph Number: 63
Session: 22 (2023)
Full Text:
The Permanent Forum encourages national human rights institutions to promote the United Nations Declaration on the Rights of Indigenous Peoples at the national and international levels, in collaboration with Indigenous Peoples.
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: 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: 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)
Addressee: Member States; Colonial States
Paragraph Number: 57
Session: 22 (2023)
Full Text:
Indigenous Peoples are affected also by the legacy of forced evictions and relocations owing to the establishment by colonial powers of military bases and installations on their traditional lands and territories. The Permanent Forum recommends that colonial States, past and present, ensure remedy and reparations for the affected Indigenous Peoples.
Area of Work: Lands and Resources, Conflict Prevention and Peace
Paragraph Number: 56
Session: 22 (2023)
Full Text:
The Permanent Forum invites 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 to conduct a study on the human rights abuses against Indigenous Peoples of the Sahel region by mercenaries and other non-State armed actors.
Area of Work: Human rights, Conflict Prevention and Peace
Addressee: Nicaragua
Paragraph Number: 55
Session: 22 (2023)
Full Text:
The Permanent Forum welcomes the intent of Nicaragua in drafting legislation on territorial regulation of Indigenous territories. The Permanent Forum urges Nicaragua to establish dialogue with the legitimate Indigenous authorities to initiate and conclude drafting of the legislation as soon as possible, in order to prevent repetition of the recent gross human rights violations against the Mayangna Sauni and Wilu communities, allegedly committed by armed settlers. It further urges Nicaragua to ensure that perpetrators are held to account through the justice system for the murders committed and for the destruction of property. Impunity is not an option.
Area of Work: Human rights, Conflict Prevention and Peace
Addressee: Member States
Paragraph Number: 51
Session: 22 (2023)
Full Text:
Those violations also take place in countries that have ratified the Indigenous and Tribal Peoples Convention, 1989 (No. 169). The Permanent Forum recommends that countries that have ratified that Convention update their legislation and legal systems to conform with the Convention and its provisions. The Permanent Forum welcomes the landmark ruling in October 2021 by the Supreme Court of Norway protecting Indigenous Peoples from the establishment of a windmill park that would interfere with their traditional reindeer grazing areas. The Permanent Forum urges the Government of Norway to implement the decision of the Supreme Court without delay. It also recommends that Norway urgently address the allegations of increased incidents of hate speech online and offline against the Saami peoples following the Supreme Court ruling.
Area of Work: ILO 169
Addressee: Member States
Paragraph Number: 46
Session: 22 (2023)
Full Text:
The Permanent Forum is equally alarmed at the many testimonies from Indigenous Peoples on the establishment of protected areas and conservation measures without the free, prior and informed consent of Indigenous Peoples and the persistent violations of their human rights in the context of conservation. The Permanent Forum underlines that it is the responsibility of Member States and other actors to obtain free, prior and informed consent directly from Indigenous Peoples when developing policies and legislation pertaining to conservation measures and protected areas.
Area of Work: Free, Prior and Informed Consent (FPIC), Environment
Addressee: Member States
Paragraph Number: 45
Session: 22 (2023)
Full Text:
The Permanent Forum recognizes development of renewable energy sources but remains alarmed that irresponsible development related to green technology and the green transition, has led, at times, to violations of Indigenous Peoples’ rights, including mineral extraction and the building of hydroelectric dams and other large-scale infrastructure without the free, prior and informed consent of Indigenous Peoples. The Permanent Forum recommends that Member States provide the resources necessary to develop and implement Indigenous Peoples’ own free, prior and informed consent protocols in such contexts.
Area of Work: Environment, Economic and Social Development, Climate Change, Free, Prior and Informed Consent (FPIC)
Addressee: Member States
Paragraph Number: 44
Session: 22 (2023)
Full Text:
The Permanent Forum again urges Member States to ensure that Indigenous Peoples are afforded full and effective participation in all planning and policy development to address climate change. Indigenous-led climate change policies incorporate the vital knowledge of Indigenous Peoples for land management and stewardship of natural resources while protecting health, equity, justice and sustainability. Principles of free, prior and informed consent must be followed in the development of all climate change policies and actions.
Area of Work: Environment, Climate Change, Health
Addressee: Conference of the Parties; Secretariat of the United Nations Framework Convention on Climate Change
Paragraph Number: 43
Session: 22 (2023)
Full Text:
The Permanent Forum calls upon the Conference of the Parties and the secretariat of the United Nations Framework Convention on Climate Change to ensure that all reducing emissions from deforestation and degradation mechanism (REDD and REDD+) programmes and projects go through a full review, with the full and effective participation of Indigenous Peoples, to assess their validity. The parties to the Convention should adopt a grievance mechanism that allows Indigenous Peoples to identify and name non-State actors, corporations, United Nations entities, States and other organizations involved in setting up REDD programmes and projects that violate the rights of Indigenous Peoples.
Area of Work: Environment
