E/2011/43
E/C.19/2011/14
Forum will therefore explore the potential for conducting, by appropriate United
Nations entities, assessments, studies and reviews of the economic, social and
cultural impacts of climate change on indigenous nations, peoples and communities.
For example, the secretariat of the United Nations Convention to Combat
Desertification could conduct a study on climate change and desertification in the
African region.
31. The Permanent Forum recognizes the right to participate in decision-making
and the importance of mechanisms and procedures for the full and effective
participation of indigenous peoples in relation to article 18 of the United Nations
Declaration on the Rights of Indigenous Peoples. The Forum reiterates that the
United Nations Framework Convention on Climate Change, the Stockholm
Convention on Persistent Organic Pollutants, the Convention on Biological
Diversity, the World Intellectual Property Organization and the International
Maritime Organization should facilitate indigenous peoples’ participation in their
processes.
32. The Permanent Forum welcomes the study on indigenous peoples and
corporations that examined existing mechanisms and policies related to corporations
and indigenous peoples and identified good practices. The Forum recommends that
best practices of the application of the right of free, prior and informed consent
regarding corporations and indigenous peoples be documented and shared.
33. The Permanent Forum notes the intention of the International Indigenous
Women’s Environmental Justice and Reproductive Health Initiative to organize an
expert group meeting on the environment and indigenous women’s reproductive
health and requests that the organizers invite members of the Permanent Forum to
participate in the meeting. Further, the Permanent Forum recommends that the
United Nations Population Fund (UNFPA) and the World Health Organization
participate in the expert group meeting.
Free, prior and informed consent
34. The common understanding of the right to free, prior and informed consent is
that consent should be given freely, without coercion, intimidation or manipulation
(free); sought sufficiently at all stages, including from inception to final
authorization and implementation of activities (prior); based on an understanding of
the full range of issues and implications entailed by the activity or decision in
question (informed); and given by the legitimate representatives of the indigenous
peoples concerned.
35. Free, prior and informed consent has been explicitly affirmed in the United
Nations Declaration on the Rights of Indigenous Peoples in relation to the relocation
of indigenous peoples from their lands and territories (article 10); redress with
respect to the appropriation of their cultural, intellectual, religious and spiritual
property (article 11, paragraph 2); obtaining such consent before adopting and
implementing legislative and administrative measures that may affect indigenous
peoples (article 19); redress for their lands or resources taken without their consent
(article 28, paragraph 1); disposal of hazardous materials in their territories (article
29, paragraph 2); and obtaining of such consent prior to the approval of
development projects affecting their lands or territories and other resources (article
32, paragraph 2).
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