E/2023/43 E/C.19/2023/7 and the rights of Indigenous Peoples and to the Human Rights Council on green financing, a just transition to protect Indigenous Peoples’ rights. 49. The Permanent Forum is encouraged by the ongoing focus that the Expert Mechanism on the Rights of Indigenous Peoples dedicates to treaties, agreements, and other constructive arrangements between Indigenous Peoples and States, including peace accords and reconciliation initiatives, and their constitutional recognition, including through studies and interactive dialogues. The Permanent Forum supports the invitation extended by the Chairperson of the Expert Mechanism, Binota Moi Dhamai, to Member States in collaboration with Indigenous Peoples to make use of the country mandate of the Expert Mechanism. 50. The Permanent Forum heard many testimonies about the violation of Indigenous Peoples’ right to free, prior and informed consent in the context of climate change mitigation and adaptation, conservation efforts, the establishment of protected areas and extractive industries. Such violations result in dispossession of ancestral lands, the desecration of sacred sites, forced displacement and the destruction of traditional economies and livelihoods, including through abolition of hunting and fishing rights. 51. 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. 52. The Permanent Forum notes with alarm situations in many countries in Latin America and the Caribbean, Asia and Africa in which Indigenous Peoples are subjected to intimidation, hate speech, vexatious litigation, arbitrary arrest, interrogation, torture, inhuman and degrading treatment, enforced disappearances and killings. 53. The Permanent Forum underscores the serious impact on the human rights of Indigenous Peoples by Russian aggression against Ukraine, including through illegal conscription, which leads to forced displacement and the disruption and traumatization of Indigenous families and their communities. 54. The Permanent Forum is deeply concerned with armed aggression and conflicts in other regions and countries, such as in Latin America and the Caribbean, the Sahel, the Congo Basin and in Asia, either by States or non-State actors, including criminal organizations, or both. Those are situations that underscore the relevance of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, the Convention relating to the Status of Refugees of 1951 and the Protocol relating to the Status of Refugees of 1967. 55. 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. 12/24 23-08492

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