E/2011/43
E/C.19/2011/14
36. As a crucial dimension of the right of self-determination, the right of
indigenous peoples to free, prior and informed consent is also relevant to a wide
range of circumstances in addition to those referred to in the Declaration. Such
consent is vital for the full realization of the rights of indigenous peoples and must
be interpreted and understood in accordance with contemporary international human
rights law, and recognized as a legally binding treaty obligation where States have
concluded treaties, agreements and other constructive arrangements with indigenous
peoples. In this regard, the Permanent Forum emphatically rejects any attempt to
undermine the right of indigenous peoples to free, prior and informed consent.
Furthermore, the Forum affirms that the right of indigenous peoples to such consent
can never be replaced by or undermined through the notion of “consultation”.
37. Given that the right of indigenous peoples to free, prior and informed consent
is recognized and affirmed in the United Nations Declaration on the Rights of
Indigenous Peoples, questions have arisen concerning its implementation. In the
light of such fundamental concerns, the Permanent Forum has decided to prioritize
free, prior and informed consent. Therefore, in the context of future work, the
Permanent Forum will explore the potential for the development of guidelines on
the implementation of free, prior and informed consent. The Permanent Forum will
endeavour to do so in collaboration with the Expert Mechanism on the Rights of
Indigenous Peoples and the Special Rapporteur on the rights of indigenous peoples,
who are specifically mandated to address the human rights of indigenous peoples.
This initiative, as well as those referred to immediately below, are fully consistent
with articles 38, 41 and 42 of the Declaration.
38. The Permanent Forum also notes the number of interventions by indigenous
peoples alarmed at the denial of their right to free, prior and informed consent in
relation to extractive industries and other forms of large- and small-scale
development. Therefore, the Permanent Forum recommends that States and
international financial and aid institutions systematically monitor, evaluate, assess
and report on how free, prior and informed consent has or has not been recognized
and applied with respect to the lands, territories and resources of the indigenous
peoples concerned.
39. Given the importance of the full range of the human rights of indigenous
peoples, including traditional knowledge, culturally appropriate procedures to
ensure communication, information, and scheduling, the Permanent Forum calls on
all United Nations agencies and intergovernmental agencies to implement policies,
procedures and mechanisms that ensure the right of indigenous peoples to free, prior
and informed consent consistent with their right to self-determination as reflected in
common article 1 of the International Covenants on Civil and Political Rights and
on Economic, Social and Cultural Rights, which makes reference to permanent
sovereignty over natural resources.
40. The Permanent Forum confirms its intention to participate in the 35th session
of the World Heritage Committee (Paris, 19 to 29 June 2011). The objective of such
participation is to encourage a review of existing procedures with regard to rightsrelated mechanisms, norms and standards in the preparation and processing of world
heritage nominations by States parties.
41. The Permanent Forum welcomes the initiative of UNESCO, the International
Union for Conservation of Nature (IUCN), the International Council on Monuments
and Sites (ICOMOS) and the International Centre for the Study of the Preservation
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