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Addressee: Member states

Paragraph Number: 18
Session: 20 (2021)
Full Text:

Effective access to justice for indigenous peoples implies access to both the State legal system and their own systems of justice. Without accessible State courts or other legal mechanisms through which they can protect their rights, indigenous peoples become vulnerable to actions that threaten their lands, natural resources, cultures, sacred sites and livelihoods. Concurrently, the recognition of indigenous peoples’ own justice systems is pivotal in ensuring their rights to maintain their autonomy, culture and traditions.

Area of Work: Human rights, Culture
Paragraph Number: 18
Session: 11 (2012)
Full Text:

The Forum recommends that African States, United Nations agencies and academic institutions undertake studies on the impact of the doctrine of discovery on indigenous peoples of Africa, with a view to creating understanding and awareness.

Area of Work: Human rights
Paragraph Number: 18
Session: 7 (2008)
Full Text:

The United Nations Declaration on the Rights of Indigenous Peoples should serve as a key and binding framework in the formulation of plans for development and should be considered fundamental in all processes related to climate change at the local, national, regional and global levels. The safeguard policies of the multilateral banks and the existing and future policies on indigenous peoples of United Nations bodies and other multilateral bodies should be implemented in all climate change-related projects and programmes.

Area of Work: Environment, Economic and Social Development

Addressee: Member States

Paragraph Number: 18
Session: 10 (2011)
Full Text:

States should recognize indigenous peoples’ rights to forests and should review and amend laws that are not consistent with the United Nations Declaration on the Rights of Indigenous Peoples and other international standards on indigenous peoples’ land and natural resource rights, including over forests. This includes indigenous peoples’ customary law on land and resource rights and the right to be fully involved in decision-making processes.

Area of Work: Environment

Addressee: Member States

Paragraph Number: 4
Session: 11 (2012)
Full Text:

The Permanent Forum recalls the fourth preambular paragraph of the United Nations Declaration on the Rights of Indigenous Peoples, which affirms that all doctrines, policies and practices based on or advocating superiority of peoples or individuals on the basis of national origin or racial, religious, ethnic or cultural differences are racist, scientifically false, legally invalid, morally condemnable and socially unjust. Legal and political justification for the dispossession of indigenous peoples from their lands, their disenfranchisement and the abrogation of their rights such as the doctrine of discovery, the doctrine of domination, “conquest”, “discovery”, terra nullius or the Regalian doctrine were adopted by colonizers throughout the world. While these nefarious doctrines were promoted as the authority for the acquisition of the lands and territories of indigenous peoples, there were broader assumptions implicit in the doctrines, which became the basis for the assertion of authority and control over the lives of indigenous peoples and their lands, territories and resources. Indigenous peoples were constructed as “savages”, “barbarians”, “backward” and “inferior and uncivilized” by the colonizers who used such constructs to subjugate, dominate and exploit indigenous peoples and their lands, territories and resources. The Permanent Forum calls upon States to repudiate such doctrines as the basis for denying indigenous peoples’ human rights.

Area of Work: Human rights