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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
Addressee: Kenya
Paragraph Number: 101
Session: 18 (2019)
Full Text:
The Permanent Forum takes note of the progressive decisions made by the African Court on Human and Peoples’ Rights in favour of the collective rights of indigenous peoples. The Forum is concerned about the lack of implementation and urges the Government of Kenya to fully implement its decisions on applications 006/2012 (African Commission on Human and Peoples’ Rights v. Republic of Kenya) and 276/03 (Centre for Minority Rights Development (Kenya) and Minority Rights Group (on behalf of Endorois Welfare Council) v. Kenya).
Area of Work: Human rights
Addressee: UNPFII
Paragraph Number: 101
Session: 10 (2011)
Full Text:
The Permanent Forum has decided to appoint members of the Forum, Megan Davis, Simon William M’Viboudoulou, Valmaine Toki, Paul Kanyinke Sena, Edward John, Álvaro Esteban Pop Ac and Raja Devasish Roy, to conduct a study on national constitutions and the United Nations Declaration on the Rights of Indigenous Peoples, with a view to assessing the nature and extent of the inclusion of indigenous peoples’ human rights in national constitutions, with reference to the rights affirmed in the Declaration, to be submitted to the eleventh session of the Permanent Forum in 2012.
Area of Work: Human rights
