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Addressee: Member States

Paragraph Number: 12
Session: 11 (2012)
Full Text:

The Permanent Forum highlights the activities of those States that have undertaken or are currently undertaking constitutional revision processes to strengthen constitutional provisions on human rights, pluriculturalism and juridical pluralism, among others, and also welcomes those States that are in the midst of ongoing constitutional revision or reform processes. The Forum calls upon all relevant States to review and revise their constitutions and legal frameworks to comprehensively recognize the human rights of indigenous peoples. The Forum recommends that the process of constitutional revision in Member States should be driven by indigenous peoples.

Area of Work: Human rights

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
Paragraph Number: 12
Session: 21 (2022)
Full Text:

The Permanent Forum invites the Special Rapporteur of the Human Rights
Council on the situation of human rights defenders to prepare a study on the drivers
of attacks against indigenous human rights defenders in business contexts and invites
the Special Rapporteur to share information on progress with the Permanent Forum
at its twenty-second session, to be held in 2023.

Area of Work: Human rights
Paragraph Number: 12
Session: 18 (2019)
Full Text:

In the light of the emerging international legal framework for local communities, the Permanent Forum recommends that the Office of the United Nations High Commissioner for Human Rights (OHCHR) prepare, in consultation with other relevant United Nations entities, including the secretariat of the Convention on Biological Diversity, and before 2022, a comparative legal study that analyses the rights of indigenous peoples and the emerging rights of local communities.

Area of Work: Human rights, Local communities