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.
The lack of recognition of Indigenous Peoples violates their right to self-determination. Their legal recognition should be aligned with the United Nations Declaration on the Rights of Indigenous Peoples and the report of the Working Group of Experts on Indigenous Populations/Communities of the African Commission on Human and Peoples’ Rights.1 The Permanent Forum invites African Governments to join groups of friends of Indigenous Peoples.
The Permanent Forum recommends that the Commission on Human Rights adopt creative methods of work, with particular regard for the full and effective participation of indigenous peoples, including the appointment of an indigenous Co-Chair of the working group of the Commission on Human Rights to elaborate a draft declaration in accordance with paragraph 5 of General Assembly resolution 49/214
Many States have established mechanisms to protect human rights. However, the Permanent Forum is concerned that such mechanisms might prioritize individual rights over collective rights. It calls upon States, in cooperation with national human rights institutions, to comply with their commitments made in the outcome document of the 2014 World Conference on Indigenous Peoples, with the aim of achieving the full enforcement of the collective rights of indigenous peoples.
The Permanent Forum invites the Working Group on the use of mercenaries as a means of violating human rights and impeding the exercise of the right of peoples to self-determination to conduct a study on the human rights abuses against Indigenous Peoples of the Sahel region by mercenaries and other non-State armed actors.