SYMPOSIUM ON THE PROSPECTS FOR THE UNITED NATIONS DECLARATION ON THE RIGHTS OF INDIGENOUS PEOPLES: The "Preliminary Study" on the Doctrine of Discovery Skip over navigation
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Copyright (c) 2010 Pace University School of Law
Pace Environmental Law Review

SYMPOSIUM ON THE PROSPECTS FOR THE UNITED NATIONS DECLARATION ON THE RIGHTS OF INDIGENOUS PEOPLES: The "Preliminary Study" on the Doctrine of Discovery

Fall, 2010

Pace Environmental Law Review

28 Pace Envtl. L. Rev. 339

Author

Tonya Gonnella Frichner*

Excerpt



I am a member of the U.N. Permanent Forum on Indigenous Issues, I'm honored to say. I'm the North American representative. At that meeting, I presented a preliminary study on the Doctrine of Discovery. 1 That study was brought forward by resolution in 2009. 2 Let me share with you the title of that study...The name of it is "The Preliminary Study," and I bring that to your attention because it is a preliminary study of the impact on Indigenous Peoples of the international legal construct known as the Doctrine of Discovery, which served as the violation of their human rights. 3

It was my responsibility as a Special Rapporteur of this study to bring forward the argument that it was time for the U.N., as a body, to begin to look at this legal construct known as the Doctrine of Discovery - bring it forward and begin to look at it seriously.

So in April, I brought forward the study formally to the Permanent Forum with a number of governments, a number of agencies, and about a thousand Indigenous Peoples who were at this session, and I introduced the study. And what I would like to do is a shorter version of that introduction and share that with you today with your permission. That is what I'm going to do, so we have it for the record...

So let me begin by sharing with you what Professor Robinson said earlier about the Declaration. ...
 
 
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