048 - Renunciation of the Doctrine of Discovery to Rediscover care for Mother Earth

048 - Renunciation of the Doctrine of Discovery to Rediscover care for Mother Earth

Latest version in this language: Version as sent to Plenary | Published on: 22 Sep 2021

GRATEFUL that IUCN has full participation of representatives of Indigenous Peoples’ Organizations among its Members;

SEEKING to advance further IUCN’s 2008 endorsement of the United Nations Declaration on the Rights of Indigenous Peoples and SUPPORTING the International Labour Organization’s Convention 169 and IUCN’s continuous participation in the UN Permanent Forum on Indigenous Issues;

CONSCIOUS of the many contributions Indigenous Peoples make to restoring and sustaining Mother Earth and the alliances all IUCN Members embrace to conserve biodiversity and natural and cultural heritage;

TROUBLED that the denials of the human rights of Indigenous Peoples are fundamentally unjust and impede IUCN policies and programmes to restore ecologically and socially just relations among all living beings;

AWARE that the rights of Indigenous Peoples have been denied since the beginnings of the colonial era in the 15th century, when Papal Bulls and royal edicts legitimised their enslavement and seizures of their assets, and occupying the lands where they lived, through proclaiming the legal ‘Doctrine of Discovery’ in all its manifestations;

MINDFUL that many governments seek to establish just and equitable relations with the Indigenous Peoples in the lands of which they are stewards, and that the Arctic Council has embraced the Permanent Representatives of Indigenous Peoples as full participants in the stewardship of the Arctic regions;

RECOGNISING that many post-colonial legal regimes still formally recognise the ‘Doctrine of Discovery’ in all its manifestations, despite most acknowledging that Indigenous Peoples have long inhabited lands European powers claimed to have discovered and that neither the Holy See nor the Church of England have annulled their Papal Bulls and Edicts that gave moral and religious support for the ‘Doctrine of Discovery’; and

CONVINCED that acknowledgements of truth and testimonies for reconciliation are essential predicates for building social justice and peaceful relations among peoples;

The IUCN World Conservation Congress, at its session in Marseille, France:

1. RENOUNCES the ‘Doctrine of Discovery’ in all its manifestations;

2. REQUESTS Council, in alignment with the IUCN Programme 2021–2024, to establish an IUCN Truth and Reconciliation Working Group, to explore and explain best practices for involving Indigenous Peoples in co-stewardship of protected natural areas, conservation of nature, and sustainable use of species, and other appropriate activities for the care of Mother Earth;

3. URGES all states to repeal all legal vestiges of the ‘Doctrine of Discovery’, and to consider establishing truth and reconciliation commissions though which the story of the ‘Doctrine of Discovery’ in all its manifestations can be made known and pathways toward justice discovered; and

4. INVITES the leaders of all religions to repeal and renounce their past proclamations that legitimised the ‘Doctrine of Discovery’ in all its manifestations, and FURTHER URGES the leaders of all nations to promote new paradigms in conservation, where the ancestral knowledge of Indigenous Peoples is incorporated, in the struggle to conserve the nature of the planet.

The legacy problems of colonialism take many years to resolve. The failure to address the unjust “doctrine of discovery” is one of the world’s most serious of these problems. The Doctrine is a legal argument that lands and waters claimed by colonial states were discovered by them, and ignored the indigenous inhabitants of those places and their rights. The Catholic Church and Church of England gave religious and moral support for the Discovery Doctrine, which allowed enslavement of native peoples and seizure of their assets, beginning in the 14th century. The United Nations began to tackle the issues of the so-called Discovery Doctrine when it created the UN Permanent Forum on Indigenous Issues in 2002, and later adopted the UN Declaration of the Rights of Indigenous Peoples. IUCN’s World Conservation Congress has endorsed this Declaration on the Rights of Indigenous Peoples. Recently, the UN Permanent Forum on Indigenous Issues has held an open debate on “The Doctrine of Discovery: its enduring impact on indigenous peoples and the right to redress for past conquests (articles 28 and 37 of the United Nations Declaration on the Rights of Indigenous Peoples)”. For more information, see the United Nations Press Release HR/5086. UN Special Rapporteur Reports have documented the harms that the Doctrine of Discovery has caused to indigenous peoples and biodiversity. See E/C.19/2009/CRP. 7 A draft guide on the relevant principles contained in the UNDRIP, International Labour Organisation Convention No. 169 and International Labour Organisation Convention No. 107 that relate to Indigenous land tenure and management arrangements by Michael Dodson; and E/C.19/2010/13 Impact on Indigenous Peoples of the International Legal construct known as the Doctrine of Discovery, which has served as the Foundation of the Violation of their Human Rights by Tonya Gonnella Frichner; and E/C.19/2012/10 Study, as examples of good practice, of the Indigenous participatory mechanisms in the Arctic Council, the Circumpolar Inuit Declaration on Resource Development Principles in Inuit Nunaat, and the Laponia management system by Dalee Sambo Dorough; and E/C.19/2013/13 Study on the rights of indigenous peoples and truth commissions and other truth-seeking mechanisms on the American continent by Edward John, Myrna Cunningham and Álvaro Pop; and E/C.19/2014/3 Study on the impacts of the Doctrine of Discovery on indigenous peoples, including mechanisms, processes and instruments of redress by Edward John; and E/C.19/2015/4 Study on the treatment of traditional knowledge in the framework of the United Nations Declaration on the Rights of Indigenous Peoples and the post-2015 development agenda by María Eugenia Choque Quispe; and E/C.19/2018/9 Study to examine conservation and indigenous peoples’ human rights by Brian Keane and Elifuraha Laltaika. These reports document the on-going adverse impacts that the remnants of the Discovery Doctrine impose on indigenous peoples. It is time for IUCN to renounce the Doctrine of Discovery and explore new ways to respect the rights of indigenous peoples as we serve IUCN’s mission to care for Mother Earth.
  • Center for Environmental Legal Studies [United States of America]
  • Centre international de droit comparé de l`environnement [France]
  • Centro Mexicano de Derecho Ambiental [Mexico]
  • International Council of Environmental Law [Spain]
  • Kua`aina Ulu `Auamo [United States of America]

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