Preliminary study of the impact on indigenous peoples of the international legal construct known as the Doctrine of Discovery Permanent Forum on Indigenous Issues Ninth session New York, 19-30 April 2010 Items 4 and 7 of the provisional agenda* Human rights - Future work of the Permanent Forum, including issues of the Economic and Social Council and emerging issues: "This preliminary study has documented that for more than 500 years the Doctrine of Discovery has been global in scope and application. At least two Governments other than the United States, Canada and Australia, have cited the Johnson v. McIntosh ruling to enforce the Doctrine of Discovery. When they have done so they have cited the Doctrine of Discovery and the Framework of Dominance. Non-indigenous legal scholars and State actors have interwoven the Doctrine of Discovery into international and domestic law. Within the context of the United States, such persons include Chief Justice John Marshall, Justice Joseph Story, Henry Wheaton, Justice John Catron, Francis Lieber, B. A. Hinsdale, Alpheus Snow, George Grafton Wilson, Justice Stanley Reed, the United States attorneys who wrote the legal brief filed for Tee-Hit-Ton Indians v. The United States, and Justice Ruth Bader Ginsberg. They all relied upon the Doctrine of Discovery that, as this preliminary study has demonstrated, is rooted in and perpetuates the Framework of Dominance passed down, from generation to generation, from the era of Christendom and the Vatican papal bulls." https://un.org/esa/socdev/unpfii/documents/E.C.19.2010.13%20EN.pdf
Posted on: Sat, 13 Jul 2013 03:20:41 +0000