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The Inter-American Commission on Human Rights
presented the Proposed American Declaration on the Rights of Indigenous Peoples
to the General Assembly of the Organization of American States (OAS), with a
view towards the possible adoption of a Declaration. For the first time in the
organization's history, there has been dialogue in high level meetings within
the OAS, between representatives of the member States and an Indigenous
Committee of the Americas. A Working Group to prepare the Draft American
Declaration on the Rights of Indigenous Peoples has been created. A special
meeting of this Working Group took place in the Hall of the Americas at the
headquarters of the OAS in Washington, D.C. in April 2001. This special session
was chaired by Ambassador Ronalth Ochaeta Argueta, Permanent Representative of
Guatemala to the OAS, President of the Working Group, Commission on Juridical
and Political Affairs, Permanent Council of the OAS.
SPECIAL SESSION OF THE WORKING
GROUP TO PREPARE THE DRAFT AMERICAN DECLARATION ON THE
RIGHTS OF INDIGENOUS PEOPLE
Washington, D.C. 2 - 6 April, 2001
DOCUMENTS
Permanent Council of the OAS Committee on
Political and Juridical Affairs
Proposed American Declaration on the Rights of Indigenous Populations - GT/DADIN/doc.1/99
rev. 2
Draft work plan 2000/2001 - GT/DADIN/doc.6/00 rev. 5
Working document comparing the proposed American Declaration on the Rights of
Indigenous People (Approved by the Inter-American Commission on Human Rights in
March 1997) and the proposals made by States and Indigenous Representatives at
OAS Meetings in 1999 - GT/DADIN/doc.9/01
Special Meeting of the Working Group (April 2-6, 2001) - GT/DADIN/doc.14/01
Draft schedule - GT/DADIN/doc.19/01 corr. 1
Lista de Participantes (List of Participants) GT/DADIN/doc.21/01 rev. 2
Report of the Chair GT/DADIN/doc. 23/01 rev. 1
Nuevas propuestas (New proposals) GT/DADIN/doc.23/01 add. 2
Declaration of Machu Picchu on
Democracy
The Rights of Indigenous Peoples and the Fight Against Poverty
GT/DADIN/doc.34/01
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- 12 January 2001
- Ambassador Ronalth Ochaeta Argueta
Permanent Representative of Guatemala to the OAS
President of the Working Group
-
Special Session of the Working Group to prepare the Proposed American
Declaration on the Rights of Indigenous Peoples
Permanent Council of the Organization of American States,
Committee on Juridical and Political Affairs
Washington, D.C.
April 2, 2001
- Excerpts from the Inaugural speech by
Ronalth Ochaeta in the Special Session of the Working Group:
We must make a joint effort, not only be dissonant voices, and take
an interest in participating and giving support through the dialogues
and negotiations.
Let's leave behind antagonisms.
We should take from the deepest part of our hearts that feeling of
solidarity and comprehension that characterizes our ancestral peoples,
and see the other as our brother and feel part of a greater project,
- the project of the American family.
Opening Remarks
View Video
OAS CONSIDERS DRAFT AMERICAN
DECLARATION ON INDIGENOUS RIGHTS
Press Release (E-078/01)
April 2, 2001
The consolidation of
democracy and human rights protection in the Hemisphere involves the
full respect of the rights of indigenous peoples, says Guatemala's
Ambassador to the Organization of American States (OAS).
Ambassador Ronalth Ochaeta declared on Monday that "for centuries,
millions of indigenous men, women, boys and girls have been socially,
economically and politically marginalized all across the hemisphere." He
added: "We cannot afford to turn a blind eye to this reality, but must
work together towards those ideals set forth in the OAS Charter."
Inaugurating a special, weeklong session of the OAS Working Group to
Prepare the Draft American Declaration on the Rights of Indigenous
Populations, the Guatemalan diplomat, who is also the Working Group's
Chairman, commented as well on the participation of more than 70
indigenous leaders from around the Hemisphere, along with
representatives from the 34 OAS member states. "This is a wonderful
opportunity for us to discuss issues and exchange views."
- Stuart Patterson
- Chief
- Tuscarora Nation
Haudenosaunee
We believe that the spirit of the dialogue established during
this Working Group session will encourage all States to also make
commitments to the development of a strong declaration that
recognizes the rights of Indigenous Peoples in this hemisphere.
States representatives must travel to Indigenous territories to
listen to the voices and opinions from the grassroots people who
would become beneficiaries of this Declaration. This dialogue would
be equally as important as that used in the Working Group meetings.
Closing Remarks
View
Video
- What are the rights of Indigenous
Peoples? Where are they enshrined and how are they respected? What
are the mechanisms that can bring about justice when Indigenous
rights are violated? What rules of international law can ensure
accountability and compliance?
The issues challenging and impacting the adoption of this
Declaration in relation to local, regional, national and global
agendas/politics and worldviews are both sensitive and volatile. How
can the recognition of this international instrument enhance the
quality of your life and the collective vision of your community?
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JOIN THE GLOBAL DIALOGUE ON HUMAN RIGHTS
Click to send EMail
Your comments will be posted.
Information Office International
Indian Treaty Council (iitc@igc.apc.org)
from San Francisco wrote:
Subject: Dialogue on the OAS draft declaration
Date: Saturday, December 16, 2000 1:30 PM
Thank you for the invitation to join the dialogue. As you may be aware,
the IITC has had an interest and worked on the UN draft as well as the
Permanent Forum. Generally, the Organization of American States has had a
draft declaration on the rights of Indigenous Peoples on the table for
some time, since about the same time that the UN started considering its
UN draft declaration.
The OAS draft has gone through its Inter-American Human Rights Commission
and now awaits action by the member states of the OAS, all of the American
states from Canada to Chile, and the Carribbean (I think Cuba was
expelled, but maybe not).
One major complaint has been that only the the Indigenous Institutes (the
BIA, the Mexican Indigenous Institute, all charter governmental
organizations of the OAS) have had input. I understand now that the OAS
has an accreditation process (new) for NGOs that it never had before, due
much to the complaints about the OAS draft declaration on the rights of
Indigenous Peoples.
The declaration itself is an ILO 169 rehash, with the same disclaimer on
"peoples" (the word does not have the same significance that normally
ensures to the term under international law) and is therefore no
recognition of the rights of peoples at all.
Although it says that traditional and territories are "impriscriptable and
inalienable" it also provides that states may be the owners of the
resources of the soil and subsoil, and that when the state requires, by
necessity, to move Indigenous Peoples from these lands, that they should
be compensated by lands of equal extent and value.
We don't believe that the declaration should be used to establish the
rights of states to Indigenous natural resources. Article 1 of the UN
International Covenant on Civil and Political Rights (in common with
Article 1 of the ICESC) establishes the right of all peoples to their
natural resources and development.
This OAS declaration would establish a lesser standard than already
recognized by these UN conventions with regards to Indigenous Peoples. Why
should only Indigenous Peoples not have this right, when all other peoples
do?
We also believe that Indigenous Peoples should not be removed from their
traditional lands for any reason. We also do not believe that compensation
should be in the form of other lands or money. We believe that adequate
reparations for the loss of lands can only be in the return of the land
itself, or restitution.
The IITC is against the passage of this declaration primarily for the
above reasons. If the American States want to have ILO 169 as the
standard, they should adopt that convention, but not make it the ceiling
for all Indigenous rights. We are not against ILO 169, and like many other
Indigenous Peoples and their organizations, support universal adoption of
169. But it has many shortcomings, and should not be the final word on
international recognition of Indigenous rights.
With the UN declaration, we are seeking that the full rights of peoples be
recognized as the rights of Indigenous Peoples. This includes the right of
self-determination.
Since 1982 in the Working Group on Indigenous Populations, and since 1994
at the Commission on Human Rights, thousands of Indigenous representatives
of hundreds if not thousands of Indigenous Nations and organizations, have
remained steadfast and strong in our insistence that the UN draft
declaration recognize the full scope of all collective rights of
Indigenous Peoples, including the right of Self-Determination. We would be
foolish indeed to accept a less standard from the OAS.
Although the OAS draft does provide for local autonomy in some matters,
this part has been qualified or amended recently. A Canadian NGO, IORD,
had a forum a few years ago, where the draft was reworked, with regard to
the points above, I think, as well as defining intellectual property
rights with more precision.
The IITC welcomes the opportunity to exchange views with other Indigenous
organizations and Nations, because we believe that the rights of peoples
fully recognized are necessary for our survival as peoples.
INTERNATIONAL
INDIAN TREATY COUNCIL
Information Office Administrative Office
2390 Mission Street, #301-302, San Francisco, California 94110
Telephone: (415 641-4482 Fax: (415) 641-1298
email: iitc@igc.apc.org
456 N. Alaska Street, Palmer, Alaska 99645
Telephone: (907) 745-4482 Fax: (970) 745-4484
email: iitcak@ak.net |
UNITED NATIONS DRAFT DECLARATION ON THE RIGHTS
OF INDIGENOUS PEOPLES
United Nations Commission on Human Rights
Report of the Sub-Commission on
Prevention of Discrimination and Protection of Minorities on Its Forty-Sixth
Session
United Nations Economic and Social Council
E/CN.4/1995/2,
E/CN.4/Sub.2/1994/56, (28 October 1994)
Original: English
INTERNATIONAL
LABOUR ORGANIZATION
Convention (No. 169) concerning Indigenous and Tribal Peoples
in Independent Countries
Indigenous and Tribal Peoples:
A Guide to ILO Convention No. 169
Recent Developments in the ILO
concerning Indigenous and Tribal Peoples
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