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.
Ambassador Eduardo Ferrero Costa, Permanent Representative of Peru to the OAS,
President of the Working Group, Commission on Juridical and Political Affairs,
Permanent Council of the OAS, chaired the subsequent Special Meetings of the
Working Group in 2002 and 2003.
SPECIAL SESSION OF THE WORKING
GROUP TO PREPARE THE DRAFT AMERICAN DECLARATION ON THE
RIGHTS OF INDIGENOUS PEOPLE
Washington, D.C.,
February 24-28, 2003
DOCUMENTS
Permanent Council of the OAS Committee on
Political and Juridical Affairs
Agenda - GT/DADIN/doc.111/02 rev.1
Invitation - GT/DADIN/doc.115/03
Interventions by the Delegation of the United States GT/DADIN/doc. 123/03 rev. 1
Interventions by the Delegation of Canada GT/DADIN/doc.125/03 rev. 1
List of participants GT/DADIN/doc.126/03
Statement of the Indigenous Peoples caucus GT/DADIN-128/03
Letter from Héctor Huertas to the Chair of the Working Group GT/DADIN-133/03
OAS WEBCAST
Special meeting of the working group
to prepare the draft American Declaration
on the Rights of Indigenous Peoples
3 13' Original language Spanish
General dialogue on preparation of the
Draft American Declaration on the
Rights of Indigenous Peoples.
First work session: Section Five:
Social, Economic, and Property Rights
2 12' Original language Spanish
Second work session: Section Five:
Social, Economic, and Property Rights.
First part
1 8' Original language Spanish
Second work session: Section Five:
Social, Economic, and Property Rights
Second part
1 8' Original language Spanish
Fourth work session: Section Six:
General Provisions
2 04' 27" Original language Spanish
Fifth work session: Section Six:
General Provisions
2 57' 24" Original language Spanish
Sixth work session: Section Two:
Human Rights.
2 32' 31" Original language Spanish
Seventh work session: Preamble.
Eighth work session: Preamble.
1 37' 27" Original language Spanish
Closing Session:
Remarks by the OAS Assistant Secretary General,
Ambassador Luigi Einaudi,
Report of the Rapporteur for the Special Meeting,
Dr. Osvaldo Kreimer,
Remarks by a representative of the indigenous peoples,
Closing remarks by the Chair of the Working Group,
Ambassador Eduardo Ferrero Costa
1 17' 32" Original language Spanish
Statement of the Indigenous
Peoples Caucus before the
OAS Working Group to Prepare the Draft American
Declaration on the Rights of Indigenous Peoples
Issue: Process
(February 27, 2003)
My name is Danielle Lazore of the
Haudenosaunee people. The statement that I am about to read is presented here
today on behalf of the entire Indigenous Peoples' Caucus.
Ambassador Ferrero, esteemed government delegates and representatives of
indigenous peoples, members of the OAS Secretariat and the Inter-American
Commission on Human Rights, we thank you for your presence here this week and
for the support that so many of you have shown to this process. As we get ready
to close this session the Indigenous Peoples' Caucus would like to take this
opportunity to say some final words about how we see this draft declaration
process moving forward.
Mr. Chair: In the weeks and months to come, the member states of this Working
Group will meet to discuss how this body will complete its work on the
elaboration of this historical document. Based on statements that we have heard
this week, it appears likely that you will begin to discuss the most serious
task of defining the conditions and methods by which you will carry out a new
phase of work - a so-called "negotiation" phase. As this session closes and you
prepare to undertake this task, we offer the following as guidance and we
respectfully urge you to consider these matters in your deliberations.
First, in order to enter the next phase with an atmosphere of trust, an
important principle must be understood. Indigenous peoples, nations, and their
organizations understand that the word "negotiation" is a term of art that
states use to describe a period of deliberation and adoption of text.
Nevertheless, it needs to be clarified that neither indigenous peoples nor
governments can or should be "negotiating" human rights. Human rights are
inherent and inalienable. Human rights should be recognized, promoted, and
protected. They should not, however, be the subject of deal making or
compromises. Human rights may not be traded like political favors.
With this said, we want to make it clear that any mechanism or method of work
that is created or utilized by this Working Group to further its efforts will
cease to be legitimate if it pretends to have the authority to negotiate the
human rights of others. Stated another way, any process to declare the
rights of victims of human rights abuses - whether it addresses indigenous
peoples, minorities, women, or the disabled - will be legitimate only if it
includes the full participation of the interested beneficiaries and only if the
declaration is supported by a broad consensus of the intended beneficiaries.
Second, on Monday we heard the Secretary General express the desire to
have the draft declaration ready for adoption at the General Assembly in 2004.
We have also heard many delegates express the need to move forward with the
process in a more aggressive manner. Mr. Chair, esteemed government delegates,
while we strongly support the increased state commitment to mounting a more
serious effort towards the adoption of this declaration, we wish to state
something very clearly: indigenous peoples will not sacrifice content for speed.
Unless the final declaration is strong and effective, its adoption will be
meaningless and will threaten to undermine the parallel declaration being
considered at the United Nations. Mr. Chair, the discussions that have taken
place over the last few years in this Working Group have revealed that there are
many aspects of this draft declaration that still do not express a minimum
standard of rights for indigenous peoples. With that said, absent certain
modifications, it would not be possible for us to support state adoption of the
existing text in 2004. We do believe, however that there is enough expertise and
emerging confidence in this room to allow us to all work together to arrive at a
declaration that can be acceptable to all parties in the near future. We look
forward to working with the member states in this room to achieve that end.
Thirdly, I would like to specifically address how this Working Group can
strengthen the partnerships that have been developed between indigenous peoples
and states over the last few years and in particular, how this body will include
indigenous peoples in the next phase of its work.
In the past three years, states and indigenous peoples have worked together to
make great strides in increasing indigenous participation in this process and
creating an environment for open and frank discussions. With every new session
(including this one), the dialogue and mutual trust has reached new levels of
mutual respect and seriousness. Nevertheless, the so-called "negotiation" phase
is likely to bring forth an entirely new dynamic. States who have not already
done so will finally need to complete their analysis of the draft declaration,
consult with their indigenous peoples back home, seek the advice and counsel of
their relevant national offices and ministries, and place on the table their
full comments, critiques, and concerns regarding the draft language. Mr. Chair,
some states still have failed to put on the table for discussion their real
concerns and positions.
We understand that it is precisely because of this need for open and frank
dialogue that some states want to restrict indigenous participation in these
meetings in the future. At this time, we would like to make it very clear to
this Working Group, that it will be entirely unacceptable for members states to
decrease the presence of indigenous representatives in these meetings. If
indigenous participation is to be truly meaningful, then we must be present when
states begin to fully articulate their positions. Only then can we adequately
respond and work together to reach understandings that can allow us to elaborate
an instrument that is acceptable to both indigenous peoples and states. Only
then can we achieve the necessary consensus to adopt this declaration. States
should not be apprehensive about this ongoing dialogue. It is an opportunity to
forge new relationships with indigenous peoples that will benefit all concerned.
With all of this said, we preliminarily offer the following (5) criteria for
future meetings during this new phase of work.
1) First, there must be full participation of indigenous peoples in all meetings
where members states are "negotiating" text. While we understand that throughout
the year the Working Group meetings are open to observers, such mechanisms will
not be sufficient when carrying out this new phase. There must be ample, full,
direct and meaningful participation. We understand that limited resources will
be a significant obstacle to creating an environment for every working session
such as the one we have today. As such, each of our governments and
organizations must make a commitment to working together to find mechanisms to
allow for the largest participation possible and the most transparency possible.
2) With respect to transparency,
we are pleased by the internet simulcast of these meetings. We would like to
further encourage the member states, in consultation with indigenous peoples, to
consider creative ways for increasing the transparency of such meetings in the
future. Mr. Chair, the introduction of bulletins for the inter-sessional Working
Groups have been welcomed. We would add, however, that in the future it will be
necessary to find mechanisms that will permit the availability of more detailed
summaries of these meetings. Full transparency means, at the very least, that
indigenous peoples who are not present at a given meeting must be aware of the
specific positions being taken by individual states. Only with this information
can they open a dialogue with their states and others to reach understandings
about the subjects of concern.
3) National consultations between governments and indigenous peoples must also
take place at the same time as we enter into this new phase. Open and frank
dialogue within these Working Group meetings is no substitute for the advances
in understanding that can take place in national consultations. The purpose of
the rights recognized in this declaration is to help foster a new era in the
existing relationships and partnerships between states and their indigenous
peoples. For this reason, we offer the following suggestion. Before the next
special session, we would request that each state submit a written report to the
Chair of the Working Group which summarizes the steps they have taken during the
year with respect to the national consultations they have carried out with
indigenous peoples as well as any support they may have given to indigenous
peoples so that they might organize and conduct their own consultations and
training. At the beginning of the next special session, we ask that the Chair
make these reports available to all participants.
4) As states develop the conditions and methods of work towards the finalization
of this declaration, we wish to make it clear that such a process should not
contemplate the adoption of the draft declaration - one article at a time. The
declaration must be reviewed and analyzed as a whole. As each of you know, one
article can have the effect of significantly strengthening or weakening another
existing article. For instance, the absence of an express recognition of
self-determination in this declaration will likely be fatal to the whole text.
As many governments have expressed in their own statements this week, it is hard
to provide a final conclusion on one article, prior to the resolution of issues
addressed in related articles. For this reason, indigenous peoples also cannot
offer their support for the adoption of this declaration until it can be
evaluated as a whole document.
5) Lastly, the states must approach this new phase of work with an increased
level of seriousness. For this reason, it is essential that in all future
meetings, there is the presence of state officials with the authority to make
decisions about the final wording of the draft declaration text.
Mr. Chair, esteemed government delegates, observer states and friends, we have
offered these words in an effort to improve upon the developing partnership that
this body has helped to create. Despite our differences, no one can deny that
together, member states and indigenous peoples have accomplished something
historic for all the peoples of the Americas. We are opening the doors of the
OAS to the whole of civil society and we are strengthening democracy against its
many enemies.
Esteemed government delegates, this declaration is more than just words that can
be disregarded or dismissed as mere aspirations. It will constitute the highest
moral commitment by states to not only affirm what they believe are the rights
of indigenous peoples, but to also contribute to the strengthening and
development of international and domestic laws that effectively recognize,
promote and protect these rights. As you the member states begin deliberations
next month about the future work of this group, we ask that you consider that
the very process that you articulate represents the commitment of each of your
countries to the full realization of the principles and rights articulated in
this document.
Mr. Chair, on behalf of the
Indigenous Peoples' Caucus, I thank you for this opportunity to address this
important body. We will make copies of this statement available to the Chair in
both Spanish and English.
DIALOGUE ON HUMAN RIGHTS
SECTION TWO OF THE DRAFT DECLARATION: ARTICLES II and VI
In the Draft Declaration, the
articles pertaining to Human Rights were taken up again in this Special Session
of the Working Group, having been discussed previously in the 2001 session
chaired by Ambassador Ochaeta.
What progress is being made and what are the obstacles to achieving consensus in
the Human Rights section which ensures that this Declaration enshrines rights
which surpass the existing basic international standards (ILO Convention 169,
etc.)?
SECTION TWO
HUMAN RIGHTS
Article II
Article II. Full observance of human rights
1. Indigenous peoples have the right
to the full and effective enjoyment of the human rights and fundamental freedoms
recognized in the Charter of the OAS, the American Declaration of the Rights and
Duties of Man, the American Convention on Human Rights, and other international
human rights law; and nothing in this Declaration shall be construed as in any
way limiting or denying those rights or authorizing any action not in accordance
with the instruments of international law including human rights law.
2. Indigenous peoples have the collective rights that are indispensable to the
enjoyment of the individual human rights of their members. Accordingly the
states recognize inter alia the right of the indigenous peoples to collective
action, to their cultures, to profess and practice their spiritual beliefs, and
to use their languages.
3. The states shall ensure for indigenous peoples the full exercise of all
rights, and shall adopt in accordance with their constitutional processes such
legislative or other measures as may be necessary to give effect to the rights
recognized in this Declaration.
AUTHORITIES AND PRECEDENTS
PERTAINING TO SECTION TWO: ARTICLES II AND VI
are available at:
Indian
Law Resource Center
BRIEFING BOOK
In relation to the situation in your
own country, do you expect to see any significant re-drafting of the current
version of Articles II and VI? How can they be improved? What mechanisms can you
propose to hold governments accountable for violations of the basic human rights
of Indigenous Peoples?
SECTION TWO
HUMAN RIGHTS
Article VI
Article VI. Special guarantees against discrimination
1. Indigenous peoples have the right
to special guarantees against discrimination that may have to be instituted to
fully enjoy internationally and nationally recognized human rights; as well as
measures necessary to enable indigenous women, men and children to exercise,
without any discrimination, civil, political, economic, social, cultural and
spiritual rights. The states recognize that violence exerted against persons
because of their gender and age prevents and nullifies the exercise of those
rights.
2. Indigenous peoples have the right to fully participate in the prescription of
such guarantees.
JOIN THE GLOBAL DIALOGUE ON HUMAN RIGHTS
ARTICLES II AND VI
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