THE GENERAL ASSEMBLY,
RECALLING its resolutions AG/RES. 1022 (XIX-O/89), AG/RES. 1479 (XXVII-O/97),
AG/RES. 1549 (XXVIII-O/98), AG/RES. 1610 (XXIX-O/99), AG/RES. 1708 (XXX-O/00),
AG/RES. 1780 (XXXI-O/01), AG/RES. 1851 (XXXII-O/02), and AG/RES. 1919
(XXXIII-O/03);
BEARING IN MIND that, since resolution AG/RES. 1022 (XIX-O/89) of 1989, the
General Assembly has requested the Inter-American Commission on Human Rights “to
prepare a juridical instrument relative to the rights of the Indian peoples” and
that, through resolution AG/RES. 1610 (XXIX-O/99), the General Assembly
established a Working Group of the Permanent Council to consider the “Proposed
American Declaration on the Rights of Indigenous Peoples” presented by the IACHR
(CP/doc.2878/97 corr.1);
CONSIDERING the commitments undertaken by the Heads of State and Government
in the Declaration and Plan of Action of the Third Summit of the Americas, held
in Quebec City, and renewed in the Declaration of Nuevo León, at the Special
Summit of the Americas, in Monterrey, Nuevo León, Mexico, in January 2004, when
they supported an early and successful conclusion of negotiations on the Draft
American Declaration on the Rights of Indigenous Peoples;
ACKNOWLEDGING the important contributions received by the Specific Fund to
Support the Preparation of the American Declaration on the Rights of Indigenous
Peoples and the efficient work of the Selection Board in choosing
representatives of the indigenous peoples to receive financing from the Specific
Fund;
NOTING WITH SATISFACTION the holding of three meetings of the Working Group
to Prepare the Draft American Declaration on the Rights of Indigenous Peoples in
the final phase of negotiations in pursuit of points of consensus among
representatives of the member states and representatives of the indigenous
peoples, in keeping with the mandate issued in operative paragraph 4,
subparagraphs (a), (b), and (d), of resolution AG/RES. 1919 (XXXIII-O/03); and
HAVING SEEN the report of the Chair of the Working Group on activities
carried out over the past year, which pointed out, in particular, the progress
made at the three meetings held in the final phase of negotiations in the quest
for points of consensus in Washington D.C., in November 2003 and in January and
April 2004,
RESOLVES:
1. To reaffirm as a priority of the Organization of American States the
adoption of the American Declaration on the Rights of Indigenous Peoples,
emphasizing the importance of effective participation by the indigenous peoples
in the process of preparing the Draft Declaration.
2. To commend the final phase of negotiations initiated by the Working Group
to Prepare the Draft American Declaration on the Rights of Indigenous Peoples,
in which negotiation meetings were arranged in pursuit of a consensus and an
early and successful conclusion of the Draft Declaration.
3. To renew the mandate of the Working Group so that it may continue the
final phase of negotiations on the Draft Declaration, starting from the
consolidated text of the Draft Declaration prepared by the Chair of the Working
Group (GT/DADIN/doc.139/03) and considering the Draft Declaration presented by
the Inter-American Commission on Human Rights (CP/doc.2878/97 corr. 1) and the
proposals by member states, representatives of indigenous peoples, specialized
agencies of the inter-American system, and other entities.
4. To request the Permanent Council to instruct the Working Group:
a. In the framework of the next meeting of negotiations, to recommend a date
for conclusion of the final phase of negotiations for the adoption of the Draft
American Declaration on the Rights of Indigenous Peoples, with participation by
one indigenous representative from each member state of the Organization,
designated by the respective indigenous peoples. The Permanent Council will be
informed of the said decision through the Committee on Juridical and Political
Affairs.
b. When the Permanent Council has been informed of the said date, to continue
to strengthen the methodology for the process and to establish the dates and
procedures for the meetings needed to reach the aforementioned objective, taking
into account the participation of the indigenous peoples.[1]/
c. To take the appropriate measures to ensure continuing transparency of and
effective participation by representatives of indigenous peoples in the meetings
for negotiation in pursuit of points of consensus;
d. To convene, when appropriate, a special meeting of the Working Group, with
broad and effective participation by representatives of indigenous peoples,
which should examine the status of the process and assess the level of consensus
reached on the Draft Declaration; and
e. To determine, when appropriate, the steps to be taken for final adoption
of the Draft American Declaration on the Rights of Indigenous Peoples, should
substantial progress be achieved in the negotiations phase.
5. To thank the member states, permanent observers, and institutions for
their valuable contributions to the Specific Fund to Support the Preparation of
the American Declaration on the Rights of Indigenous Peoples and to invite them
to continue supporting the objectives of the Fund with their contributions.
6. To invite the governments of the member states to continue to conduct
domestic consultations with their indigenous peoples on the Draft Declaration
and to promote information exchanges among countries regarding those
consultations.
7. To request the Secretary General to enhance coordination, awareness, and
promotion of activities on indigenous issues among the various pertinent organs,
agencies, and entities of the Organization and to promote the exchange of
information and coordination with multilateral organizations, development banks,
and specialized multilateral agencies of the Hemisphere on these activities.
8. To request the Inter-American Commission on Human Rights and its Special
Rapporteur on Indigenous Peoples, and the General Secretariat of the
Organization to continue to lend their valuable support to the process of
drafting the American Declaration on the Rights of Indigenous Peoples; and to
thank them for their ongoing contributions to that process.
9. To invite the multilateral organizations, development banks, and
specialized multilateral agencies of the Hemisphere to contribute, in their
areas of competence, to establishing a process of dialogue and consultation with
indigenous peoples and to facilitate the exchange of information and
coordination with other bodies of the inter-American system on activities
relating to indigenous peoples, including activities undertaken in the context
of the Summits of the Americas process.
10. To request the Permanent Council to follow up on this resolution, which
will be implemented within the resources allocated in the program-budget of the
Organization and other resources, and to present a report on its implementation
to the General Assembly at its thirty-fifth regular session.
--------------------------------------------------------------------------------
[1]. The following statement by Canada has been presented regarding operative
paragraphs 4.a and 4.b:
Canada's understanding of the resolution is that one of the possible outcomes
of the decision to be taken at the next meeting of negotiations on a date for
the conclusion of the final phase of negotiations for the adoption of the draft
American Declaration on the Rights of Indigenous Peoples is that it may be
inappropriate or premature to fix a date at that time. It is also our
understanding that in discussions on the strengthening of the methodology of the
process and the establishment of dates and procedures for the relevant meetings,
it will also be necessary to discuss the financing of this process. |