CP/RES. 873 (1459/04)

AMENDMENTS TO THE SPECIFIC FUND TO SUPPORT THE ELABORATION
OF THE AMERICAN DECLARATION ON THE RIGHTS OF INDIGENOUS PEOPLES

(Adopted at its session held on December 15, 2004)

THE PERMANENT COUNCIL OF THE ORGANIZATION OF AMERICAN STATES,

NOTING that on May 8, 2002, the Permanent Council, by way of resolution CP/RES. 817 (1319/02), established the Specific Fund of voluntary contributions to provide financial support for participation by indigenous peoples’ representatives in the efforts to prepare the Draft American Declaration on the Rights of Indigenous Peoples (hereinafter the Specific Fund);

CONSIDERING that, since its creation, the Specific Fund has allowed representatives of indigenous peoples of the member states to participate in the Working Group meetings held at OAS headquarters;

BEARING IN MIND the need to include the administrative expenses directly related to the participation of the representatives of the indigenous peoples in the process of elaborating the draft Declaration in operative paragraph 6 of resolution CP/RES. 817 (1319/02); and

BEARING IN MIND ALSO the need to specify the procedure for selection of the three indigenous members of the Selection Board, the length of their term in office, and the composition and decision-making procedure of the Selection Board, in keeping with operative paragraph 4 of resolution CP/RES. 817 (1319/02),

RESOLVES:

To adopt the amendments to the Specific Fund to Support the Elaboration of the American Declaration on the Rights of Indigenous Peoples.

SPECIFIC FUND TO SUPPORT THE ELABORATION OF THE AMERICAN DECLARATION ON THE RIGHTS OF INDIGENOUS PEOPLES

1. To establish the Specific Fund of Voluntary Contributions to Support the Elaboration of the American Declaration on the Rights of Indigenous Peoples, hereinafter “the Fund,” the purpose of which shall be to provide financial support for participation by indigenous peoples’ representatives in the efforts by the Working Group to Prepare the Draft American Declaration on the Rights of Indigenous Peoples, as well as in other activities of the Group. This financial support shall be limited to defraying the costs directly related to the participation by indigenous peoples’ representatives in the process of elaborating the Draft Declaration, including travel, per diem, and health insurance expenses and those directly related to the logistics of the Indigenous Peoples’ caucus.

2. The beneficiaries of the Fund shall be chosen on the basis of the following criteria:

a. They must be representatives of indigenous organizations and communities. To facilitate selection, applicants must submit a letter from their respective organization or community designating them as their representatives. The same letter must include information supporting the request for financial assistance.

b. The representatives appointed by the indigenous organizations and communities may submit their communications to the Selection Board in any of the official languages of the Organization (English, French, Portuguese, and Spanish).

c. No more than two representatives from each indigenous organization or community shall receive financial support to participate in a single event, subject to the availability of funds.

d. The Selection Board shall take into account the equitable geographic representation of beneficiaries.

e. The Selection Board shall take gender equity and equality into account, and indigenous organizations and communities should consider this recommendation in selecting their representatives.

3. The Specific Fund shall consist of voluntary contributions by OAS member states and permanent observers to the Organization, as well as contributions by persons or institutions, whether public or private, national or international, wishing to finance achievement of the aim set forth in resolutive paragraph 1. Contributors to the Fund may specify that their contributions may also be used to finance other activities of the Working Group or participation in its meetings by experts on indigenous issues.

4. To instruct the Secretary General to administer the Fund in accordance with the General Standards to Govern the Operations of the General Secretariat and other rules and regulations of the Organization, with the support of a Selection Board.

a. The Selection Board shall be composed of five members, who shall be: the present chair and vice chair of the Working Group, and, in their personal capacity, three indigenous representatives: one from South America, one from Central America or the Caribbean, and one from North America; they shall perform their functions ad honorem.

b. The indigenous members of the Selection Board shall be appointed for a 12-month term or, once that period has expired, until the next meeting held by the Working Group with the participation of representatives of indigenous peoples, at which the new indigenous members of the Board shall be appointed.

c. The representatives of indigenous peoples shall appoint the indigenous members of the Selection Board through mechanisms they themselves establish and shall convey their decision to the General Secretariat in writing.

d. The decisions of the Selection Board shall be adopted by consensus. The specific criteria for the selection of the beneficiaries shall be determined in accordance with the general criteria established in operative paragraph 2.

e. Consultations among members of the Selection Board shall take place by electronic or similar means, if possible, so as to avoid the additional expenses involved in holding its own meetings.

5. To invite all member states, permanent observers, and other donors, as defined in Article 73 of the General Standards to Govern the Operations of the General Secretariat and other provisions and regulations of the Organization, to contribute to this Specific Fund.

6. The costs of administering the Fund shall be covered by the Fund itself. All communications, to the extent possible, shall be conducted by electronic or similar means, so as not to incur additional expenses.

7. These guidelines in respect of the Fund shall take effect following their adoption by the Permanent Council and may be amended by the Council itself, on its own initiative or at the recommendation of the Secretary General or of the Selection Board mentioned in paragraph 4.

8. The viability and efficacy of the Fund shall be reviewed by the Permanent Council two years from the date of its establishment, or earlier if the Secretary General reports that there are insufficient resources in the Fund to carry out or maintain the selection process.

9. The Specific Fund’s accounts shall be audited by the General Secretariat’s external auditing firm and its financial statements published in the annual report of the Board of External Auditors.