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[GT/DADIN/doc.139/03]
of June 17, 2003, and four meetings to address the Record of
the Current Status of the Draft American Declaration on the
Rights of Indigenous Peoples, the reference for which as of
April 2008 is document [GT/DADIN/doc.
334/08 rev. 3] of december 30, 2008 (“the Record of the Current
Status”). Most of the negotiation meetings have been held at
OAS headquarters in Washington D.C., in the United States;
the Sixth Meeting, however, was held in Antigua, Guatemala,
and the Seventh Meeting took place in Brasilia, Brazil.
a. Meeting
of Experts
The Meeting of Experts took place in Washington, D.C., on
February 10-12, 1999, pursuant to resolution [AG/RES.
1549 (XXVIII-O/98)]. It was led by the Chair of the
Committee on Juridical and Political Affairs, Mauricio
Granillo, Permanent Representative of El Salvador to the
OAS, since that Committee served as the preparatory body for
the meeting of experts.
The meeting was attended by government experts and members
of various OAS bodies, such as the President of the
Inter-American Commission on Human Rights and the Director
of the Inter-American Indian Institute. A space was also
reserved for interventions by representatives of indigenous
groups and organizations. The meeting analyzed the nine
titles in the Preamble to the Proposed American Declaration
as submitted by the IACHR and it agreed, ad referendum, on
changes to six paragraphs. In their conclusions, the experts
asked for the study of the Proposed American Declaration to
continue and urged “national institutions, organs of the
inter-American system, and nongovernmental organizations” to
submit additional comments.
b. Meeting
of the Working Group
In November 1999, pursuant to resolution [AG/RES.
1610 (XXIX-O/99)], the Committee on Juridical and
Political Affairs convened a meeting of a Working Group set
up to continue with the analysis of the Draft American
Declaration.[2] Under that mandate, a
five-day meeting was held on November 8-12, 1999. The
Committee on Juridical and Political Affairs, chaired by
Ambassador Claude Heller, Permanent Representative of
Mexico, served as the preparatory body. That meeting was
able to analyze all the operative sections of the Proposed
American Declaration prepared by the IACHR. Following the
example of the Meeting of Experts, this meeting included a
limited degree of participation by indigenous peoples’
representatives.
The indigenous representatives were able to offer comments
solely when discussion of a new topic began, which gave rise
to controversies. By the end of the meeting, the first
review of all the provisions of the Proposed American
Declaration put forward by the IACHR was complete.
c. Special
Meetings of the Working Group
In 2001, the Chair of the Working Group, Ambassador Ronalth
Ochaeta Argueta, Permanent Representative of Guatemala to
the OAS, established the Special Meeting mechanism, thereby
introducing a new series of meetings for discussing the
Draft American Declaration. The Special Meetings sought to
facilitate broader participation by indigenous
representatives in the discussion of the Draft American
Declaration. To date, four Special Meetings have been held,
at OAS headquarters.
[The First Special Meeting of the Working Group] was held on
April 2-6, 2001, pursuant to General Assembly resolution [AG/RES.
1708 (XXX-O/00)], which renewed the mandate for further
study of the Draft American Declaration and requested that
another meeting of the Working Group be held.
The meeting reviewed Articles I to IV of Section One and
Articles V to VII of Section Two. With this, the Special
Meeting began the second review of the text of the Draft
American Declaration.
The meeting’s achievements included the following: As
regards the content, it was agreed to change the term
“population” for “peoples” throughout the Draft American
Declaration, in line with a claim made by the indigenous
representatives based on international legal instruments,
particularly International Labour Organization [Convention
169], ratified by several OAS member states, and the draft
United Nations Declaration.
In addition, the rules were amended to allow broader
participation by the indigenous representatives. At the end
of the meeting, a recommendation was adopted for the
creation of a Voluntary Fund, containing financial resources
to facilitate and ensure the continued presence of
indigenous representatives from across the Hemisphere in the
discussions of the Draft American Declaration.
[The Second Special Meeting of the Working Group] was held on
March 11-15, 2002, pursuant to resolution [AG/RES.
1780 (XXXI-O/01)].
During the preparations for this Second Special Meeting, the
Chair of the Working Group, Ambassador Eduardo Ferrero
Costa, Permanent Representative of Peru to the OAS,
submitted a three-column document to assist the discussions.
This document set out, in three columns, the text of the
Proposed American Declaration presented by the IACHR,
proposals put forward by the participants, and an
alternative proposal to the IACHR’s text submitted by the
Chair (OEA/Ser.K/XVI/GT/DADIN/doc.53/02). At the same time,
a study group was also set up under the leadership of the
delegation of Colombia to examine the topic of free
determination.
The Second Special Meeting analyzed Articles VII to XVIII of
the Proposed American Declaration put forward by the IACHR,
thereby covering provisions from Sections Three, Four, and
Five. At the meeting, two working panels of international
experts were established; their work focused on Sections
Four (Organizational and Political Rights) and Five (Social,
Economic, and Cultural Rights). The experts also addressed
the subject of free determination and its incorporation
alongside the political integrity and territorial
sovereignty of states.
To ensure participation by indigenous representatives, the
Chair secured funding for 40 indigenous representatives from
the member states to attend, which was a major landmark in
the Draft American Declaration analysis process.
[The Third Special Meeting] was held on February 24-27, 2003,
at OAS headquarters, in compliance with resolution [AG/RES.
1851 (XXXII-O/02)].
The meeting, chaired by Ambassador Eduardo Ferrero Costa,
Permanent Representative of Peru to the OAS, analyzed
Section Five (Articles XVIII, XIX, XX, and XXI), Section Six
(Articles XXII, XXIII, XXIV, XXV, XXVI, and XXVII), and
Section Two (Articles II, III, IV, V, and VI) of the
Proposed American Declaration submitted by the IACHR. The
meeting brought to an end the first complete review of the
provisions of the Proposed American Declaration presented by
the IACHR by the special meeting process. In practical
terms, this was the second review of the text, if the period
preceding the special meetings is taken into consideration.
To ensure participation by indigenous representatives, this
meeting inaugurated the Specific Fund created the previous
year, covering the traveling expenses of 55 such
representatives.
[The Fourth Special Meeting of the Working Group] lasted only
two days, from February 10 to 11, 2005, as established by
operative paragraph 4(d) of resolution [AG/RES.
2029 (XXXIV-O/04)]; it was chaired by Ambassador Juan
León Alvarado, Alternate Representative of Guatemala to the
OAS.[3] This meeting was held within the
framework of the Fifth Meeting of Negotiations in the Quest
for Points of Consensus; consequently, three days were set
aside for the Meeting of Negotiations and two for the Fourth
Special Meeting, which addressed specific topics as
instructed by the aforesaid General Assembly resolution.
The meeting involved exchanges among the participants about
the progress the process had made, the participation of the
indigenous representatives, the holding of national
consultations, and the negotiation procedure. It also
considered a possible date for concluding the final stage of
negotiations for the adoption of the Draft American
Declaration.[4] Discussions revealed that
most of the representatives of the member states and the
indigenous peoples were reluctant to establish a target date
([GT/DADIN/doc.222/05]).
Some 80 representatives from the Hemisphere’s indigenous
peoples participated in the Indigenous Caucus ([GT/DADIN/doc.217/05
rev.1] of March 31, 2005).
[The Fifth Special Meeting of the Working Group] was styled
the Meeting to Reflect on the Meetings of Negotiations in
the Quest for Points of Consensus. It took place at OAS
headquarters on November 26-28, 2007, and was chaired by
Ambassador Reynaldo Cuadros, Permanent Representative of
Bolivia to the OAS. The meeting analyzed and discussed four
issues: the impact on the OAS process of the United Nations
Declaration on the Rights of Indigenous Peoples; the topic
of informal consultations; the working method; and a series
of new proposals. At the close of the event on November 28,
the Working Group’s results and recommendations were
presented to the Permanent Council, which duly took note of
that submission.[5] For further
information, see the Chair’s Report, [GT/DADIN/doc.321/08]
of January 14, 2008. As follow-up to the Reflection Meeting,
the Permanent Council included the topic in its regular
meeting of February 20, 2008. On that occasion the member
states were urged to submit any additional comments on the
results and recommendations formulated by the Reflection
Meeting.[6]
The event was attended by 48 representatives of indigenous
peoples in the Caucus ([GT/DADIN/doc.319/07] of December 5,
2007).
[The Sixth Special Meeting of the Working Group] was held at
OAS headquarters from December 9 to 12, 2008. It was chaired
by Ambassador Reynaldo Cuadros, Permanent Representative of
Bolivia to the OAS. In attendance were 101 participants,
including 80 representatives of the indigenous peoples who
are members of the Caucus. It was possible through the
indigenous fund to finance the attendance of 23 indigenous
representatives from various OAS member states.
The agenda for the Special Meeting consisted of the
following two points: Evaluation and strengthening of the
process of negotiation of the American Declaration on the
Rights of Indigenous Peoples, and proposal of specific
actions to address consideration of the fundamental topics
of the Declaration (GT/DADIN/doc.351/08, of October 29,
2008).
Prior to the Special Meeting, the Chair presented a
reference document, dated November 24, 2008, containing the
outcome of consultations (GT/DADIN/doc.357/08
rev. 1 corr. 1), as established in operative paragraph
3.b of General Assembly resolution AG/RES. 2368
(XXXVIII-O/08).
At the conclusion of the meeting, the Chair submitted a
document of proposals emanating from the special meeting (GT/DADIN/doc.360/08
rev. 1), dated December 12, 2008. That document sets
three main proposals, and a tentative list of nine
distinctive characteristics of the region, for subsequent
consideration by the Working Group to Prepare the Draft
American Declaration on the Rights of Indigenous Peoples.
The report by the Chair, may be consulted in the document [GT/DADIN/doc.362/08
rev. 1]
d. Meetings
of Negotiations in the Quest for Points of Consensus
In June 2003, the General Assembly adopted resolution
[AG/RES. 1919 (XXXIII-O/03)], beginning a new phase in the
review of the Draft American Declaration and consolidating
the participation of indigenous representatives in the
Working Group. Along with renewing the mandate of the
Working Group, the General Assembly requested that “the
final phase of negotiations” commence and that a first round
be held in October 2003 on the basis of the Chair’s
Consolidated Text. It also instructed the Working Group “to
ensure continued transparency and effective participation by
representatives of indigenous peoples during the
negotiations” and stated that the negotiations would take
place exclusively among the member states. Finally, the
General Assembly charged the Working Group with setting
modalities for the meetings and determining the dates of
subsequent rounds.
Pursuant to this mandate, the Working Group, chaired by
Ambassador Eduardo Ferrero Costa, established the Meetings
of Negotiations in the Quest for Points of Consensus, which
seek to reach consensus regarding the Chair’s Consolidated
Text, serving as the main but not exclusive reference point
for the negotiations. Thus, the Working Group invariably
uses the Proposed American Declaration submitted by the
IACHR and the proposals made by the member states and
indigenous representatives as additional references.
At these meetings, the indigenous representatives may
propose alternative texts and negotiate proposals made by
the member states, which represents a form of progress in
the process in that it entails direct participation by civil
society within the realm of an international organization
whose members are sovereign states. The negotiations are
characterized by a broad dialogue in which all stakeholders
can set out their positions in detail.[7]
- The First Meeting of Negotiations in the Quest for Points
of Consensus was held on November 10-12, 2003, and was
chaired by Ambassador Eduardo Ferrero Costa, Permanent
Representative of Peru to the OAS.[8] Using the Chair’s
Consolidated Text, it analyzed and discussed the four
articles from Section One dealing with the instrument’s
scope of application, the seven articles in Section Two on
human rights, and Article XII from Section Three. Consensus
was reached regarding the following points: the titles of
Section One and Section Two, together with Article V; the
title of Article VI and its first numbered paragraph; the
title of Article VI; and the full text of Articles IX, X,
and Xbis.[9]
- The Second Meeting of Negotiations in the Quest for Points
of Consensus was held on January 26-28, 2004, and was
chaired by Ambassador Eduardo Ferrero Costa, Permanent
Representative of Peru to the OAS. Work took place on only
two of the three scheduled days on account of a snowstorm
affecting the city of Washington, D.C., at the time. The
meeting analyzed and discussed the first four articles in
Section Three, “Cultural Identity,” of the Chair’s
Consolidated Text (Articles XII to XV). Consensus was
reached on the titles of Articles XIII and XV, and on the
first numbered paragraph of the latter article.
- The Third Meeting of Negotiations in the Quest for Points
of Consensus was held on April 28-30, 2004. This meeting,
and all subsequent meetings up to the seventh, were chaired
by the Working Group’s new Chair: Ambassador Juan León
Alvarado, Alternate Representative of Guatemala to the OAS.
The Third Meeting studied Articles XVI and XVII in Section
Three of the Chair’s Consolidated Text, but only reached
consensus on the titles of those two provisions.
- The Fourth Meeting of Negotiations in the Quest for Points
of Consensus was held on November 8-12, 2004.[10] It
addressed Section Four, “Organizational and Political
Rights,” of the Chair’s Consolidated Text (Articles XIX to
XXIII). Agreement was reached on the titles of Articles XXI
and XXII, and on the third numbered paragraph of Article
XXI. The meeting also noted the existence of crosscutting
elements that apply to more than one article. It was
therefore decided to review those crosscutting aspects in
order to identify a way to incorporate them into the section
on General Provisions. In addition, an Ad Hoc Group,
coordinated by the Vice Chair of the Working Group, was
established to study the following topics: individual and
collective rights, public and private law, and third-party
rights. This group was made up by representatives of the
member states, since the indigenous peoples’ representatives
agreed to participate solely as observers. The Ad Hoc
Group’s proposed text can be found at [GT/DADIN/doc.192/04
rev.1]. In addition, as of the fourth negotiation meeting, a
modification was made to the working method: it was decided
to use footnotes in the negotiated text to explain what the
member states and indigenous representatives understood by
the language under consideration.
- The Fifth Meeting of Negotiations in the Quest for Points
of Consensus was held on February 7-9, 2005. As can be seen,
only three days were allotted for negotiations since, as
noted above, February 10 and 11 were set aside to hold the
Special Meeting of the Working Group. Within this limited
timeframe, the negotiation meeting was only able to review
Article XVIII of the Chair’s Consolidated Text, “Right to
Protection of a Healthy Environment.”
- The Sixth Meeting of Negotiations in the Quest for Points
of Consensus was held on October 10-14, 2005, in the city of
Antigua, Guatemala.[11] It was attended by some 90
representatives of the Hemisphere’s indigenous peoples (see
document [GT/DADIN/doc.235/05 rev.2]). The meeting continued
with the analysis of the Chair’s Consolidated Text,
specifically Article XXIV, “Traditional Forms of Property
and Cultural Survival. Right to Land, Territory, and
Resources” (to which a new paragraph, submitted by the
Caucus, was added); Article XXV, “Transfers and
Relocations”; Article XXVI, “Indigenous Peoples in Voluntary
Isolation or Initial Contact”; and Article XXVII, “Labor
Rights.” One new element was the organization of informal
consultations among the delegations – both those of the
indigenous peoples and those of the states – which enabled
new proposals to be distributed prior to the meeting in
order to facilitate negotiations.
- The Seventh Meeting of Negotiations in the Quest for
Points of Consensus was held on March 21-25, 2006, in the
city of Brasilia, Brazil. It was attended by 55
representatives of the Hemisphere’s indigenous peoples (see
document [GT/DADIN/doc.256/06 rev.3]). As at the meeting in
Guatemala, some state delegations held informal
consultations and exchanges prior to the event, and the
fruits of those efforts enriched the debate. This meeting
analyzed Section Six of the Chair’s Consolidated Text,
“General Provisions,” this concluded the review of the
substantive part of the Chair’s Consolidated Text, since the
Preamble was not negotiated. The study of Section Six led to
the inclusion of new articles proposed by the indigenous
representatives; the result was an increase in the number of
that section’s provisions from five to eleven articles. In
addition, several portions of the text were reviewed by some
of the delegations through internal consultations. The
current status of the provisions in Section Six can be seen
in the document “Record of the Current Status of the Draft
American Declaration on the Rights of Indigenous Peoples”
[GT/DADIN/doc.260/06]. Finally, it should also be noted that
this meeting enabled a new phase in the negotiations to
begin, in that on the last day the delegates reviewed the
first articles of the Draft American Declaration agreed on
at the seven Meetings of Negotiations in the Quest for
Points of Consensus.
- The Eighth Meeting of Negotiations in the Quest for Points
of Consensus was held on December 4-8, 2006, at the
headquarters of the Organization of American States in
Washington, DC., United States.[12] Prior to the Eighth
Meeting, on November 30, 2006, Counselor Ana Peña Doig,
Alternate Representative of Peru to the OAS and Vice Chair
of the Working Group, held consultations with several
government delegations in order to explore their positions
and establish agreements regarding the articles in Sections
One and Two of the Record of the Current Status.
This meeting was attended by 63 representatives of the
Hemisphere’s indigenous peoples. ([GT/DADIN/doc.277/06
rev.2], of December 14, 2006.)
The Eighth Meeting of Negotiations studied Articles II, III,
and IV of the Record of the Current Status, since Article I
had previously been approved at the meeting held in Brazil
in March 2006. At the end of the meeting, the updated
version of the Record of the Current Status of the Draft
American Declaration on the Rights of Indigenous Peoples was
published as document [GT/DADIN/doc.278/06] on December 8,
2006. The Chair’s report was registered as document [GT/DADIN/doc.281/07]
of January 23, 2007.
- The Ninth Meeting of Negotiations in the Quest for Points
of Consensus of the Working Group to Prepare the Draft
American Declaration on the Rights of Indigenous Peoples was
held at OAS headquarters in Washington, D.C., United States,
on January 22-26, 2007. Some 50 members of the Caucus,
listed in document [GT/DADIN/doc.282/07 rev.2] of January
26, 2007, attended the event.
The Ninth Meeting’s work dealt exclusively with Articles
XII, XIII, and XIV in Section Three, “Cultural Identity,” of
the Record of the Current Status, published at the end of
the meeting as document [GT/DADIN/doc.283/07 corr.1] of
January 26, 2007. Similarly, the New Compendium of Proposals
for the review of the Draft American Declaration on the
Rights of Indigenous Peoples was published as document [GT/DADIN/doc.280/07
rev.1, of January 26, 2007, and the Chair’s report as
document [GT/DADIN/doc.285/07] of January 9, 2007.
- The Tenth Meeting of Negotiations in the Quest for Points
of Consensus was held on April 23-27, 2007, in the city of
La Paz, Bolivia. As at the earlier meetings, the
negotiations were led by the Chair of the Working Group,
Ambassador Juan León, Alternate Representative of Guatemala
to the OAS. More than 100 members of the Caucus were in
attendance, 57 of whom were indigenous representatives from
Bolivia ([GT/DADIN/doc.296/07 rev. 1] of May 3, 2007).
The meeting studied the following articles from Section
Three, “Cultural Identity,” of the Record of the Current
Status:
Article XIV: Paragraph 1 was approved ad referendum of the
delegation of Mexico; paragraphs 2 and 5 were approved; and
while no consensus was reached on paragraphs 3, 4, and 6,
the wording was decided, which was then included in the
Record of the Current Status, thereby achieving a
significant reduction in the amount of bracketed text.
Article XV: “Indigenous Spirituality.” A review of the
article’s title was requested; at the end of the Tenth
Meeting of Negotiations, however, no consensus had been
reached. Paragraph 1 was adopted by the Working Group by
consensus; and, although no consensus was reached on
paragraphs 2, 3, and 4, they were included in the Record of
the Current Status following the discussions of the informal
drafting group.
Article XVI: “Family Relations and Ties.” No consensus was
reached on paragraph 1 of Article XVI; the bracketed text
was, however, reduced, and the wording was included in the
Record of the Current Status.
Article XVII: “Health.” A lengthy debate was unable to
produce consensus on paragraph 1; however, agreement was
reached on the wording, which was included in the Record of
the Current Status; paragraphs 3 and 4 were approved by
consensus; and paragraph 5 was referred to the informal
drafting group for consideration.
Article XVIII was referred in its entirety to the informal
drafting group, but no modifications had emerged by the end
of the Tenth Meeting of Negotiations.
The report on this meeting by the Chair of the Working Group
was published as document [GT/DADIN/doc.304/07] of May 11,
2007. At the end of the meeting, the Record of the Current
Status was published as document [GT/DADIN/doc.301/07] of
April 27, 2007[1], and the Compendium of Proposals of
Negotiations in the Quest for Points of Consensus held by
the Working Group was registered as document [GT/DADIN/doc.255/06
rev.2 add.1] of May 14, 2007. Also on this occasion, the
delegation of the United States made a declaration that was
published as document [GT/DADIN/inf.31/07] and was also
included in the Record of the Current Status.
-
The Eleventh Meeting of Negotiations in the Quest for
Points of Consensus of the Working Group to Prepare the
Draft American Declaration on the Rights of Indigenous
Peoples was held in the city of Washington, D.C., United
States, on April 14-18, 2008, pursuant to resolution
AG/RES.
2294 (XXXVII-O/07). The meeting was chaired by Ambassador
Reynaldo Cuadros, Permanent Representative of Bolivia to the
OAS. It was attended by 35 representatives of indigenous
peoples, as set out in the list of participants. At the
start of the meeting, a presentation was given by special
guest Prof. S. James Anaya on the common ground between the
United Nations Declaration on the Rights of Indigenous
Peoples and the American Declaration on the Rights of
Indigenous Peoples. This was followed by a lengthy dialogue.
(The presentation can be found in Annex 3 of document GT/DADIN/doc.339/08
of May 12, 2008.)
Given the difficulties encountered in reaching agreements
while dealing with the provisions in article order, the
working method was modified: it was decided that those
articles where consensus could be more easily reached were
to be agreed upon by earlier informal consultations and
dealt with first, in order to shorten the time spent by the
plenary sessions and make them more effective. In this
context use was made of the document “Classification of
Provisions that could Facilitate Consensus,” prepared by the
Department of International Law (document
GT/DADIN/doc.329/08
rev.2 of August 22, 2008).[13]
It should be noted that before the text negotiations began,
the delegations of both the United States and Canada lodged
reservations about the negotiation process. In its
statement, the delegation of the United States said, inter
alia, that it was “reserving its position on the final text
under discussion and does not join in any text that might be
approved or otherwise appear in the Chair’s rolling text for
the 11th meeting of the Working Group.” Similarly, the
delegation of Canada said: “We will no longer actively
negotiate or table text. We will, however, continue to be
present and will occasionally speak about Canadian
experience and perspectives.” In response, the Caucus issued
a written reply setting out its position vis-à-vis these two
statements. All the statements were included in the annexes
of the Record Of The Current Status [GT/DADIN/doc.
334/08 rev. 3] of December 30, 2008.
The meeting discussed nine articles, six of which were
approved by consensus in their entirety (II, V, XI, XXXIII,
XXXVI, and XXXIX) and another three in part (VIII, XVII, and
XVIII).
Article II
The States recognize and respect the multicultural and
multilingual character of the indigenous peoples, who are an
integral part of their societies. (Adopted on April 16,
2008, at the Eleventh Meeting of Negotiations in the Quest
for Points of Consensus.)
Article V. Full effect and observance of human rights
Indigenous peoples and persons have the right to the full
enjoyment of all human rights and fundamental freedoms, as
recognized in the Charter of the United Nations, the Charter
of the Organization of American States and international
human rights law. (Adopted on April 16, 2008, at the
Eleventh Meeting of Negotiations in the Quest for Points of
Consensus.)
Article XI. Guarantees against racism, racial
discrimination, xenophobia, and other related forms of
intolerance
Indigenous peoples have the right not to be subject to
racism, racial discrimination, xenophobia, and other related
forms of intolerance. The States shall adopt the preventive
and corrective measures necessary for the full and effective
protection of this right. (Adopted on April 18, 2008, at the
Eleventh Meeting of Negotiations in the Quest for Points of
Consensus.)
Article XXXIII
Indigenous peoples and persons have the right to effective
and appropriate remedies, including prompt judicial
remedies, for the reparation of all violations of their
collective and individual rights. The States, with full and
effective participation of indigenous peoples, shall provide
the necessary mechanisms for the exercise of this right.
(Approved on April 16, 2008, at the Eleventh Meeting of
Negotiations in the Quest for Points of Consensus.)
Article XXXVI
The nature and scope of the measures that shall be taken to
implement this Declaration shall be determined in accordance
with the spirit and purpose of said Declaration. (Approved
on April 16, 2008, at the Eleventh Meeting of Negotiations
in the Quest for Points of Consensus.)
Article XXXIX
The rights recognized in this Declaration constitute the
minimum standards for the survival, dignity, and well-being
of the indigenous peoples of the Americas. (Approved on
April 16, 2008, at the Eleventh Meeting of Negotiations in
the Quest for Points of Consensus.)
The meeting also approved the first paragraphs of Articles
XVII and XVIII and studied paragraph 5 of Article XVII and
paragraph 2 of Article XVIII.
Article XVII. Health
1. Indigenous peoples have the collective and individual
right to the enjoyment of the highest attainable standard of
physical, mental, and spiritual health. (Adopted on April
18, 2008, at the Eleventh Meeting of Negotiations in the
Quest for Points of Consensus.)
Article XVIII. [Right to] protection of a healthy
environment
1. Indigenous peoples have the right to live in harmony with
nature and to a healthy, safe, and sustainable environment,
essential conditions for the full enjoyment of the right to
life, to their spirituality, world view and to collective
well-being. (Approved on April 16, 2008, at the Eleventh
Meeting of Negotiations in the Quest for Points of
Consensus.)
At the end of the meeting, the
Record Of The Current Status [GT/DADIN/doc.
334/08 rev. 3] of December 30, 2008, and the Compendium of Proposals of Negotiations in
the Quest for Points of Consensus held by the Working Group
was registered as document [GT/DADIN/doc.255/06 rev.2 add.2]
of April 18, 2008. The Report on the Ninth Meeting by the
Chair of the Working Group can be found in document [GT/DADIN/doc.340/08].
-
The Twelfth meeting of negotiations in the quest for points
of consensus
took place from November 30th to December 2nd, 2009, in
Washington, D.C and was preceded by the meeting of the
indigenous peoples’ Caucus, hold on November 27 to 29, 2009.
It was chaired by the President of the Working Group,
Ambassador José Pinelo, Permanent Representative of Bolivia
to the OAS. It was attended by 125 representatives,
including 85 from the Caucus.
The following four articles were approved: article VIII
(Right to belong to an indigenous people); article XIII
(Systems of knowledge, language, and communication); article
XIV (Education) and article XXXV. Paragraphs 1 were also
approved in the following two articles: VI (Collective
rights) and XVI (Indigenous family). Other articles were
also analyzed: article VI, article XVI paragraph 2; article
XVII (Health), paragraphs 2 and 5, article XXV (Transfers
and relocations) and article XXXVII. Record of the current
status of the Draft American Declaration was updated upon
the conclusion of this meeting and was published as document
[GT/DADIN/doc.
334/08 rev. 5], dated December 3rd, 2009.
-
The Thirteenth Meetings of Negotiations in the Quest for
Points of Consensus took place at OAS Headquarters from
January 18 to 20, 2011. It was preceded by the meeting of
the Indigenous Peoples’ Caucus held on January 15 to 17,
2011.
The Thirteenth Meeting of Negotiations in the Quest for
Consensus approved the following articles and paragraphs:
the revised title and paragraph 1 of Article XII (Right to
cultural identity and integrity); paragraphs 2 and 5 of
Article XVII (Health); the entire provision is now approved;
article XIX (Rights of association, assembly, freedom of
speech and thought); paragraphs 2 and 4 of Article XXI
(Indigenous law and jurisdiction); a new title in Article
XXII (Participation of indigenous peoples and contributions
of indigenous legal and organizational systems); a modified
title and paragraphs 2 and 3 of Article XXIII (treaties,
agreements, and other constructive arrangements); paragraphs
1, 3, and 4 of Article XXVII (Labor rights); article XXXIV.
Still pending approval are: paragraph 2 of Article XII;
paragraph 1 of Article XXI; article XXII; paragraph 1 of
Article XXIII; paragraph 5 of Article XXVII; new paragraphs
ter, quat, and quint of Article XXXIV.
[1] The Record of the Current Status was
later reviewed and registered as document
Record Of The Current Status [GT/DADIN/doc.
334/08 rev. 3] of December 30, 2008.
[2] Working Group to Prepare the Draft
Declaration on the Rights of Indigenous Populations. See the
Final Report in OEA/Ser.K/XVI GT/DADIN/doc.5/99.
[3] On that occasion, the Chair submitted
document GT/DADIN/doc.214/05 containing background
information from the Special Meetings, intended to
facilitate dialogue among the participating delegations.
[4] The Chair of the Working Group
submitted a reference document proposing May 2006 as a
possible date for the Working Group to finish drafting the
text of the Declaration, with its subsequent adoption by the
General Assembly by December of that same year. See: Chair’s
Proposal (OEA/Ser.K/XVI GT/DADIN/doc.189/04).
[5] Information recorded in document [GT/DADIN/doc.324/08
rev.1] of February 14, 2008.
[6] The comments of the three states that
were received before the deadline (Argentina, Bolivia, and
Ecuador) were included in document [CP/doc.4263/08] of
February 29, 2008. Additional comments were received from
the United States ([CP/doc.4263/08 add.1] of April 7, 2008).
[7] See: Chair’s approved text of August
28, 2003, [GT/DADIN/doc.140/03 rev.1].
[8] The first three meetings were held
pursuant to resolution [AG/ RES. 1919 (XXXIII-O/03)],
adopted by the General Assembly at its meeting in Santiago,
Chile, in June 2003.
[9] See the result of the negotiations in
document GT/DADIN/doc.151/03. rev.1.
[10] The fourth and fifth meetings were
held in compliance with resolution [AG/RES. 2029
(XXXIV-O/04)], adopted by the General Assembly in Quito,
Ecuador, in June 2004.
[11] The sixth and seventh meetings were
held pursuant to resolution [AG/RES. 2073 (XXXV-O/05)],
adopted by the General Assembly in Fort Lauderdale, Florida,
United States, in June 2005.
[12] The eighth, ninth, and tenth
meetings were held in compliance with resolution [AG/RES.
2234 (XXXVI-O/06)], adopted by the General Assembly in Santo
Domingo, Dominican Republic, in June 2006.
[13] Reflecting the provisions adopted by
consensus at the eleventh meeting, the most recent version
of that document was recorded as GT/DADIN/doc.329/08 rev.2
of August 25, 2008. |
