University of Minnesota




The Human Rights Situation of the Indigenous People in the Americas, Inter-Am. OEA/Ser.L/V/II.108, Doc. 62 (2000).


 


CHAPTER II

PREPARATORY DOCUMENTS FOR THE
DRAFT AMERICAN DECLARATION OF THE INDIGENOUS PEOPLES

DOCUMENT 9. GENERAL ASSEMBLY RESOLUTIONS ON THE DRAFT DECLARATION 1997, 1998 y 1999

AG/RES. 1479 (XXVII-O/97)

"PROPOSED AMERICAN DECLARATION ON THE RIGHTS OF INDIGENOUS PEOPLES"

(Resolution adopted at the seventh plenary session, held on June 5, 1997)

THE GENERAL ASSEMBLY,

HAVING SEEN the observations and recommendations of the Permanent Council on the Annual Report of the Inter-American Commission on Human Rights (AG/doc.3492/97); and

CONSIDERING:

That, through resolution AG/RES. 1022 (XIX-O/89), the General Assembly requested the Inter-American Commission on Human Rights to prepare a declaration on the rights of indigenous populations; and

That, on April 10, 1997, the Permanent Council received the "Proposed American Declaration on the Rights of Indigenous Peoples" (CP/doc.2878/97 corr. 1), prepared by the Inter-American Commission on Human Rights,

RESOLVES:

1. To express its appreciation for and take note of the "Proposed American Declaration on the Rights of Indigenous Peoples," prepared by the Inter-American Commission on Human Rights.

2. To instruct the Permanent Council to study the "Proposed American Declaration on the Rights of Indigenous Peoples."

3. To express the view that the text of the "Proposed American Declaration on the Rights of Indigenous Peoples" should reflect the concerns of indigenous populations as well as the work of the United Nations in this area.

4. To urge the member states to present to the Permanent Council, by December 31, 1997, their observations and recommendations on the "Proposed American Declaration on the Rights of Indigenous Peoples."

5. To request the Inter-American Juridical Committee and the Inter-American Indian Institute to transmit to the Permanent Council their comments on the "Proposed American Declaration on the Rights of Indigenous Peoples," taking into account any observations and recommendations presented by the member states.

6. To instruct the Permanent Council to convene a meeting of government experts in this field, within allocated resources approved in the program-budget and other resources, upon receipt of the observations and comments referred to in the preceding paragraphs, and once it has carried out other activities it deems pertinent, with a view to the possible adoption of the "Proposed American Declaration on the Rights of Indigenous Peoples" by the General Assembly at its twenty-eighth regular session.

AG/RES. 1549 (XXVIII-O/98)
PROPOSED AMERICAN DECLARATION ON THE RIGHTS
OF INDIGENOUS POPULATIONS

(Resolution adopted at the third plenary session,
held on June 2, 1998)

THE GENERAL ASSEMBLY,
HAVING SEEN the report of the Permanent Council on the “American Declaration on the Rights of Indigenous Populations”; and

CONSIDERING:

That, in resolution AG/RES. 1022 (XIX-O/89), the General Assembly requested the Inter-American Commission on Human Rights (IACHR) to prepare a juridical instrument relative to the rights of the Indian peoples, and that the instrument was presented to the Assembly at its twenty-seventh regular session;

That, in resolution AG/RES. 1479 (XXVII-O/97), the General Assembly urged the member states to present, by December 31, 1997, their observations and recommendations on the “Proposed American Declaration on the Rights of Indigenous Peoples” prepared by the IACHR, and requested the Inter-American Juridical Committee (CJI) and the Inter-American Indian Institute (III) to transmit their comments on that proposed declaration to the Permanent Council, taking into account those observations and recommendations; and
That the III, the CJI, and several member states have already submitted their comments to the Permanent Council,

RESOLVES:

1. To acknowledge the progress made in studying the “Proposed American Declaration on the Rights of Indigenous Peoples” prepared by the Inter-American Commission on Human Rights (IACHR).

2. To thank the Inter-American Indian Institute (III), the Inter-American Juridical Committee (CJI), and the member states for their comments on the “Proposed American Declaration on the Rights of Indigenous Peoples.”

3. To instruct the Permanent Council to continue to consider the “Proposed American Declaration on the Rights of Indigenous Populations”; to convene a meeting of government experts on this subject, taking into account the observations of the member states and the opinions of the III and the CJI, during the second half of 1998, in keeping with resources allocated in the program-budget and other resources; and to take the measures it considers appropriate with a view to the adoption of a declaration by the General Assembly at its twenty-ninth regular session.

AG/RES. 1610 (XXIX-O/99)

PROPOSED AMERICAN DECLARATION ON THE RIGHTS OF INDIGENOUS POPULATIONS

(Resolution adopted at the first plenary session,
held on June 7, 1999)

THE GENERAL ASSEMBLY,

RECALLING its resolutions AG/RES. 1022 (XIX-O/89), AG/RES. 1479 (XXVII-O/97), and AG/RES. 1549 (XXVIII-O/98);

CONVINCED that the adoption of a declaration on the rights of indigenous populations will enhance the recognition, promotion, and protection of the rights of those populations, and will contribute to the development of pertinent activities by the Organization of American States in this area;

EXPRESSING ITS GRATITUDE to the Inter-American Commission on Human Rights, the Inter-American Juridical Committee, and the Inter-American Indian Institute for their contributions in preparing a proposed declaration on the rights of indigenous populations;

CONSIDERING that, in accordance with resolution AG/RES. 1549 (XXVIII-O/98), the Meeting of Government Experts to Examine the Proposed American Declaration on the Rights of Indigenous Populations was held at OAS headquarters from February 10 to 12, 1999;

HAVING EXAMINED the report of the Committee on Juridical and Political Affairs of the Permanent Council on the Proposed American Declaration on the Rights of Indigenous Populations (CP/CAJP-1489/99), in keeping with resolution AG/RES. 1549 (XXVIII-O/98); and

BEARING IN MIND that, despite the progress made, the Meeting of Government Experts was unable to complete its work, aimed at the adoption of a declaration during this session of the General Assembly, pursuant to the aforementioned resolution AG/RES. 1549 (XXVIII-O/98),

RESOLVES:

1. To establish a working group of the Permanent Council to continue consideration of the Proposed American Declaration on the Rights of Indigenous Populations.

2. To invite the Working Group to take account of the observations and comments of the member states and of the various organs, agencies, and entities of the inter-American system.

3. To also invite the Working Group to provide for appropriate participation in its efforts by representatives of indigenous communities, so that their observations and suggestions may be considered.

4. To request the Inter-American Indian Institute to provide the necessary advisory services to the Working Group and to prepare, at the earliest possible date, a report on the actions taken by other international organizations to promote the rights of indigenous populations.

5. To request the General Secretariat and the organs, agencies, and entities of the inter-American system to provide any assistance required by the Working Group, which shall hold an initial meeting before the end of this year.

6. To also request the Inter-American Juridical Committee to continue providing legal advice to the Working Group on the proposed Declaration on the Rights of Indigenous Populations.

7. To request the Permanent Council to present to the General Assembly, at its thirtieth regular session, a progress report on the activities entrusted to the Working Group.

 

 



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