» Negotiation Texts

Following the negotiations, the original text has been enriched by the contributions made by the member states and the representatives of the indigenous peoples.

There is a document that gathers together the alternative proposals that have been submitted in writing, by both the member states delegations and by the indigenous peoples, in their efforts to reach consensus at the negotiating sessions. This document is known as the Compendium of Proposals of Negotiations in the Quest for Points of Consensus held by the Working Group.[10]

The Working Group’s files also contain a document in three-column format, produced in 2002 (OEA/Ser.K./XVI/GT/DADIN/doc.53/02, of January 9, 2002).

Three main texts serve as the working text and basis for discussions in this process:

– Initially, the negotiations held between 1999 and 2002 chiefly referred to the “Proposed American Declaration on the Rights of Indigenous Peoples” ([OEA/Ser.G. CP/doc.2878/97] of March 21, 1997). This, the original document put forward by the IACHR, comprises six sections with 28 articles, plus a preamble containing nine titles or recitals.[11] The preamble was discussed at the meeting of experts held in February 1999.

– In May 2003, the Chair of the Working Group submitted a new text for consideration, called the “Consolidated Text of the Draft Declaration Prepared by the Chair of the Working Group” ([GT/DADIN/doc.139/03] of June 17, 2003). That text was based on the IACHR’s original proposal and the contributions, comments, and proposals submitted by the member states and indigenous peoples’ representatives at the meetings held since the start of the proposed American Declaration’s drafting process. As indicated in the previous section, the substantive part of the Chair’s Consolidated Text was examined at the first seven negotiation meetings as part of the consensus-building process. It comprises 35 articles, plus a preamble containing seven titles or recitals. To date, however, that preamble text has not been subject to negotiation.

– At present, after fourteen Meetings of Negotiations, the reference text for the Working Group’s deliberations is called the “Record of the Current Status of the Draft American Declaration on the Rights of Indigenous Peoples” [GT/DADIN/doc.334/08 rev. 7]. This version contains 44 provisions, of which nine have been adopted by consensus, and fourteen have been approved, furthermore it contains a preamble that has not been revised. .

[10] The proposals made up to the Ninth Meeting of Negotiations are contained in document [GT/DADIN/doc.255/06 rev.2] of April 13, 2007, and those of the Tenth Meeting of Negotiations in the aforesaid document [GT/DADIN/doc.255/06 rev.2 add.1] of May 14, 2007.

[11] Section One (Indigenous Peoples – Scope of Application); Section Two (Human Rights); Section Three (Cultural Development); Section Four (Organizational and Political Rights); Section Five (Social, Economic, and Property Rights); Section Six (General Provisions).

[12] Section One (Indigenous Peoples. Scope of Application); Section Two (Human and Collective Rights); Section Three (Cultural Identity); Section Four (Organizational and Political Rights); Section Five (Social, Economic, and Property Rights); and Section Six (General Provisions).