28 July 2013

DRAFT AMERICAN DECLARATION ON THE RIGHTS OF INDIGENOUS PEOPLES

Organization of American States


Permanent Council

FORTY-THIRD REGULAR SESSION                                                                        OEA/Ser.P
June 4 to 6, 2013                                                                                             AG/RES. 2793 (XLIII-O/13)
La Antigua, Guatemala                                                                                                5 June 2013
                                                                                                                        Original: Spanish


AG/RES. 2793 (XLIII-O/13)

(Adopted at the second plenary session, held on June 5, 2013)


            THE GENERAL ASSEMBLY,

            RECALLING 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), AG/RES. 1919 (XXXIII-O/03), AG/RES. 2029 (XXXIV-O/04), AG/RES. 2073 (XXXV-O/05), AG/RES. 2234 (XXXVI-O/06), AG/RES. 2294 (XXXVII-O/07), AG/RES. 2368 (XXXVIII-O/08), AG/RES. 2498 (XXXIX-O/09), AG/RES. 2565 (XL-O/10), AG/RES. 2674 (XLI-O/11); and AG/RES. 2724 (XLII-O/12);

            HAVING SEEN the report of the Chair of the Working Group to Prepare the Draft American Declaration on the Rights of Indigenous Peoples on the activities carried out in 2012-2013 (GT/DADIN/doc. 428/13);

            RECOGNIZING the importance of contributions to the Specific Fund to Support the Elaboration of the American Declaration on the Rights of Indigenous Peoples, which enable effective participation by indigenous representatives in the meetings of negotiation; and

            UNDERSCORING the efforts of the Working Group to promote an early conclusion of negotiations on the Declaration and to make effective participation of indigenous peoples in the negotiations a reality, in view of the difficulties faced by the Working Group in securing contributions to the aforementioned Specific Fund, including the search for alternative sources of financing and consideration of the use of information and communication technology,

RESOLVES:

            1.      To reaffirm the will and the commitment of the OAS member states to the process surrounding the Draft American Declaration on the Rights of Indigenous Peoples.

            2.      To renew the mandate of the Working Group to Prepare the Draft American Declaration on the Rights of Indigenous Peoples to continue holding its meetings of negotiations in the quest for points of consensus, so as to complete the drafting of the Declaration, on the basis of the document entitled “Record of the Current Status of the Draft American Declaration on the Rights of Indigenous Peoples” (GT/DADIN/doc. 334/08 rev.7) and taking into consideration the “Compendium of Proposals of Negotiations in the Quest for Points of Consensus Held by the Working Group” (GT/DADIN/doc. 255/06 add.5), issued by the Fourteenth Meeting of Negotiations in the Quest for Points of Consensus, and other pertinent documents of the Working Group.

            3.      To request the Permanent Council to instruct the Working Group to:

a)            Hold three-day Meetings of Negotiations in the Quest for Points of Consensus prior to the forty-fourth regular session of the General Assembly;

b)            Convene the Meetings of Negotiations in the Quest for Points of Consensus on the Draft American Declaration on the Rights of Indigenous Peoples three months in advance; and

c)            Take the appropriate measures to ensure the effective participation in these meetings of member states and representatives of the indigenous peoples.

            4.      To invite member states to conduct consultations or dialogues on the Draft American Declaration on the Rights of Indigenous Peoples with the respective indigenous peoples.

            5.      To request the Selection Board of the Specific Fund to Support the Preparation of the American Declaration on the Rights of Indigenous Peoples to continue to work according to the principles of transparency established in resolution CP/RES. 951 (1691/09), “Specific Fund to Support the Elaboration of the American Declaration on the Rights of Indigenous Peoples.”


            6.      To urge the member states, permanent observers, and institutions to contribute to the Specific Fund during the period covered by this resolution.

            7.      To urge the Working Group to continue seeking alternatives for overcoming the current financial difficulties, without affecting the quality or representativeness of indigenous participation in the negotiation process, both of which are essential elements in upholding its legitimacy.

            8.      To request the General Secretariat and the organs, agencies, and entities 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 contribution to that process.


            9.      To request the Permanent Council to report to the General Assembly at its forty-fourth regular session on the implementation of this resolution. Execution of the activities envisaged in this resolution shall be subject to the availability of financial resources in the program-budget of the Organization and other resources.