Appendix IV: First Consultation on the Content of a Future Inter-American Legal Instrument on the Rights of Indian Peoples
| DOI | 10.1177/016934419301100115 |
| Date | 01 March 1993 |
| Published date | 01 March 1993 |
| Subject Matter | Part C: Appendices |
Appendix IV
First Consultation on the Content of a Future Inter-American
Legal Instrument on the Rights of Indian Peoples-
Background
On the proposal of the Inter-American Commission on Human Rights (lACHR), the
General Assembly of the OAS in its AG/RES. 1022
(XIX-O/89),
decided 'to request
the Inter-American Commission on Human Rights to prepare a juridical instrument
relative to the rights of the Indian peoples for adoption in 1992' (Hereinafter referred
to as 'the new instrument'). The Commission is implementing this task with the
cooperation of the Inter-American Indian Institute, whose headquarters is in Mexico
City.
Following informal consultation with representatives of Governments, Indian
organizations, and experts, the Commission, at its 80th meeting, on October 1, 1991,
approved a methodology for the preparation of the new instrument.
As provided in the abovementioned methodology, the first step has been the
preparation of this questionnaire from the first consultation in order to obtain from the
Governments and entities of the member countries replies that would stem from
consultations to be held by each of the Governments in their respective countries
between the corresponding official bodies and the organizations representing the Indian
populations, as well any other entity they may deem appropriate.
The replies to this questionnaire will be summarized and published in accordance
with the methodology approved by the Inter-American Commission on Human Rights
(OEA/Ser.L.lr/II.80 doc. 15 rev. 1).
Questionnaire
First Section: Human Rights to which an Inter-American Instrument Pertaining to
Indian Peoples should refer
In the opinion
of
your Government and
of
that country's respective organizations, and
considering the rights and guarantees recognized by the American Declaration
of
the
Rights and Duties
of
Man, by the American Convention on Human Rights, and its
protocols:1
1) which human rights and their guarantees should be considered in general in the
new inter-American legal instrument?
2) should special inclusion be made of the obligation
of
the States to respect the
rights and guarantee the free exercise thereof without discrimination
of
any kind,
which is set forth in Art. 1; and, if so, of the duty of the States to make internal
provisions that guarantee and enforce them?
•AG/RES 1022 (XIX-089), Organization de los Estados Americanos, Comisi6n interamericana de
derechos humanos, OEA/Ser.LIVIII.8I, Doc. 54, Approved 81st Session 113 February 1992.
I The articles mentioned relate to the American Convention on Human Rights unless otherwise stipulated.
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