CHAPTER
II PREPARATORY
DOCUMENTS FOR THE DOCUMENT
3.
METHODOLOGY FOR
PREPARING AN INTER-AMERICAN LEGAL INSTRUMENT ON THE HUMAN RIGHTS OF
INDIGENOUS PEOPLES[1] Step 1
IACHR APPROVES METHODOLOGY
As of
this 80th session, and based on the background information that has been
prepared by and obtained by the Secretariat, it is preparing a
questionnaire to be completed by the Governments and indigenous
organizations.
This first questionnaire seeks opinions on:
a. the
areas the future legal instrument should address,
b. the
legislation and current practice in each country with respect to these
areas,
c. the
rights and guarantees that the legal instrument should consider with
respect to those areas.
This questionnaire will be prepared by the
Commission Secretariat (the Executive Secretariat) to be discussed,
revised, and approved at the 81st session of the IACHR, in February 1992. Step 2 EXECUTIVE
SECRETARIAT SENDS QUESTIONNAIRE TO GOVERNMENTS AND INDIGENOUS AND
NON-GOVERNMENTAL ORGANIZATIONS
The questionnaire, once approved by the IACHR,
will be sent to the Governments to obtain their responses, and for them to
organize and carry out the consultation with national indigenous
organizations in each country. It
will also be sent to inter-governmental organizations (Inter-American
Indian Institute, Inter-American Institute of Human Rights, Inter-American
Children’s Institute, Inter-American Commission of Women, and others)
and to international indigenous groupings (Inter-American Indigenous
Parliament, World Council of Indigenous Peoples, and others).
The Secretariat, in cooperation with the
Inter-American Indian Institute, will summarize the responses and prepare
conclusions on each area. This
Report (“Summary” of the responses and conclusions) shall be submitted
to the IACHR for discussion, and reviewed in its 83rd session in February
1993. Step 3 83RD
SESSION OF IACHR APPROVES SUMMARY, PUBLISHES IT IN 1992-93 ANNUAL REPORT
The summary as revised and approved by the
IACHR will be included in the 1992-93 Annual Report, which will be
submitted to the Permanent Council in March 1993, and to the General
Assembly that same year. Step 4 SECRETARIAT
PREPARES PROPOSED DRAFT
Bearing in mind the considerations of the
Permanent Council and General Assembly when they discussed the
“Summary,” the Secretariat shall prepare “Preliminary conclusions
and a proposed draft” of the legal instrument, to be discussed and
revised by the IACHR. Step 5 EXECUTIVE
SECRETARIAT SENDS PROPOSED DRAFT CONSULTATION TO GOVERNMENTS AND
INDIGENOUS AND NON-GOVERNMENTAL ORGANIZATIONS
These “Conclusions and Proposed Draft”
shall be sent, for consultation, to the Governments, for their responses,
and to make the corresponding consultations with the national indigenous
entities. It shall also be
sent for comments to international organizations, non-governmental
organizations, and indigenous organizations. Step 6
Drafting Committee prepares revised text
based on second round of consultations. Step 7 IACHR approves the draft and sends it to the General Assembly for consideration. [ Table of Contents | Previous | Next ] [1] Approved by the Inter-American Commission on Human Rights, October 1, 1991, at its 80th session. |