CHAPTER II 

PREPARATORY DOCUMENTS FOR THE 
DRAFT AMERICAN DECLARATION OF THE INDIGENOUS PEOPLES

DOCUMENT 3.            METHODOLOGY FOR PREPARING AN INTER-AMERICAN LEGAL INSTRUMENT ON THE HUMAN RIGHTS OF INDIGENOUS PEOPLES^[1] 

Step 1 

          IACHR APPROVES METHODOLOGY
          EXECUTIVE SECRETARIAT PREPARES QUESTIONNAIRE
          IACHR APPROVES QUESTIONNAIRE 

          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
GOVERNMENTS AND ORGANIZATIONS CONSULT AND RESPOND
EXECUTIVE SECRETARIAT SUMMARIZES ANSWERS AND CONCLUSIONS 

          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 
IACHR APPROVES 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
GOVERNMENTS AND ORGANIZATIONS CONSULT AND RESPOND
EXECUTIVE SECRETARIAT PREPARED REVISED DRAFT 

          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.