CHAPTER
II PREPARATORY
DOCUMENTS FOR THE DOCUMENT
4.
QUESTIONNAIRE SENT BY
THE IACHR IN APRIL 1992 TO THE MEMBER STATES AND MORE THAN 300 INDIGENOUS
AND INTERNATIONAL ORGANIZATIONS FIRST ROUND OF
CONSULTATIONS ON THE CONTENTS OF A FUTURE INTER-AMERICAN JURIDICAL
INSTRUMENT ON THE HUMAN RIGHTS OF INDIGENOUS PEOPLES (QUESTIONNAIRE) This
first round of consultations constitutes a stage in the preparation of
this inter-American instrument. To
meet established deadlines, replies from governments and entities should
be received by the Executive Secretariat of the INTER-AMERICAN COMMISSION
ON HUMAN RIGHTS by August 31, 1992. I.
BACKGROUND
On
the proposal of the Inter-American Commission on Human Rights (IACHR), the
OAS General Assembly, by resolution AG/RES. 1022 (XIX-0/89), requested
“the Inter-American Commission on Human Rights to prepare a juridical
instrument relative to the rights of the Indian peoples ...”
(henceforth, “the new instrument”).
This task is being carried out by the Commission with the
cooperation of the Inter-American Indian Institute, headquartered in
Mexico City. Following informal consultations with the
representatives of governments, indigenous organizations, and experts, the
Commission, at its 80th session, on October 1, 1991, adopted a methodology
for preparing the new instrument. Said
methodology is attached hereto. As
established in the methodology, the first step has been the preparation of
this questionnaire for the first round of consultations in order to elicit
replies from governments and entities of the member countries–replies
stemming from consultations by each of the governments in their respective
countries among pertinent official agencies and the organizations
representing indigenous populations, as well as any other entity deemed
appropriate. The attached
questionnaire was approved by the Commission at its 81st session (February
1992).
The
replies to this questionnaire will be summarized and published according
to the methodology approved by the Inter-American Commission on Human
Rights. II.
QUESTIONNAIRE
HUMAN
RIGHTS TO BE COVERED IN AN INTER-AMERICAN
In the view of your Government and the respective entities in your
country, and taking into account the rights and guarantees recognized by
the American Declaration of the Rights and Duties of Man and by the
American Convention on Human Rights and the protocols thereto[1]: 1.
In general, which human rights and their guarantees should be
covered in the new inter-American legal instrument? 2.
Should special consideration be given–and, if so, in what
regard–to the obligation of states to respect rights and to ensure the
free exercise thereof without any discrimination, as set forth in Article
1, and to the duty of states to adopt domestic provisions guaranteeing
those rights and giving them effect? 3.
Should this new instrument refer in particular to the legal status
of the indigenous population and its members?
In what manner and to what extent? 4.
Should the new instrument refer in particular to the right to
personal integrity [Article 5(1)], whether physical, mental, or moral?
To what special extent? 5.
With regard to the prohibition of cruel or degrading punishment and
other conditions indicated in Article 5, should this new instrument
contain a specific reference to the indigenous peoples?
In what regard? 6.
With regard to the prohibition of slavery and different types of
servitude and forced labor indicated in Article 6, should this new
instrument contain any specific reference to the indigenous peoples? 7.
With regard to the right to personal liberty and security
recognized in Article 7, should this new instrument contain any specific
reference to the indigenous peoples? 8.
With regard to the right to a fair trial recognized in Article 8,
should this new instrument contain any specific reference to the
indigenous peoples? 9.
With regard to the right to privacy recognized in Article 11,
should this new instrument contain any specific reference to the
indigenous peoples? To what
extent? 10.
With regard to freedom of conscience and religion set out in
Article 12, should this new instrument contain any specific reference to
the indigenous peoples? 11.
With regard to freedom of thought and expression and the conditions
applying thereto, recognized and developed in Article 13, should this new
instrument contain any specific reference to the indigenous peoples?
Should any specific reference be made to the prohibition by law of
any incitement to violation or hatred or to any discriminatory action
mentioned in Article 13(5)? 12.
With regard to the right of assembly and restrictions thereon,
recognized in Article 15, should this new instrument contain any specific
reference to the indigenous peoples? 13.
With regard to the right to freedom of association and the
restrictions recognized in Article 16, should this new instrument contain
any specific reference to the indigenous peoples? 14.
With regard to the rights protecting the family, recognized and
elaborated on in Article 17 and the Protocol (Article 15), should this new
instrument contain any specific reference to indigenous families? 15.
With regard to the right to a name, recognized in Article 18,
should this new instrument contain any specific reference to the
indigenous peoples? 16.
With regard to the rights of the child, recognized in Article 19
and the Protocol (Article 16), should this new instrument contain any
specific reference to indigenous children? 17.
With regard to the right to a nationality, recognized in Article
20, should this new instrument contain any specific reference to the
indigenous peoples? 18.
With regard to the right to private property and the use and
enjoyment thereof, as well as the restrictions thereon, recognized in
Article 21, should this new instrument contain any specific reference to
the indigenous peoples? 19.
With regard to the freedom of movement and residence and the
restrictions thereon, recognized in Article 22, should this new instrument
contain any specific reference to the indigenous peoples? 20.
With regard to the political rights and in particular the right to
take part in the conduct of public affairs, to vote and be elected in
genuine periodic elections, and to have access, under conditions of
equality, to the public service, as well as to the restrictions thereon,
all of which are recognized in Article 23, should this new instrument
contain any specific reference to the indigenous peoples? 21.
With regard to equality under the law and the right to equal
protection of the law, recognized in Article 24, should this new
instrument contain any specific reference to the indigenous peoples? 22. With regard to judicial protection and the
right to simple, prompt, and effective recourse for protection against
acts that violate fundamental rights, should this new instrument contain
any specific reference to the indigenous peoples? 23. With regard to the economic, social, and
cultural rights conditionally recognized in the Additional Protocol to the
American Convention in those areas (Protocol of San Salvador) and
especially those developed in the articles of the Protocol mentioned
below, should this new instrument contain any specific reference to the
indigenous peoples?
Article 6
Right to Work 24.
With regard to the relationship between duties and rights and the
fact that the rights of each person are limited by the rights of others,
by the security of all, and by the just demands of the general welfare, in
a democratic society, as recognized in Article 32, should this new
instrument contain any specific reference to the indigenous populations? 25. Should this new instrument refer to any issue
pertaining to the human rights of the indigenous peoples that is not
envisaged in the previous questions? SECOND
SECTION
In recent years, various national constitutions, agreements, and
draft international instruments have been defining the rights of the
indigenous peoples as a group. Some
of those possible rights have been listed below in no particular order to
enable your Government and the appropriate entities to express their views
on the inclusion of those rights in the new inter-American legal
instrument. 1.
Rights of the indigenous peoples as such to peaceful coexistence in
national society as a whole. 2.
Rights to recognition by the state of the diverse
characteristics of the indigenous populations within society as a whole.
Rights to recognition of the multiethnic and multicultural nature
of the population of the states in which there are indigenous peoples and
the ensuing obligation of states to promote mutual acceptance, tolerance,
and peace among different ethic groups, both indigenous and
non-indigenous. 3.
Rights to political participation as peoples in the decisions that
affect them directly. 4.
Rights necessary for the distinctive characteristics
of the indigenous peoples to be duly reflected in state institutions. 5.
Rights to the maintenance and development of their
traditional economic structures, institutions, and life styles. 6.
Rights to their own autonomous economic development. 7.
Rights to management and control by the indigenous
peoples of development plans and the provision of public services in their
designated territories. 8.
Territorial rights and rights pertaining to
protection of their territories by the state and traditional legal forms
of land ownership and use. 9.
Rights necessary for the protection and
environmental integrity of their territory and its ecological balance. 10.
Rights to their own cultural development and
protection of their cultural assets. 11.
Rights to respect for their beliefs and religious
and spiritual practices and to protection by the state against attempts at
systematic conversion. 12.
Rights to establishment and control of their
educational processes and to recognition and appropriate respect by the
national educational system of the cultural values of indigenous peoples. 13.
Rights to protection of the indigenous family, and
the role of indigenous communities in the rearing and protection of
children. 14.
Right to special measures for protection of their
intellectual and artistic property. 15.
Rights to the use and development of their own
medical services, pharmacology, and health practices, in conjunction with
non-indigenous medical services. 16.
Rights to use of their languages in governmental
administrative and judicial proceedings affecting them. 17.
Rights to the domestic application and development
of their own legal system, within the national constitutional framework. 18.
Rights to respect for and effective compliance by
the state with treaties and other conventions and agreements concluded
with the indigenous peoples. 19.
Rights of multinational indigenous peoples to
maintain, without impediment, their ethnic ties across national
boundaries. 20.
Rights of the indigenous peoples to acquire legal
status. SECOND PART APPLICATION OF CURRENT NATIONAL
LEGISLATION What are the legal provisions in your country (including constitutional provisions; laws; and national, provincial, and local decrees; administrative and other provisions; as well as treaties, agreements, and other constructive arrangements between the state and the indigenous peoples) that can provide relevant and useful background material for the preparation of this inter-American instrument? Please attach a copy of those provisions to your reply. [ Table of Contents | Previous | Next ] [1]
Unless otherwise indicated, the articles mentioned are from the
American Convention on Human Rights. |