DECLARATION OF THE INDIGENOUS PEOPLES OF GUATEMALA
REGARDING THE DRAFT AMERICAN
DECLARATION
ON THE RIGHTS OF INDIGENOUS PEOPLES
OF THE
ORGANIZATION OF AMERICAN STATES -
OAS
We, the representatives of
organizations of the Indigenous Peoples of Guatemala, participating in
the Consultation around the Draft American Declaration on the Rights
of Indigenous Peoples of the Organization of American States, held on
October 14 and 15, 2003, declare the following to the general public
of Guatemala and internationally:
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We are a diverse group of indigenous
organizations and institutions that have come together to
familiarize ourselves with the process of the Draft Declaration on
the Rights of Indigenous Peoples in the framework of the Working
Group of the Organization of American States - OAS, and with the
progress of discussions on that draft declaration. The consultation
is being conducted in the framework of strengthening direct, ongoing
participation in order to transmit our concerns to regional and
international entities that have initiated processes aimed at
recognizing and protecting our fundamental rights and freedoms.
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We, the organizations of the
Indigenous Peoples, attribute the greatest importance to the Draft
American Declaration. We make a commitment to actively participate
in the process and in drafting the instrument, with the aim of
having the recognition and protection of our fundamental collective
rights and freedoms prevail.
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The consultation is a continuation
of the dialogue and analysis process that took place during the
years 1997 and 2001 in Guatemala. In that sense, the indigenous
organizations and representatives, who are the parties affected by
the draft declaration, forcefully reiterate the right of all
Indigenous Peoples to fully participate both in drafting the
contents of the Declaration’s text and in all aspects of the process
within the sphere of the Inter-American system.
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In the Consultation, we have
considered two fundamental aspects: a) the process of “negotiations”
in the Working Group, for its upcoming meetings on the Draft
American Declaration and, b) the consolidated text, GT/DADIN/doc.139/03,
a document of the Chairman of the Working Group.
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With respect to the “negotiations”
for the Draft Declaration process, as foreseen by the Working Group,
we believe that limitations are still present that impede a full and
effective participation of the Indigenous Peoples for discussions on
the contents of the documents proposed. Some of the limitations
include a failure, on the part of the governments, to comply with
the resolution adopted at the General Assembly held in Chile in June
2003. That resolution called on governments to hold national
consultations with the Indigenous Peoples. In this sense, there is
an urgent need for consultations among the Indigenous Peoples, in
order to unify perspectives and content for this instrument. There
is also a need to establish avenues for communication and
information sharing regarding the text proposed by the Chairman of
the Working Group and other proposals.
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Upon carefully analyzing the text
adopted by the Inter-American Commission on Human Rights (ICHR), as
well as the proposals made by the indigenous organizations and the
consolidated text of the Working Group’s Chairman, we declare that:
a)
With respect to the text from the chairman of the Working
Group, it is noted by the organizations of the Indigenous Peoples that
said proposal restricts and limits the fundamental rights and freedoms
of the Indigenous Peoples, especially the right to Self-determination.
The restriction of this right has a cross-cutting effect on all other
collective rights contained in the Draft Declaration.
b)
We, the organizations of the Indigenous Peoples note that the
text presented by the chairman of the Working Group fails to include
the full recognition of territorial rights, as well as participation
and the use of the resources of the soil and subsoil.
c)
We, the organizations of the Indigenous Peoples, recommend that
the text adopted by the Inter-American Commission on Human Rights (ICHR),
continue to be the reference point for engaging in dialogue and
furthermore, that the proposals submitted by the indigenous
organizations to the Working Group in previous sessions be taken into
account.
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We, the organizations of the
Indigenous Peoples, encourage the Working Group to continue
examining the texts and to intensify the dialogue between the
indigenous representatives and the governmental delegations, with a
view towards definitively recognizing the fundamental rights and
freedoms of the Indigenous Peoples.
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We, the organizations of the
Indigenous Peoples, underscore the importance of the Draft American
Declaration. We also consider it important to take as long as
necessary to draft and adopt this declaration.
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We, the organizations of the
Indigenous Peoples, have the firm conviction that the Draft American
Declaration on the Rights of Indigenous Peoples must enjoy due
legitimacy, which inescapably calls for the full, active
participation of the Indigenous Peoples, who are those affected by
that instrument.
Iximmulew Oxi’Kan, Kaji’ E
Guatemala, October 15, 2003
Kichin Konojel, Indigenous Program of
the Center for Human Rights Legal Action (CALDH), Defensoría Maya,
Oxlajú Ajpop, COMG, COMACH, Consejo Sami Maya, Ministry of Culture,
Maya Consultant Commission, FODIGUA, Cholsamaj, UDEM, Kaji’ E
Educational Program, Indigenous Peoples Program of the Human Rights
Ombusdman’s Office of Guatemala, Association of Mayan Writers of
Guatemala, Department of Indigenous Peoples of the Ministry of Labor,
Coordinating Association for Integral Mayan Development, the
Communities of Resistance of the Ixcán, ASODEC Q’ezaltenam-Ixil, the
Presidential Commission against Racism and Discrimination, CONIC, USAC,
the Congress of the Republic, CISMA, and CEDIM.
