PERMANENT COUNCIL OF THE OEA/Ser.K/XVI

ORGANIZATION OF AMERICAN STATES GT/DADIN/doc.53/02 corr. 1

13 March 2002

COMMITTEE ON JURIDICAL AND POLITICAL AFFAIRS Original: Spanish

[Working Group to Prepare the Draft American]{.underline}

[Declaration on the Rights of Indigenous Peoples]{.underline}

Draft American Declaration on the Rights of Indigenous Peoples

Working document comparing the original draft of the Inter-American
Commission on Human Rights proposals by the states and by the indigenous
representatives, as well as the proposed draft by

the Chair of the working group to prepare the draft american declaration
on the rights of indigenous peoples.

(Document submitted by the Chair of the Working Group)

[INTRODUCTION]{.underline}

This document has been drawn up by the Chair for consideration by the
Working Group to Prepare the Draft American Declaration on the Rights of
Indigenous Peoples. The text has been organized in three columns: the
first contains the original proposal of the Inter-American Commission on
Human Rights, which will continue to be considered as the base document
for future deliberations; the second includes proposals and
contributions of government and indigenous representatives to date; and
the third presents the proposal of the Chair of the Working Group to
Prepare the Draft American Declaration on the Rights of Indigenous
Peoples.

The proposal by the Chair has not been negotiated and was created with
the sole objective of ordering the material and facilitating future
deliberations that will lead to the adoption of the American Declaration
on the Rights of Indigenous Peoples by the OAS member states, as
outlined in resolution AG/RES. 1780 (XXXI-O/01).

Washington, D.C. December 28, 2001

+--------------------+-----------------------+------------------------+
| #                  | #                     |                        |
+--------------------+-----------------------+------------------------+
| #                  | # PROPOSALS MADE BY T | #                      |
|                    | HE REPRESENTATIVES OF |                        |
| # OR               |  STATES, INDIGENOUS R | # PROPOSAL BY THE CHAI |
| IGINAL IACHR DRAFT | EPRESENTATIVES AND TH | R OF THE WORKING GROUP |
|                    | E INTER-AMERICAN JURI |                        |
|                    | DICAL COMMITTEE (CJI) |                        |
+--------------------+-----------------------+------------------------+
| #                  | ###                   | ###                    |
|                    |                       |                        |
| PROPOSED AMERICAN  | ### PR                | ###                    |
| DECLARATION ON THE | OPOSED AMERICAN DECLA |  PROPOSED AMERICAN DEC |
| RIGHTS OF          | RATION ON THE RIGHTS  | LARATION ON THE RIGHTS |
| INDIGENOUS PEOPLES | OF INDIGENOUS PEOPLES |  OF INDIGENOUS PEOPLES |
|                    |                       |                        |
| (Approved by the   | The member states of  | The member states of   |
| Inter-American     | the Organization of   | the Organization of    |
| Commission on      | American States       | American States        |
| Human Rights on    | (hereafter the        | (hereafter the         |
| February 26, 1997, | states),              | states),               |
| at its 1333rd      |                       |                        |
| session, 95th      |                       |                        |
| regular session)   |                       |                        |
+--------------------+-----------------------+------------------------+
| ######## PREAMBLE  | ## PREAMBLE           | ## PREAMBLE            |
|                    |                       |                        |
| 1\. [Indigenous    | [REPRESENTATIVES OF   | RECOGNIZING that the   |
| institutions and   | STATES]{.underline}:  | rights of indigenous   |
| the strengthening  |                       | peoples constitute a   |
| of                 | \[RECOGNIZING that    | fundamental and        |
| na                 | the rights of         | historically           |
| tions]{.underline} | indigenous peoples    | significant issue in   |
|                    | constitute a          | the present and future |
| The member states  | fundamental and       | of the Americas;       |
| of the             | profoundly            |                        |
| Organization of    | significant issue in  | 1\. [Indigenous        |
| American States    | the present and       | institutions and the   |
| (hereafter the     | future history of the | strengthening of       |
| states),           | Americas\];           | nations]{.underline}   |
|                    |                       |                        |
| Aware that the     | 1\. [Indigenous       | Recognizing that       |
| indigenous peoples | institutions and the  | indigenous peoples are |
| of the Americas    | strengthening of      | foundational societies |
| constitute an      | nations]{.underline}  | that form an integral  |
| organized,         |                       | part of the population |
| distinctive and    | \[Recognizing that    | of the Americas and    |
| integral segment   | indigenous peoples    | that their values and  |
| of the population, | form an integral part | cultures are           |
| are entitled to be | of the population of  | inextricably linked to |
| part of the        | the Americas and that | the identity both of   |
| national           | their values and      | the countries they     |
| identities of the  | cultures are          | live in and of the     |
| countries, and     | inextricably linked   | region as a whole.     |
| have a special     | to the identity both  | Recalling that the     |
| role to play in    | of the countries they | indigenous peoples of  |
| strengthening      | live in and of the    | the Americas           |
| state institutions | region as a whole\]   | constitute a segment   |
| and in             | \[Recalling that      | of society and play a  |
| establishing       | throughout the        | special role in        |
| national unity     | Americas the          | defining the national  |
| based on           | indigenous peoples    | identity,              |
| democratic         | constitute a          | strengthening the      |
| principles;        | distinctive element   | institutions of the    |
|                    | within society, and   | state, and achieving   |
|                    | have a special role   | national unity based   |
|                    | to play in defining   | on democratic          |
|                    | the national          | principles.            |
|                    | identity,             |                        |
|                    | strengthening the     |                        |
|                    | institutions of the   |                        |
|                    | state and achieving   |                        |
|                    | national unity based  |                        |
|                    | on democratic         |                        |
|                    | principles\]          |                        |
|                    |                       |                        |
|                    | \[Recognizing the     |                        |
|                    | immense contribution  |                        |
|                    | of indigenous peoples |                        |
|                    | to the development    |                        |
|                    | and multicultural     |                        |
|                    | composition of our    |                        |
|                    | societies and         |                        |
|                    | reiterating our       |                        |
|                    | commitment to their   |                        |
|                    | economic and social   |                        |
|                    | well-being, as well   |                        |
|                    | as to the obligation  |                        |
|                    | to respect their      |                        |
|                    | rights and cultural   |                        |
|                    | identity\];           |                        |
|                    |                       |                        |
|                    | \[Recalling that the  |                        |
|                    | indigenous peoples of |                        |
|                    | the Americas are      |                        |
|                    | equal in dignity and  |                        |
|                    | rights to all other   |                        |
|                    | citizens;\]           |                        |
|                    |                       |                        |
|                    | \[Asserting that      |                        |
|                    | indigenous peoples    |                        |
|                    | are equal in dignity  |                        |
|                    | and rights to all     |                        |
|                    | other peoples, while  |                        |
|                    | recognizing their     |                        |
|                    | right to be           |                        |
|                    | different, to be      |                        |
|                    | considered different, |                        |
|                    | and to be respected   |                        |
|                    | as such\];            |                        |
|                    |                       |                        |
|                    | Further recalling     |                        |
|                    | that the presence of  |                        |
|                    | indigenous societies  |                        |
|                    | enriches the cultural |                        |
|                    | heritage and national |                        |
|                    | identities of the     |                        |
|                    | American states and   |                        |
|                    | contributes to the    |                        |
|                    | intellectual,         |                        |
|                    | artistic, social, and |                        |
|                    | economic vitality of  |                        |
|                    | the Americas;\]       |                        |
|                    |                       |                        |
|                    | [INDIGENOUS           |                        |
|                    | REPRESEN              |                        |
|                    | TATIVES:]{.underline} |                        |
|                    |                       |                        |
|                    | \[Recalling that      |                        |
|                    | indigenous peoples of |                        |
|                    | the Americas are a    |                        |
|                    | part of preexisting,  |                        |
|                    | different, and        |                        |
|                    | integral societies    |                        |
|                    | and have the right to |                        |
|                    | be a part of the      |                        |
|                    | national identity of  |                        |
|                    | the countries in      |                        |
|                    | which they live;\]    |                        |
+--------------------+-----------------------+------------------------+

+--------------------+-----------------------+------------------------+
| Further recalling  | [REPRESENTATIVES OF   | Further recalling that |
| that some of the   | THE                   | some of the democratic |
| democratic         | STATES:]{.underline}  | institutions and       |
| institutions and   |                       | concepts embodied in   |
| concepts embodied  | Further recalling     | the constitutions of   |
| in the             | that some of the      | the American states    |
| constitutions of   | democratic            | stem from institutions |
| the American       | institutions and      | of the indigenous      |
| states stem from   | concepts embodied in  | peoples, and that many |
| institutions of    | the constitutions of  | of their present       |
| the indigenous     | the American states   | participatory systems  |
| peoples, and many  | stem from             | for decision-making    |
| of their present   | institutions of the   | and for authority      |
| participatory      | indigenous peoples,   | contribute to          |
| systems for        | and many of their     | improving democracies  |
| decision-making    | present participatory | in the Americas.       |
| and for authority  | systems for           |                        |
| contribute to      | decision-making and   |                        |
| improving          | for authority         |                        |
| democracies in the | contribute to         |                        |
| Americas; and      | improving democracies |                        |
|                    | in the Americas;      |                        |
|                    |                       |                        |
|                    | \[Recalling the       |                        |
|                    | important             |                        |
|                    | contributions         |                        |
|                    | indigenous            |                        |
|                    | \[societies\]         |                        |
|                    | \[peoples\] have made |                        |
|                    | to the development of |                        |
|                    | many of the political |                        |
|                    | concepts and          |                        |
|                    | democratic principles |                        |
|                    | embraced by American  |                        |
|                    | states;\]             |                        |
|                    |                       |                        |
|                    | \[Recognizing that    |                        |
|                    | indigenous            |                        |
|                    | \[societies\]         |                        |
|                    | \[peoples\] have a    |                        |
|                    | vital and continuing  |                        |
|                    | role to play in       |                        |
|                    | strengthening the     |                        |
|                    | institutions of       |                        |
|                    | American states and   |                        |
|                    | achieving national    |                        |
|                    | unity in accordance   |                        |
|                    | with democratic       |                        |
|                    | principles;\]         |                        |
+--------------------+-----------------------+------------------------+

+--------------------+-----------------------+------------------------+
| Mindful of the     | [REPRESENTATIVES OF   | Mindful of the need to |
| need to develop    | THE                   | develop and strengthen |
| their national     | STATES:]{.underline}  | national juridical     |
| juridical systems  |                       | systems and policies   |
| in order to        | \[Mindful of the need | in order to            |
| strengthen the     | to \[develop\]        | consolidate the        |
| pluricultural      | \[strengthen\]        | multicultural nature   |
| nature of our      | national juridical    | of our societies.      |
| societies.         | systems \[and         |                        |
|                    | policies\] in order   |                        |
|                    | to consolidate the    |                        |
|                    | multiplicity of       |                        |
|                    | cultures \[, ethnic   |                        |
|                    | groups, and           |                        |
|                    | languages\] in our    |                        |
|                    | societies;            |                        |
+--------------------+-----------------------+------------------------+

+--------------------+-----------------------+------------------------+
| 2\. [The           | [REPRESENTATIVES OF   | 2\. [The Eradication   |
| Eradication of     | THE                   | of poverty and the     |
| poverty and the    | STATES:]{.underline}  | right to               |
| right to           |                       | de                     |
| develo             | 2\. [The Eradication  | velopment]{.underline} |
| pment]{.underline} | of poverty and the    |                        |
|                    | right to              | Concerned over the     |
| Concerned over the | dev                   | frequency with which   |
| frequency with     | elopment]{.underline} | indigenous peoples are |
| which indigenous   |                       | stripped of their      |
| peoples are        | (It has been proposed | human rights and       |
| stripped of their  | that this section be  | fundamental freedoms   |
| human rights and   | moved to the          | both within and        |
| fundamental        | operative part.)      | outside their          |
| freedoms, both     |                       | communities, and over  |
| within and outside | Concerned over the    | how their peoples and  |
| their communities, | frequency with which  | communities are        |
| as well as         | indigenous peoples    | despoiled of their     |
| despoiled of their | are stripped of their | lands, territories,    |
| lands, territories | human rights and      | and resources, thus    |
| and resources,     | fundamental freedoms, | preventing them from   |
| thus preventing    | both within and       | exercising, in         |
| them from          | outside their         | particular, their      |
| exercising, in     | communities, as well  | right to development   |
| particular, their  | as despoiled of their | in accordance with     |
| right to           | lands, territories    | their own traditions,  |
| development in     | and resources, thus   | needs, and interests.  |
| accordance with    | preventing them from  |                        |
| their own          | exercising, in        | Recognizing the severe |
| traditions, needs  | particular, their     | impoverishment         |
| and interests;     | right to development  | afflicting indigenous  |
|                    | in accordance with    | peoples in several     |
| Recognizing the    | their own traditions, | regions of the         |
| severe             | needs and interests;  | Hemisphere and the     |
| impoverishment     |                       | deplorable worsening   |
| afflicting         | Recognizing the       | of their living        |
| indigenous peoples | severe impoverishment | conditions in many     |
| in several regions | afflicting indigenous | instances;             |
| of the Hemisphere  | peoples in several    |                        |
| and the deplorable | regions of the        | And recalling the      |
| worsening of their | Hemisphere and the    | avowed commitment of   |
| living conditions  | deplorable worsening  | the heads of state and |
| in many instances; | of their living       | government at all the  |
| and                | conditions in many    | Summits of the         |
|                    | instances; and        | Americas to focusing   |
| Recalling that in  |                       | their efforts on       |
| the Declaration of | Recalling that in the | improving the exercise |
| Principles issued  | Declaration of        | of democratic rights   |
| by the Summit of   | Principles issued by  | and the access to      |
| the Americas in    | the Summit of the     | social services        |
| December 1994, the | Americas in December  | enjoyed by indigenous  |
| heads of state and | 1994, the heads of    | peoples and their      |
| governments noted  | state and governments | communities.           |
| that in observance | noted that in         |                        |
| of the             | observance of the     |                        |
| International      | International Decade  |                        |
| Decade of the      | of the World\'s       |                        |
| World\'s           | Indigenous People,    |                        |
| Indigenous People, | they will focus their |                        |
| they will focus    | efforts on improving  |                        |
| their efforts on   | the exercise of       |                        |
| improving the      | democratic rights and |                        |
| exercise of        | providing indigenous  |                        |
| democratic rights  | peoples and their     |                        |
| and providing      | communities with      |                        |
| indigenous peoples | access to social      |                        |
| and their          | services;             |                        |
| communities with   |                       |                        |
| access to social   |                       |                        |
| services;          |                       |                        |
+--------------------+-----------------------+------------------------+

+--------------------+-----------------------+------------------------+
| 3\. [Indigenous    | [REPRESENTATIVES OF   | 3\. [Indigenous        |
| cultures and       | THE                   | culture and            |
| ec                 | STATES:]{.underline}  | ecology]{.underline}   |
| ology]{.underline} |                       |                        |
|                    | 3\. [Indigenous       | Recognizing the        |
| Recognizing the    | culture and           | respect for the        |
| respect for the    | ecology]{.underline}  | environment accorded   |
| environment        |                       | by the cultures of the |
| accorded by the    | \*(It has been        | indigenous peoples of  |
| cultures of        | proposed that this    | the Americas, and      |
| indigenous peoples | section be moved to   | considering their      |
| of the Americas,   | the operative part.)  | special relationship   |
| and considering    |                       | with the environment,  |
| the special        | Recognizing the       | the lands, the         |
| relationship       | respect for the       | resources, and the     |
| between those      | environment accorded  | territories in which   |
| peoples and the    | by the cultures of    | they live.             |
| environment, the   | indigenous peoples of |                        |
| lands, the         | the Americas, and     |                        |
| resources, and the | considering the       |                        |
| territories in     | special relationship  |                        |
| which they live;   | between those peoples |                        |
|                    | and the environment,  |                        |
|                    | the lands, the        |                        |
|                    | resources, and the    |                        |
|                    | territories in which  |                        |
|                    | they live;            |                        |
+--------------------+-----------------------+------------------------+

+--------------------+-----------------------+------------------------+
| 4\. [Harmonious    | [REPRESENTATIVES OF   | 4\. [Harmonious        |
| relations,         | THE                   | relations, respect,    |
| respect, and the   | STATES:]{.underline}  | and the absence of     |
| absence of         |                       | discr                  |
| discrimin          | 4\. [Harmonious       | imination]{.underline} |
| ation]{.underline} | relations, respect,   |                        |
|                    | and the absence of    | Reiterating the        |
| Reaffirming the    | discri                | responsibility         |
| responsibility of  | mination]{.underline} | incumbent upon all     |
| the states and     |                       | states to combat       |
| peoples of the     | Reiterating the       | racism, racial and     |
| Americas to end    | responsibility        | ethnic discrimination, |
| racism and racial  | incumbent upon all    | xenophobia, and other  |
| discrimination,    | states to combat      | related contemporary   |
| with a view to     | racism and all forms  | forms of intolerance.  |
| establishing       | of racial             |                        |
| harmonious         | discrimination with a |                        |
| relations and      | view to eliminating   |                        |
| respect among all  | them \[AGREED ad      |                        |
| peoples;           | referendum\];         |                        |
+--------------------+-----------------------+------------------------+

+--------------------+-----------------------+------------------------+
| 5\. [Territories   | [REPRESENTATIVES OF   | 5\. [Land and          |
| and indigenous     | THE                   | territory]{.underline} |
| sur                | STATES:]{.underline}  |                        |
| vival]{.underline} |                       | Recognizing that for   |
|                    | 5\. \[[Territory\]    | many indigenous        |
| Recognizing that   | \[cultural            | peoples, their various |
| in many indigenous | territory\]           | traditional systems    |
| cultures,          | \[habitat\] and       | for the use and        |
| traditional        | indigenous            | control of their lands |
| collective systems | survival]{.underline} | and other resources    |
| for the control    |                       | are necessary          |
| and use of land,   | \*(It has been        | conditions for their   |
| territories,       | proposed that this    | development and        |
| resources, bodies  | section be moved to   | individual and         |
| of water and       | the operative part.   | collective well-being. |
| coastal areas are  |                       |                        |
| a necessary        | \*\*(It has been      | Recognizing that for   |
| condition for      | proposed that the     | many indigenous        |
| their survival,    | subtitle be deleted   | cultures, their        |
| social             | or that the word      | traditional collective |
| organization,      | \"territory\" be      | systems for the use    |
| development and    | deleted or replaced.) | and control of land,   |
| their individual   |                       | territories,           |
| and collective     | Recognizing that for  | resources, waters, and |
| well-being; and    | many indigenous       | coastal areas are      |
| that the forms of  | peoples, their        | necessary conditions   |
| such control and   | various traditional   | for their survival,    |
| ownership vary and | systems for the use   | social organization,   |
| differ, and do not | and control of their  | development, and       |
| necessarily        | lands and other       | individual and         |
| coincide with the  | resources are         | collective well-being; |
| systems protected  | necessary conditions  |                        |
| by the common laws | for their development | Further recognizing    |
| of the states in   | and individual and    | the importance for     |
| which they reside. | collective            | humankind of           |
|                    | well-being. \[AGREED  | preserving indigenous  |
|                    | ad referendum\];      | American cultures,     |
|                    |                       | which may include      |
|                    | Recognizing that for  | traditional collective |
|                    | many indigenous       | forms of land          |
|                    | cultures their        | ownership, social      |
|                    | traditional           | organization, and      |
|                    | collective systems    | religious practices    |
|                    | for the use and       | different from those   |
|                    | control of land,      | followed by other      |
|                    | territories,          | members of the         |
|                    | resources, waters,    | population;            |
|                    | and coastal areas are |                        |
|                    | necessary conditions  |                        |
|                    | for their survival,   |                        |
|                    | social organization,  |                        |
|                    | development, and      |                        |
|                    | individual and        |                        |
|                    | collective well-being |                        |
|                    | \[differ from those   |                        |
|                    | followed by other     |                        |
|                    | members of the        |                        |
|                    | population\] \[and    |                        |
|                    | that those systems of |                        |
|                    | control \[and         |                        |
|                    | dominion\] \[may be\] |                        |
|                    | \[are\] varied,       |                        |
|                    | specific to them, and |                        |
|                    | not necessarily       |                        |
|                    | consistent with       |                        |
|                    | systems protected by  |                        |
|                    | ordinary law in the   |                        |
|                    | states in which they  |                        |
|                    | reside\];             |                        |
|                    |                       |                        |
|                    | Further recognizing   |                        |
|                    | the importance for    |                        |
|                    | all humankind of      |                        |
|                    | preserving indigenous |                        |
|                    | American cultures,    |                        |
|                    | which may include     |                        |
|                    | traditional           |                        |
|                    | collective forms of   |                        |
|                    | land ownership,       |                        |
|                    | social organization,  |                        |
|                    | and religious         |                        |
|                    | practices different   |                        |
|                    | from those followed   |                        |
|                    | by other members of   |                        |
|                    | the population;       |                        |
+--------------------+-----------------------+------------------------+

+--------------------+-----------------------+------------------------+
| 6\. [Security and  | [REPRESENTATIVES OF   | Eliminated             |
| indigenous         | THE                   |                        |
| areas]{.underline} | STATES:]{.underline}  |                        |
|                    |                       |                        |
| Reaffirming that   | #####                 |                        |
| the armed forces   |                       |                        |
| in indigenous      | Eliminated            |                        |
| areas shall        |                       |                        |
| confine their      |                       |                        |
| action to the      |                       |                        |
| performance of     |                       |                        |
| their functions,   |                       |                        |
| and shall not be   |                       |                        |
| the cause of       |                       |                        |
| abuses or          |                       |                        |
| violations of the  |                       |                        |
| rights of          |                       |                        |
| indigenous         |                       |                        |
| peoples;           |                       |                        |
+--------------------+-----------------------+------------------------+

+--------------------+-----------------------+------------------------+
| 7\. [Human rights  | [REPRESENTATIVES OF   | 6\. [Human rights      |
| instruments and    | THE                   | instruments and other  |
| other advances in  | STATES:]{.underline}  | advances in            |
| international      |                       | international          |
| law]{.underline}   | 6\. [Human rights     | law]{.underline}       |
|                    | instruments and other |                        |
| Recognizing the    | advances in           | Reiterating the        |
| paramountcy of the | international         | universal,             |
| American           | law]{.underline}      | indivisible, and       |
| Declaration of the |                       | interdependent nature  |
| Rights and Duties  | Recognizing the       | of the human rights    |
| of Man, the        | paramountcy of the    | and fundamental        |
| American           | American Declaration  | freedoms recognized by |
| Convention on      | of the Rights and     | the international      |
| Human Rights and   | Duties of Man, the    | community; and,        |
| other human rights | American Convention   |                        |
| instruments of     | on Human Rights and   | Noting the progress    |
| inter-American and | other human rights    | made at the            |
| international law; | instruments of        | international level in |
| and the            | inter-American and    | recognizing the rights |
| applicability      | international law;    | of indigenous peoples. |
| thereof to the     | and                   |                        |
| states and peoples |                       |                        |
| of the Americas;   | \[Recognizing the     |                        |
|                    | \[appl                |                        |
| Recognizing that   | icability/relevance\] |                        |
| indigenous peoples | throughout the        |                        |
| are addressed by   | Americas of the       |                        |
| international law, | American Declaration  |                        |
| and mindful of the | of the Rights and     |                        |
| progress achieved  | Duties of Man, and,   |                        |
| by the states and  | where \[duly          |                        |
| indigenous         | ra                    |                        |
| peoples,           | tified/appropriate\], |                        |
| especially in the  | other international   |                        |
| sphere of the      | human rights          |                        |
| United Nations and | instruments,          |                        |
| the International  | including the         |                        |
| Labor              | American Convention   |                        |
| Organization, in   | on Human Rights;      |                        |
| various            |                       |                        |
| international      | Reiterating the       |                        |
| instruments,       | universal,            |                        |
| particularly in    | indivisible, and      |                        |
| ILO Convention     | interdependent nature |                        |
| 169, and           | of the human rights   |                        |
|                    | and fundamental       |                        |
| Affirming the      | freedoms recognized   |                        |
| principle of       | by the international  |                        |
| espousing          | community. \[AGREED   |                        |
| universal and      | ad referendum\];      |                        |
| indivisible nature |                       |                        |
| of human rights,   |                       |                        |
| and the            |                       |                        |
| application of     |                       |                        |
| internationally    |                       |                        |
| recognized human   |                       |                        |
| rights to all      |                       |                        |
| individuals;       |                       |                        |
+--------------------+-----------------------+------------------------+

+--------------------+-----------------------+------------------------+
| 8\. [The enjoyment | [REPRESENTATIVES OF   | Eliminated             |
| of collective      | THE                   |                        |
| r                  | STATES:]{.underline}  |                        |
| ights]{.underline} |                       |                        |
|                    | #####                 |                        |
| Recalling the      |                       |                        |
| international      | ##### Eliminated      |                        |
| recognition of     |                       |                        |
| rights that can be |                       |                        |
| enjoyed when       |                       |                        |
| exercised          |                       |                        |
| collectively; and  |                       |                        |
+--------------------+-----------------------+------------------------+

+--------------------+-----------------------+------------------------+
| 9\. [Advances in   | [REPRESENTATIVES OF   | 7\. [Advances in the   |
| the content of     | THE                   | provisions of national |
| national           | STATES:]{.underline}  | instruments and        |
| instru             |                       | different national     |
| ments]{.underline} | 7\. [Advances in the  | s                      |
|                    | provisions of         | ituations]{.underline} |
| Noting the         | national instruments  |                        |
| constitutional,    | and different         | Bearing in mind the    |
| legislative and    | national              | diversity of national  |
| jurisprudential    | si                    | circumstances and the  |
| advances progress  | tuations]{.underline} | varying degrees of     |
| in the Americas in |                       | indigenous presence in |
| guaranteeing the   | \[Bearing in mind the | the states, as well as |
| rights and         | diversity of          | the constitutional,    |
| institutions of    | circumstances in      | legislative, and       |
| indigenous         | different countries   | jurisprudential        |
| peoples,           | and the varying       | progress made in the   |
|                    | degrees of impact of  | Americas in securing   |
|                    | indigenous            | the rights and         |
|                    | communities in the    | institutions of        |
|                    | different states, as  | indigenous peoples.    |
|                    | well as the           |                        |
|                    | constitutional,       |                        |
|                    | legislative, and      |                        |
|                    | jurisprudential       |                        |
|                    | progress made in the  |                        |
|                    | Americas in securing  |                        |
|                    | the rights and        |                        |
|                    | institutions of       |                        |
|                    | indigenous peoples,   |                        |
|                    | in order to           |                        |
|                    | consolidate the       |                        |
|                    | multiplicity of       |                        |
|                    | cultures, ethnic      |                        |
|                    | groups, and languages |                        |
|                    | in our societies      |                        |
|                    | \[APPROVED ad         |                        |
|                    | referendum\];         |                        |
+--------------------+-----------------------+------------------------+

+--------------------+-----------------------+------------------------+
|                    | [REPRESENTATIVES OF   |                        |
|                    | THE                   |                        |
|                    | STATES:]{.underline}  |                        |
|                    |                       |                        |
|                    | 8\. [The situation of |                        |
|                    | indigenous peoples    |                        |
|                    | and specific          |                        |
|                    | circumstances in each |                        |
|                    | country]{.underline}  |                        |
|                    |                       |                        |
|                    | Bearing in mind the   |                        |
|                    | foregoing paragraph,  |                        |
|                    | this Declaration      |                        |
|                    | should be interpreted |                        |
|                    | and applied in        |                        |
|                    | harmony and in        |                        |
|                    | keeping with current  |                        |
|                    | legal systems in the  |                        |
|                    | member states and     |                        |
|                    | their international   |                        |
|                    | commitments;          |                        |
|                    |                       |                        |
|                    | Bearing in mind that  |                        |
|                    | this Declaration must |                        |
|                    | be consistent with    |                        |
|                    | legal systems in      |                        |
|                    | force in member       |                        |
|                    | states and with their |                        |
|                    | international         |                        |
|                    | commitments;          |                        |
|                    |                       |                        |
|                    | #####                 |                        |
+--------------------+-----------------------+------------------------+

+--------------------+-----------------------+------------------------+
|                    | [REPRESENTATIVES OF   |                        |
|                    | THE                   |                        |
|                    | STATES:]{.underline}  |                        |
|                    |                       |                        |
|                    | 8\. [The situation of |                        |
|                    | indigenous peoples    |                        |
|                    | and specific          |                        |
|                    | circumstances in each |                        |
|                    | country]{.underline}  |                        |
|                    |                       |                        |
|                    | Bearing in mind the   |                        |
|                    | foregoing paragraph,  |                        |
|                    | this Declaration      |                        |
|                    | should be interpreted |                        |
|                    | and applied in        |                        |
|                    | harmony and in        |                        |
|                    | keeping with current  |                        |
|                    | legal systems in the  |                        |
|                    | member states and     |                        |
|                    | their international   |                        |
|                    | commitments;          |                        |
|                    |                       |                        |
|                    | Bearing in mind that  |                        |
|                    | this Declaration must |                        |
|                    | be consistent with    |                        |
|                    | legal systems in      |                        |
|                    | force in member       |                        |
|                    | states and with their |                        |
|                    | international         |                        |
|                    | commitments*;*        |                        |
|                    |                       |                        |
|                    | **\***Note: The       |                        |
|                    | following proposals   |                        |
|                    | do not belong under   |                        |
|                    | subheading No. 8      |                        |
|                    |                       |                        |
|                    | Recognizing that      |                        |
|                    | indigenous peoples    |                        |
|                    | and their societies   |                        |
|                    | have a vital role in  |                        |
|                    | \[sustainable         |                        |
|                    | development and that  |                        |
|                    | their know-how and    |                        |
|                    | traditional practices |                        |
|                    | must be respected\];  |                        |
|                    |                       |                        |
|                    | Encouraging states to |                        |
|                    | recognize the         |                        |
|                    | identity, culture,    |                        |
|                    | and interests of      |                        |
|                    | indigenous            |                        |
|                    | \[                    |                        |
|                    | peoples/populations\] |                        |
|                    | and their communities |                        |
|                    | and make possible     |                        |
|                    | their effective       |                        |
|                    | participation in the  |                        |
|                    | achievement of        |                        |
|                    | sustainable           |                        |
|                    | development \[AGREED  |                        |
|                    | ad referendum\];      |                        |
|                    |                       |                        |
|                    | Recalling the         |                        |
|                    | commitment undertaken |                        |
|                    | by the Heads of State |                        |
|                    | and Government in the |                        |
|                    | Declaration of        |                        |
|                    | Principles of the     |                        |
|                    | First Summit of the   |                        |
|                    | Americas, held in     |                        |
|                    | December 1994 in      |                        |
|                    | Miami, and at the     |                        |
|                    | Summit of the         |                        |
|                    | Americas on           |                        |
|                    | Sustainable           |                        |
|                    | Development, held in  |                        |
|                    | Santa Cruz de la      |                        |
|                    | Sierra in December    |                        |
|                    | 1996, and reaffirmed  |                        |
|                    | in the Plan of Action |                        |
|                    | of the Second Summit  |                        |
|                    | of the Americas, held |                        |
|                    | in April 1998 in      |                        |
|                    | Santiago, Chile;      |                        |
|                    |                       |                        |
|                    | Desiring to promote   |                        |
|                    | and strengthen        |                        |
|                    | international         |                        |
|                    | cooperation with      |                        |
|                    | respect to the        |                        |
|                    | economic, cultural,   |                        |
|                    | and social            |                        |
|                    | development of        |                        |
|                    | indigenous peoples;   |                        |
|                    | \[AGREED ad           |                        |
|                    | referendum\]          |                        |
|                    |                       |                        |
|                    | Recognizing the       |                        |
|                    | severe poverty in     |                        |
|                    | which many indigenous |                        |
|                    | people live in many   |                        |
|                    | parts of the Americas |                        |
|                    | and the commitment    |                        |
|                    | made by the Heads of  |                        |
|                    | State and Government  |                        |
|                    | at the 1994 Summit of |                        |
|                    | the Americas to focus |                        |
|                    | their energies on     |                        |
|                    | improving the         |                        |
|                    | exercise of           |                        |
|                    | democratic rights and |                        |
|                    | the access to social  |                        |
|                    | services by           |                        |
|                    | indigenous people and |                        |
|                    | their societies;      |                        |
+--------------------+-----------------------+------------------------+

+--------------------+-----------------------+------------------------+
| **DECLARE**:       | **DECLARE:**          | ####### **DECLARE:**   |
|                    |                       |                        |
| **SECTION ONE.     | [REPRESENTATIVES OF   | **SECTION ONE.         |
| INDIGENOUS         | THE                   | INDIGENOUS PEOPLES**   |
| PEOPLES**          | STATES:]{.underline}  |                        |
|                    |                       | 1\. This Declaration   |
| Article I. [Scope  | **SECTION ONE:        | applies to indigenous  |
| and                | DEFINITIONS**         | peoples as well as to  |
| defini             |                       | peoples whose social,  |
| tions]{.underline} | For the purposes of   | cultural, and economic |
|                    | this Declaration, it  | conditions distinguish |
| 1\. This           | shall be understood   | them from other        |
| Declaration        | that:                 | sectors of the         |
| applies to         |                       | national community,    |
| indigenous peoples | Article I.            | and whose legal status |
| as well as to      |                       | is regulated wholly or |
| peoples whose      | [Proposal by the      | in part by their own   |
| social, cultural   | Chair, November       | customs or traditions  |
| and economic       | 1999.]{.underline}    | or by special laws or  |
| conditions         | "Indigenous peoples"  | regulations.           |
| distinguish them   | are understood to be  |                        |
| from other sectors | a group of            | 2\.                    |
| of the national    | individuals who,      | Self-identification as |
| community, and     | within the national   | indigenous shall be    |
| whose status is    | state, retain basic   | regarded as a          |
| regulated wholly   | distinctive traits    | fundamental criterion  |
| or in part by      | from a culture that   | for determining the    |
| their own customs  | existed prior to      | peoples to which the   |
| or traditions or   | European              | provisions of this     |
| by special laws or | colonization, such as | Declaration apply.     |
| regulations.       | language; regulatory  |                        |
|                    | systems; practices    | 3\. Use of the term    |
| 2\.                | and customs; and      | \"peoples\" in this    |
| S                  | social, economic,     | Declaration shall not  |
| elf-identification | cultural, and         | be construed as having |
| as indigenous      | political             | any implication        |
| shall be regarded  | institutions; and     | concerning other       |
| as a fundamental   | whose members         | rights that might be   |
| criterion for      | consider themselves   | associated with that   |
| determining the    | to be part of that    | term in international  |
| peoples to which   | indigenous culture.   | law.                   |
| the provisions of  | (Supported by         |                        |
| this Declaration   | Guatemala).           | ## 4. Definition       |
| apply.             |                       | s. For the purposes of |
|                    | [Proposal by          |  this Declaration, the |
| 3\. Use of the     | Argentina, April      |  following terms shall |
| term \"peoples\"   | 2001]{.underline}.    |  be taken as having th |
| in this            |                       | e meanings indicated:  |
| Declaration shall  | "The word "peoples"   |                        |
| not be construed   | in this Declaration   | a\) Indigenous         |
| as having any      | should not be         | peoples: Those groups  |
| implication        | construed in any way  | that, within the       |
| concerning other   | that has implications | nation state, are      |
| rights that might  | regarding the rights  | descended from a       |
| be associated with | that may be           | foundational culture   |
| that term in       | associated with the   | predating European     |
| international law. | term under            | colonization and still |
|                    | international law.    | retain basic           |
|                    |                       | distinctive traits,    |
|                    | The rights associated | such as language,      |
|                    | with the term         | regulatory systems,    |
|                    | "indigenous peoples"  | practices and customs, |
|                    | have a specific       | art, beliefs, and      |
|                    | meaning in a          | social, economic,      |
|                    | particular context,   | cultural, and          |
|                    | which is duly defined | political              |
|                    | in multilateral       | institutions, and      |
|                    | negotiations of the   | whose members consider |
|                    | texts of the          | themselves a part of   |
|                    | Declarations that     | that indigenous        |
|                    | refer explicitly to   | culture and are        |
|                    | these rights."        | recognized as such.    |
|                    |                       | Indigenous peoples     |
|                    | [Proposal by          | give national          |
|                    | Colombia, April       | societies a            |
|                    | 2001.]{.underline}    | multiethnic,           |
|                    |                       | multicultural, and     |
|                    | "For the purposes of  | multilingual           |
|                    | this Declaration and  | character.             |
|                    | without prejudice to  |                        |
|                    | any State's adopting  | b\) Lands: Those       |
|                    | a more comprehensive  | physical and           |
|                    | set of criteria in    | geographical areas     |
|                    | support of it, an     | traditionally          |
|                    | "indigenous people"   | inhabited and shared   |
|                    | is understood to be a | since ancestral times  |
|                    | group of individuals  | by one or more         |
|                    | who, within the       | indigenous peoples.    |
|                    | national state,       |                        |
|                    | retain basic          | c\) Territories.       |
|                    | distinctive traits    | Territories are        |
|                    | from a culture that   | understood to be those |
|                    | existed prior to      | areas which indigenous |
|                    | European              | peoples do not own and |
|                    | colonization, such as | do not have exclusive  |
|                    | language; regulatory  | use of, but where they |
|                    | systems; practices    | may conduct their      |
|                    | and customs; art,     | traditional            |
|                    | beliefs, and social,  | lifestyles.            |
|                    | economic, cultural,   |                        |
|                    | and political         | **[NB]{.underline}:    |
|                    | institutions; and     | The Chair has not at   |
|                    | whose members         | this time offered a    |
|                    | consider themselves   | definition of          |
|                    | to be part of that    | self-determination     |
|                    | indigenous culture.   | \[free                 |
|                    |                       | determination\],       |
|                    | In any event, the use | believing that it      |
|                    | of the word "people"  | would be beneficial to |
|                    | in this Declaration   | hear further comments  |
|                    | should not be         | on the matter from all |
|                    | construed in any way  | the parties.**         |
|                    | that has implications |                        |
|                    | regarding the rights  |                        |
|                    | that may be           |                        |
|                    | associated with the   |                        |
|                    | term under            |                        |
|                    | international law.    |                        |
|                    | (Law 21 of 1991, Part |                        |
|                    | 1, Article 1,         |                        |
|                    | subparagraph 3).      |                        |
|                    |                       |                        |
|                    | [Indigenous           |                        |
|                    | Co                    |                        |
|                    | mmunity]{.underline}: |                        |
|                    | The group or set of   |                        |
|                    | families of           |                        |
|                    | Amerindian descent    |                        |
|                    | that are aware of     |                        |
|                    | their identity and    |                        |
|                    | share the values,     |                        |
|                    | traits, practices, or |                        |
|                    | customs of their      |                        |
|                    | culture, as well as   |                        |
|                    | their own forms of    |                        |
|                    | government,           |                        |
|                    | administration,       |                        |
|                    | social control or     |                        |
|                    | regulatory systems    |                        |
|                    | distinguishing them   |                        |
|                    | from other            |                        |
|                    | communities and form  |                        |
|                    | part of the structure |                        |
|                    | of the states signing |                        |
|                    | this Declaration,     |                        |
|                    | whose members feel    |                        |
|                    | they belong to an     |                        |
|                    | indigenous culture    |                        |
|                    | (Amends concepts      |                        |
|                    | contained in Article  |                        |
|                    | 2 of Decree 2124 of   |                        |
|                    | 1995, implementing    |                        |
|                    | Law 160 of 1994 --    |                        |
|                    | the Agrarian Reform   |                        |
|                    | Law).                 |                        |
|                    |                       |                        |
|                    | [Self-reco            |                        |
|                    | gnition]{.underline}: |                        |
|                    | The prerogative       |                        |
|                    | whereby a person may  |                        |
|                    | freely identify       |                        |
|                    | himself or herself as |                        |
|                    | a member of an        |                        |
|                    | indigenous people,    |                        |
|                    | practice its culture, |                        |
|                    | retaining its basic,  |                        |
|                    | distinctive traits,   |                        |
|                    | such as the language, |                        |
|                    | beliefs, practices,   |                        |
|                    | and customs of the    |                        |
|                    | indigenous people he  |                        |
|                    | or she claims to      |                        |
|                    | belong to and to      |                        |
|                    | prefer to other kinds |                        |
|                    | of culture            |                        |
|                    | (Definition that      |                        |
|                    | takes into account    |                        |
|                    | the considerations    |                        |
|                    | and proposed          |                        |
|                    | declarations of       |                        |
|                    | jurists.)             |                        |
|                    |                       |                        |
|                    | [Indigenous           |                        |
|                    | person]{.underline}:  |                        |
|                    | One who descends      |                        |
|                    | directly from an      |                        |
|                    | indigenous culture    |                        |
|                    | that existed prior to |                        |
|                    | European              |                        |
|                    | colonization, truly   |                        |
|                    | participates in that  |                        |
|                    | culture, considers    |                        |
|                    | himself or herself    |                        |
|                    | freely to be an       |                        |
|                    | indigenous person,    |                        |
|                    | and is considered as  |                        |
|                    | such by the other     |                        |
|                    | persons belonging to  |                        |
|                    | the same indigenous   |                        |
|                    | people."              |                        |
|                    |                       |                        |
|                    | [Proposal by          |                        |
|                    | Venezuela, April      |                        |
|                    | 2001]{.underline}     |                        |
|                    |                       |                        |
|                    | "[Indigenous          |                        |
|                    | peoples]{.underline}: |                        |
|                    | The original          |                        |
|                    | inhabitants of        |                        |
|                    | countries who retain  |                        |
|                    | their specific        |                        |
|                    | cultural identities,  |                        |
|                    | languages, habitat,   |                        |
|                    | and their social,     |                        |
|                    | economic, and         |                        |
|                    | political             |                        |
|                    | institutions and      |                        |
|                    | organizations, which  |                        |
|                    | distinguish them from |                        |
|                    | other segments of the |                        |
|                    | national community    |                        |
|                    | and give such         |                        |
|                    | national societies a  |                        |
|                    | multiethnic,          |                        |
|                    | pluricultural, and    |                        |
|                    | multilingual          |                        |
|                    | character. They form  |                        |
|                    | part of the sovereign |                        |
|                    | and indivisible       |                        |
|                    | oneness of States and |                        |
|                    | are duty-bound to     |                        |
|                    | safeguard national    |                        |
|                    | integrity and         |                        |
|                    | sovereignty.          |                        |
|                    |                       |                        |
|                    | The word "people" in  |                        |
|                    | this Declaration may  |                        |
|                    | not be construed to   |                        |
|                    | mean the same as it   |                        |
|                    | does in international |                        |
|                    | law.                  |                        |
|                    |                       |                        |
|                    | [Indigenous           |                        |
|                    | comm                  |                        |
|                    | unities]{.underline}: |                        |
|                    | Human settlements in  |                        |
|                    | which most of the     |                        |
|                    | inhabitants belong to |                        |
|                    | one or more           |                        |
|                    | indigenous peoples    |                        |
|                    | and consequently have |                        |
|                    | their own ways of     |                        |
|                    | life, organization,   |                        |
|                    | and cultural          |                        |
|                    | manifestations.       |                        |
|                    |                       |                        |
|                    | [Indigenous           |                        |
|                    | persons]{.underline}: |                        |
|                    | Persons who see       |                        |
|                    | themselves, and are   |                        |
|                    | regarded, as original |                        |
|                    | inhabitants belonging |                        |
|                    | to a community with   |                        |
|                    | its own linguistic,   |                        |
|                    | social, cultural, and |                        |
|                    | economic              |                        |
|                    | characteristics, and  |                        |
|                    | which is located in a |                        |
|                    | specific region."     |                        |
|                    |                       |                        |
|                    | [Proposal by Mexico,  |                        |
|                    | November              |                        |
|                    | 1999]{.underline}.    |                        |
|                    | "Indigenous peoples"  |                        |
|                    | are understood to be  |                        |
|                    | those social and      |                        |
|                    | cultural groups       |                        |
|                    | which, within         |                        |
|                    | national states,      |                        |
|                    | retain basic          |                        |
|                    | distinctive traits    |                        |
|                    | from a culture that   |                        |
|                    | existed prior to the  |                        |
|                    | establishment and     |                        |
|                    | constitution of the   |                        |
|                    | nation-state, such as |                        |
|                    | language; regulatory  |                        |
|                    | systems; or social,   |                        |
|                    | economic, cultural,   |                        |
|                    | and political         |                        |
|                    | institutions or a     |                        |
|                    | part thereof; and who |                        |
|                    | self-identify and are |                        |
|                    | recognized as members |                        |
|                    | of that indigenous    |                        |
|                    | culture."             |                        |
|                    |                       |                        |
|                    | [Proposal by Brazil,  |                        |
|                    | November              |                        |
|                    | 1999.]{.underline}    |                        |
|                    | "The use of the term  |                        |
|                    | "peoples" in this     |                        |
|                    | Declaration shall not |                        |
|                    | be construed as       |                        |
|                    | having any            |                        |
|                    | implication           |                        |
|                    | concerning other      |                        |
|                    | rights that might be  |                        |
|                    | associated with the   |                        |
|                    | term under            |                        |
|                    | international law."   |                        |
|                    |                       |                        |
|                    | Article II.           |                        |
|                    |                       |                        |
|                    | a\) [Proposal by the  |                        |
|                    | Chair, November       |                        |
|                    | 1999]{.underline}:    |                        |
|                    | Self-determination"   |                        |
|                    | is understood to mean |                        |
|                    | the ability of        |                        |
|                    | indigenous peoples to |                        |
|                    | exercise their forms  |                        |
|                    | of political,         |                        |
|                    | economic, social, and |                        |
|                    | cultural organization |                        |
|                    | within a framework of |                        |
|                    | autonomy and          |                        |
|                    | self-government       |                        |
|                    | compatible with the   |                        |
|                    | national unity of the |                        |
|                    | state.                |                        |
|                    |                       |                        |
|                    | a\) [Proposal by      |                        |
|                    | Argentina, April      |                        |
|                    | 2001]{.underline}.    |                        |
|                    |                       |                        |
|                    | "[Free                |                        |
|                    | determ                |                        |
|                    | ination]{.underline}" |                        |
|                    | refers to the ability |                        |
|                    | of indigenous peoples |                        |
|                    | to freely develop and |                        |
|                    | exercise their forms  |                        |
|                    | of political,         |                        |
|                    | economic, social, and |                        |
|                    | cultural organization |                        |
|                    | and to guarantee      |                        |
|                    | access to State       |                        |
|                    | jurisdiction, in a    |                        |
|                    | framework of autonomy |                        |
|                    | and self rule         |                        |
|                    | compatible with the   |                        |
|                    | national unity,       |                        |
|                    | territorial           |                        |
|                    | integrity, and        |                        |
|                    | organizational        |                        |
|                    | structure of each     |                        |
|                    | State."               |                        |
|                    |                       |                        |
|                    | a\) [Proposal by      |                        |
|                    | Colombia, April       |                        |
|                    | 2001]{.underline}.    |                        |
|                    |                       |                        |
|                    | "[Free                |                        |
|                    | determ                |                        |
|                    | ination]{.underline}: |                        |
|                    | The power of          |                        |
|                    | indigenous peoples    |                        |
|                    | within their          |                        |
|                    | communities to        |                        |
|                    | exercise their forms  |                        |
|                    | of political, social, |                        |
|                    | economic, and         |                        |
|                    | cultural organization |                        |
|                    | based on their own    |                        |
|                    | cosmovision, within a |                        |
|                    | framework of autonomy |                        |
|                    | or self rule          |                        |
|                    | compatible with the   |                        |
|                    | national unity of the |                        |
|                    | State of which they   |                        |
|                    | form a part.          |                        |
|                    |                       |                        |
|                    | For the purposes of   |                        |
|                    | this Declaration, the |                        |
|                    | term "free            |                        |
|                    | determination" should |                        |
|                    | not be construed in a |                        |
|                    | way that has any      |                        |
|                    | implications with     |                        |
|                    | respect to the rights |                        |
|                    | that may be           |                        |
|                    | associated with said  |                        |
|                    | term under            |                        |
|                    | international law."   |                        |
|                    |                       |                        |
|                    | a\) [Proposal by      |                        |
|                    | Brazil,               |                        |
|                    | 1999]{.underline}:    |                        |
|                    | "Self-determination"  |                        |
|                    | is understood to mean |                        |
|                    | the ability of        |                        |
|                    | indigenous peoples to |                        |
|                    | develop and freely    |                        |
|                    | exercise their forms  |                        |
|                    | of political,         |                        |
|                    | economic, social, and |                        |
|                    | cultural organization |                        |
|                    | within a framework of |                        |
|                    | autonomy and          |                        |
|                    | self-government       |                        |
|                    | compatible with the   |                        |
|                    | organizational        |                        |
|                    | structure of each     |                        |
|                    | state."               |                        |
|                    |                       |                        |
|                    | a\) [Proposal by      |                        |
|                    | Mexico,               |                        |
|                    | 1999]{.underline}:    |                        |
|                    | "Self-determination"  |                        |
|                    | is understood to mean |                        |
|                    | the ability of        |                        |
|                    | indigenous peoples to |                        |
|                    | freely develop and    |                        |
|                    | exercise their forms  |                        |
|                    | of political,         |                        |
|                    | economic, social, and |                        |
|                    | cultural              |                        |
|                    | organization; and to  |                        |
|                    | guarantee their       |                        |
|                    | access to the state   |                        |
|                    | jurisdiction, within  |                        |
|                    | a framework of        |                        |
|                    | autonomy and          |                        |
|                    | self-government       |                        |
|                    | compatible with the   |                        |
|                    | national unity and    |                        |
|                    | juridical             |                        |
|                    | organization of the   |                        |
|                    | states."              |                        |
|                    |                       |                        |
|                    | b\) [Proposal by the  |                        |
|                    | Chair, November       |                        |
|                    | 1999]{.underline}.    |                        |
|                    | This framework of     |                        |
|                    | autonomy or           |                        |
|                    | self-government finds |                        |
|                    | legal expression in   |                        |
|                    | areas and at levels   |                        |
|                    | where indigenous      |                        |
|                    | peoples, in           |                        |
|                    | accordance with       |                        |
|                    | national law,         |                        |
|                    | exercise their forms  |                        |
|                    | of political,         |                        |
|                    | economic, social, and |                        |
|                    | cultural              |                        |
|                    | organization.         |                        |
|                    |                       |                        |
|                    | Article III.          |                        |
|                    |                       |                        |
|                    | [Proposal by the      |                        |
|                    | Chair, November       |                        |
|                    | 1999]{.underline}.    |                        |
|                    | "Territory" is        |                        |
|                    | understood to mean    |                        |
|                    | the entire habitat,   |                        |
|                    | including the lands   |                        |
|                    | on which indigenous   |                        |
|                    | peoples are settled   |                        |
|                    | or which they enjoy   |                        |
|                    | in some fashion, in   |                        |
|                    | the manner            |                        |
|                    | established under     |                        |
|                    | national law.         |                        |
|                    |                       |                        |
|                    | [Proposal by          |                        |
|                    | Venezuela, April      |                        |
|                    | 2001]{.underline}.    |                        |
|                    |                       |                        |
|                    | "Indigenous lands:    |                        |
|                    | Specific physical and |                        |
|                    | geographical areas    |                        |
|                    | traditionally         |                        |
|                    | inhabited and shared  |                        |
|                    | since ancient times   |                        |
|                    | by one or more        |                        |
|                    | indigenous            |                        |
|                    | communities."         |                        |
|                    |                       |                        |
|                    | [Indigenous           |                        |
|                    | habitat:]{.underline} |                        |
|                    | The area inhabited    |                        |
|                    | and used by           |                        |
|                    | indigenous peoples    |                        |
|                    | and communities, in   |                        |
|                    | which they exercise   |                        |
|                    | their physical,       |                        |
|                    | cultural, spiritual,  |                        |
|                    | social, economic, and |                        |
|                    | political ways of     |                        |
|                    | life. It includes     |                        |
|                    | areas for             |                        |
|                    | cultivation, hunting, |                        |
|                    | river and maritime    |                        |
|                    | fishing, gathering,   |                        |
|                    | grazing, settlement,  |                        |
|                    | traditional paths,    |                        |
|                    | waterways, and river  |                        |
|                    | routes, sacred and    |                        |
|                    | historic places, and  |                        |
|                    | other spaces needed   |                        |
|                    | to safeguard and      |                        |
|                    | develop their         |                        |
|                    | specific ways of      |                        |
|                    | life."                |                        |
|                    |                       |                        |
|                    | [Proposal by Peru and |                        |
|                    | Argentina,            |                        |
|                    | 1999]{.underline}:    |                        |
|                    | "Lands" is understood |                        |
|                    | to mean the entire    |                        |
|                    | habitat in which      |                        |
|                    | indigenous peoples    |                        |
|                    | are settled or which  |                        |
|                    | they enjoy in some    |                        |
|                    | fashion, in the       |                        |
|                    | manner established    |                        |
|                    | under national law."  |                        |
|                    |                       |                        |
|                    | [Proposal by Canada,  |                        |
|                    | 1999]{.underline}     |                        |
|                    |                       |                        |
|                    | "Lands" are           |                        |
|                    | understood to mean    |                        |
|                    | those areas of land   |                        |
|                    | which indigenous      |                        |
|                    | peoples may own or    |                        |
|                    | have exclusive use    |                        |
|                    | of.                   |                        |
|                    |                       |                        |
|                    | "Territories" are     |                        |
|                    | understood to be      |                        |
|                    | those areas which     |                        |
|                    | indigenous peoples do |                        |
|                    | not own and do not    |                        |
|                    | have exclusive use    |                        |
|                    | of, but where they    |                        |
|                    | may conduct their     |                        |
|                    | traditional           |                        |
|                    | lifestyles, in        |                        |
|                    | accordance with       |                        |
|                    | domestic law or       |                        |
|                    | agreement.            |                        |
|                    |                       |                        |
|                    | Article IV            |                        |
|                    |                       |                        |
|                    | [Proposal by the      |                        |
|                    | Chair, November       |                        |
|                    | 1999]{.underline}.    |                        |
|                    | None of these         |                        |
|                    | definitions shall be  |                        |
|                    | interpreted to have   |                        |
|                    | the meaning that      |                        |
|                    | might be attributed   |                        |
|                    | to them in general    |                        |
|                    | international law.    |                        |
|                    |                       |                        |
|                    | [INDIGENOUS           |                        |
|                    | REPRESEN              |                        |
|                    | TATIVES:]{.underline} |                        |
|                    |                       |                        |
|                    | [National Congress of |                        |
|                    | American Indians,     |                        |
|                    | 1999]{.underline}.    |                        |
|                    | "Indigenous people    |                        |
|                    | have the collective   |                        |
|                    | and individual right  |                        |
|                    | to maintain and       |                        |
|                    | develop their         |                        |
|                    | identities and        |                        |
|                    | specific              |                        |
|                    | characteristics,      |                        |
|                    | including the right   |                        |
|                    | to identify           |                        |
|                    | themselves as         |                        |
|                    | indigenous and to be  |                        |
|                    | recognized as such."  |                        |
|                    |                       |                        |
|                    | [Note]{.underline}:   |                        |
|                    | Several               |                        |
|                    | representatives of    |                        |
|                    | indigenous            |                        |
|                    | populations indicated |                        |
|                    | that it would not be  |                        |
|                    | appropriate for       |                        |
|                    | states to define the  |                        |
|                    | concept of            |                        |
|                    | "indigenous           |                        |
|                    | populations,\" this   |                        |
|                    | being the sole        |                        |
|                    | province of the       |                        |
|                    | communities involved. |                        |
|                    | Self-identification,  |                        |
|                    | as an essential       |                        |
|                    | criterion for the     |                        |
|                    | recognition of an     |                        |
|                    | indigenous people, is |                        |
|                    | not subject to any    |                        |
|                    | obligation. No term   |                        |
|                    | could encompass the   |                        |
|                    | multiplicity and      |                        |
|                    | variety of such       |                        |
|                    | communities existing  |                        |
|                    | in the Hemisphere.    |                        |
|                    | They indicated that   |                        |
|                    | they were neither     |                        |
|                    | ethnic minorities nor |                        |
|                    | racial minorities nor |                        |
|                    | populations (the      |                        |
|                    | latter term referring |                        |
|                    | to communities not    |                        |
|                    | necessarily invested  |                        |
|                    | with historical       |                        |
|                    | continuity). They     |                        |
|                    | defined themselves as |                        |
|                    | peoples, or           |                        |
|                    | collective,           |                        |
|                    | autonomous entities,  |                        |
|                    | with age-old          |                        |
|                    | languages, whose      |                        |
|                    | organization, shaped  |                        |
|                    | by lands, waters,     |                        |
|                    | forests, and other    |                        |
|                    | natural resources,    |                        |
|                    | afforded them a       |                        |
|                    | special cosmovision   |                        |
|                    | and a unique social   |                        |
|                    | structure ensuring    |                        |
|                    | their continuity.     |                        |
|                    |                       |                        |
|                    | The representatives   |                        |
|                    | of indigenous         |                        |
|                    | populations indicated |                        |
|                    | that the progress     |                        |
|                    | made, both at the     |                        |
|                    | level of national law |                        |
|                    | and in the efforts of |                        |
|                    | multilateral          |                        |
|                    | organizations, show   |                        |
|                    | that discussions have |                        |
|                    | focused on the        |                        |
|                    | content of the rights |                        |
|                    | of indigenous         |                        |
|                    | communities rather    |                        |
|                    | than on attempts to   |                        |
|                    | arrive at some sort   |                        |
|                    | of definition. They   |                        |
|                    | said it was important |                        |
|                    | here to preserve      |                        |
|                    | references to their   |                        |
|                    | collective rights,    |                        |
|                    | since their           |                        |
|                    | individual rights     |                        |
|                    | were already          |                        |
|                    | enshrined in numerous |                        |
|                    | instruments of        |                        |
|                    | international law.    |                        |
|                    | They concluded that   |                        |
|                    | the term "people"     |                        |
|                    | should remain in the  |                        |
|                    | draft Declaration,    |                        |
|                    | and that, should it   |                        |
|                    | not, examining the    |                        |
|                    | subsequent articles   |                        |
|                    | would be meaningless. |                        |
|                    |                       |                        |
|                    | Article II.           |                        |
|                    |                       |                        |
|                    | a\) [National         |                        |
|                    | Congress of American  |                        |
|                    | Indians,              |                        |
|                    | 1999]{.underline}.    |                        |
|                    | "Indigenous peoples   |                        |
|                    | have the right to     |                        |
|                    | self-determination.   |                        |
|                    | They may freely       |                        |
|                    | determine their       |                        |
|                    | political status and  |                        |
|                    | pursue their          |                        |
|                    | economic, social, and |                        |
|                    | cultural development  |                        |
|                    | by virtue of this     |                        |
|                    | right."               |                        |
|                    |                       |                        |
|                    | [Note]{.underline}:   |                        |
|                    | The representatives   |                        |
|                    | of indigenous         |                        |
|                    | populations indicated |                        |
|                    | that the terms        |                        |
|                    | "people" and          |                        |
|                    | "self-determination"  |                        |
|                    | could not be          |                        |
|                    | separated, and that   |                        |
|                    | the latter accorded   |                        |
|                    | political status, as  |                        |
|                    | well as economic,     |                        |
|                    | social, and cultural  |                        |
|                    | rights, which the     |                        |
|                    | indigenous            |                        |
|                    | communities could not |                        |
|                    | relinquish, since     |                        |
|                    | these constituted a   |                        |
|                    | historical right that |                        |
|                    | had been wrested from |                        |
|                    | them. They also       |                        |
|                    | stated that           |                        |
|                    | \                     |                        |
|                    | "self-determination\" |                        |
|                    | could not be defined  |                        |
|                    | by those outside the  |                        |
|                    | community in          |                        |
|                    | question, this being  |                        |
|                    | the exclusive         |                        |
|                    | province of that      |                        |
|                    | community.            |                        |
|                    | Self-determination    |                        |
|                    | was a right of        |                        |
|                    | indigenous peoples,   |                        |
|                    | while sovereignty     |                        |
|                    | pertained to the      |                        |
|                    | state. In no way was  |                        |
|                    | self-determination    |                        |
|                    | meant to infringe     |                        |
|                    | upon the territorial  |                        |
|                    | integrity of the      |                        |
|                    | state. The intent     |                        |
|                    | was, rather, to       |                        |
|                    | enhance national      |                        |
|                    | unity, to secure      |                        |
|                    | recognition of the    |                        |
|                    | existence of such     |                        |
|                    | communities, invested |                        |
|                    | with a distinct and   |                        |
|                    | special world vision, |                        |
|                    | within the context of |                        |
|                    | existing states. The  |                        |
|                    | right to secede was   |                        |
|                    | not the aim. Genuine  |                        |
|                    | autonomy must be      |                        |
|                    | built upon a          |                        |
|                    | pluralist foundation, |                        |
|                    | with due recognition  |                        |
|                    | of the indigenous     |                        |
|                    | communities\' own     |                        |
|                    | institutions. Such    |                        |
|                    | autonomy was one way  |                        |
|                    | to exercise           |                        |
|                    | self-determination    |                        |
|                    | within a state.       |                        |
|                    |                       |                        |
|                    | Article III.          |                        |
|                    |                       |                        |
|                    | [Note]{.underline}:   |                        |
|                    | On the concept of     |                        |
|                    | \"territory,\" the    |                        |
|                    | representatives of    |                        |
|                    | indigenous            |                        |
|                    | populations said this |                        |
|                    | was deeply connected  |                        |
|                    | with their            |                        |
|                    | spirituality, their   |                        |
|                    | culture, their        |                        |
|                    | language, their way   |                        |
|                    | of life, and their    |                        |
|                    | relationship with the |                        |
|                    | environment, and thus |                        |
|                    | it was important that |                        |
|                    | the term remain in    |                        |
|                    | the draft             |                        |
|                    | Declaration. Land, in |                        |
|                    | Western culture, was  |                        |
|                    | something to be       |                        |
|                    | worked, a source of   |                        |
|                    | wealth subjugated to  |                        |
|                    | commerce. For the     |                        |
|                    | indigenous peoples,   |                        |
|                    | it was an element of  |                        |
|                    | their very lives, a   |                        |
|                    | factor in their       |                        |
|                    | existence as a group  |                        |
|                    | or community within   |                        |
|                    | an integrated         |                        |
|                    | cosmovision that      |                        |
|                    | included their        |                        |
|                    | traditional           |                        |
|                    | approaches to         |                        |
|                    | political             |                        |
|                    | representation. The   |                        |
|                    | concept of territory  |                        |
|                    | was vital to defining |                        |
|                    | all the rights of     |                        |
|                    | indigenous peoples.   |                        |
|                    | Moreover, the term    |                        |
|                    | \"lands\" could not   |                        |
|                    | sufficiently express  |                        |
|                    | that reality.         |                        |
|                    | However, since the    |                        |
|                    | populations had       |                        |
|                    | developed such a      |                        |
|                    | diverse range of      |                        |
|                    | approaches to         |                        |
|                    | territorial           |                        |
|                    | relations, any        |                        |
|                    | attempt to define the |                        |
|                    | word \"territory\"    |                        |
|                    | would impose          |                        |
|                    | limitations on the    |                        |
|                    | traditional rights of |                        |
|                    | indigenous            |                        |
|                    | communities.          |                        |
|                    |                       |                        |
|                    | Article IV.           |                        |
|                    |                       |                        |
|                    | [Note]{.underline}:   |                        |
|                    | The representatives   |                        |
|                    | of indigenous         |                        |
|                    | populations also      |                        |
|                    | called upon           |                        |
|                    | governments to        |                        |
|                    | include in their      |                        |
|                    | domestic legislation  |                        |
|                    | the three concepts    |                        |
|                    | discussed in this     |                        |
|                    | section, that is,     |                        |
|                    | "peoples,"            |                        |
|                    | "territory," and      |                        |
|                    | "self-determination," |                        |
|                    | recognizing thereby   |                        |
|                    | the diversity of      |                        |
|                    | these communities.    |                        |
+--------------------+-----------------------+------------------------+

+--------------------+-----------------------+------------------------+
| **SECTION TWO.     | **SECTION TWO. HUMAN  | **SECTION TWO. HUMAN   |
| HUMAN RIGHTS**     | RIGHTS**              | RIGHTS**               |
|                    |                       |                        |
| Article II. [Full  | [REPRESENTATIVES OF   | Article II. [Full      |
| observance of      | THE                   | observance of human    |
| human              | STATES]{.underline}:  | rights]{.underline}    |
| r                  |                       |                        |
| ights]{.underline} | Article II. [Full     |                        |
|                    | observance of human   |                        |
|                    | rights]{.underline}   |                        |
|                    |                       |                        |
|                    | [Proposal made by     |                        |
|                    | Mexico]{.underline}:  |                        |
|                    | "Fundamental human    |                        |
|                    | rights of indigenous  |                        |
|                    | peoples."             |                        |
|                    |                       |                        |
|                    | [Proposal made by     |                        |
|                    | Peru]{.underline}:    |                        |
|                    | "Full observance of   |                        |
|                    | "individual and       |                        |
|                    | collective" human     |                        |
|                    | rights."              |                        |
|                    |                       |                        |
|                    | [INDIGENOUS           |                        |
|                    | REPRESEN              |                        |
|                    | TATIVES:]{.underline} |                        |
|                    |                       |                        |
|                    | [Proposal made by     |                        |
|                    | Mirna Cunnigham,      |                        |
|                    | indigenous            |                        |
|                    | representative of     |                        |
|                    | Nicaragua, and        |                        |
|                    | Victoria Wright,      |                        |
|                    | National Congress of  |                        |
|                    | American              |                        |
|                    | Indian]{.underline}:  |                        |
|                    | \"Fundamental human   |                        |
|                    | rights of indigenous  |                        |
|                    | peoples."             |                        |
+--------------------+-----------------------+------------------------+

+--------------------+-----------------------+------------------------+
| 1\. Indigenous     | [REPRESENTATIVES OF   | 1\. Indigenous peoples |
| peoples are        | THE                   | and individuals are    |
| entitled to the    | STATES:]{.underline}  | entitled to the full   |
| full and effective |                       | and effective          |
| enjoyment of the   | 1\. [Text from the    | enjoyment of the human |
| human rights and   | Session held April    | rights and fundamental |
| fundamental        | 2001]{.underline}:    | freedoms recognized in |
| freedoms           | Indigenous peoples    | the OAS Charter, the   |
| recognized in the  | are entitled to the   | American Declaration   |
| OAS Charter, the   | full and effective    | of the Rights and      |
| American           | enjoyment of the      | Duties of Man, the     |
| Declaration of the | human rights and      | American Convention on |
| Rights and Duties  | fundamental freedoms  | Human Rights, when     |
| of Man, the        | recognized in the OAS | applicable, and other  |
| American           | Charter \[, the       | international human    |
| Convention on      | American Declaration  | rights instruments.    |
| Human Rights, and  | of the Rights and     | Nothing in this        |
| other              | Duties of Man, the    | Declaration shall be   |
| international      | American Convention   | construed as in any    |
| human rights       | on Human Rights,\]    | way limiting,          |
| instruments; and   | and other             | restricting, or        |
| nothing in this    | international human   | denying those rights   |
| Declaration shall  | rights instruments;   | or authorizing any     |
| be construed as in | and nothing in this   | action not in          |
| any way limiting,  | Declaration shall be  | accordance with the    |
| restricting, or    | construed as in any   | principles of          |
| denying those      | way limiting,         | international law,     |
| rights or          | restricting, or       | including that which   |
| authorizing any    | denying those rights  | pertains to human      |
| action not in      | or authorizing any    | rights.                |
| accordance with    | action not in         |                        |
| the principles of  | accordance with the   |                        |
| international law  | principles of         |                        |
| including that of  | international law,    |                        |
| human rights.      | including that which  |                        |
|                    | pertains to human     |                        |
|                    | rights. (Chile and    |                        |
|                    | Ecuador agree that    |                        |
|                    | this text should be   |                        |
|                    | left as is; Mexico is |                        |
|                    | in favor of a         |                        |
|                    | reference to the      |                        |
|                    | ILO\'s Convention No. |                        |
|                    | 169)                  |                        |
|                    |                       |                        |
|                    | 1\. [Proposal made by |                        |
|                    | United                |                        |
|                    | States]{.underline}:  |                        |
|                    | "Indigenous           |                        |
|                    | individuals are       |                        |
|                    | entitled to the full  |                        |
|                    | and effective         |                        |
|                    | enjoyment of human    |                        |
|                    | rights and            |                        |
|                    | fundamental freedoms  |                        |
|                    | recognized in the OAS |                        |
|                    | Charter, the American |                        |
|                    | Declaration of the    |                        |
|                    | Rights and Duties of  |                        |
|                    | Man, and, where duly  |                        |
|                    | ratified, other       |                        |
|                    | international human   |                        |
|                    | rights instruments,   |                        |
|                    | including the         |                        |
|                    | American Convention   |                        |
|                    | on Human Rights;      |                        |
|                    | nothing in this       |                        |
|                    | Declaration shall be  |                        |
|                    | construed as in any   |                        |
|                    | way limiting,         |                        |
|                    | restricting, or       |                        |
|                    | denying those rights  |                        |
|                    | or authorizing any    |                        |
|                    | action not in         |                        |
|                    | accordance with the   |                        |
|                    | relevant instruments  |                        |
|                    | of international law, |                        |
|                    | including human       |                        |
|                    | rights law."          |                        |
|                    |                       |                        |
|                    | 1\. [Proposal made by |                        |
|                    | Panama]{.underline}:  |                        |
|                    | "Indigenous peoples   |                        |
|                    | are entitled to the   |                        |
|                    | full and effective    |                        |
|                    | enjoyment of the      |                        |
|                    | human rights and      |                        |
|                    | fundamental freedoms  |                        |
|                    | recognized in the OAS |                        |
|                    | Charter, the American |                        |
|                    | Declaration of the    |                        |
|                    | Rights and Duties of  |                        |
|                    | Man, the American     |                        |
|                    | Convention on Human   |                        |
|                    | Rights, and other     |                        |
|                    | international         |                        |
|                    | instruments, [as well |                        |
|                    | as essential          |                        |
|                    | indigenous            |                        |
|                    | rights]{.underline};  |                        |
|                    | and nothing in this   |                        |
|                    | Declaration shall be  |                        |
|                    | construed as in any   |                        |
|                    | way limiting,         |                        |
|                    | restricting, or       |                        |
|                    | denying those rights  |                        |
|                    | or authorizing any    |                        |
|                    | action not in         |                        |
|                    | accordance with the   |                        |
|                    | principles of         |                        |
|                    | international law,    |                        |
|                    | including that which  |                        |
|                    | pertains to human     |                        |
|                    | rights."              |                        |
|                    |                       |                        |
|                    | [INDIGENOUS           |                        |
|                    | REPRESEN              |                        |
|                    | TATIVES]{.underline}: |                        |
|                    |                       |                        |
|                    | Proposal made by      |                        |
|                    | Mirna Cunningham,     |                        |
|                    | indigenous            |                        |
|                    | representative of     |                        |
|                    | Nicaragua, and        |                        |
|                    | Victoria Wright,      |                        |
|                    | National Congress of  |                        |
|                    | American Indians:     |                        |
|                    | Indigenous            |                        |
|                    | individuals are       |                        |
|                    | entitled to the full  |                        |
|                    | and effective         |                        |
|                    | enjoyment of human    |                        |
|                    | rights and            |                        |
|                    | fundamental freedoms, |                        |
|                    | [and the opportunity  |                        |
|                    | to exercise them      |                        |
|                    | effe                  |                        |
|                    | ctively]{.underline}, |                        |
|                    | recognized in the OAS |                        |
|                    | Charter, the American |                        |
|                    | Declaration of the    |                        |
|                    | Rights and Duties of  |                        |
|                    | Man, the American     |                        |
|                    | Convention on Human   |                        |
|                    | Rights, [the          |                        |
|                    | Convention on         |                        |
|                    | Biological Diversity, |                        |
|                    | the U.N.'s Agenda 21, |                        |
|                    | the Declaration of    |                        |
|                    | Rio de                |                        |
|                    | Janeiro]{.underline}, |                        |
|                    | and other             |                        |
|                    | international human   |                        |
|                    | rights instruments;   |                        |
|                    | and nothing in this   |                        |
|                    | Declaration shall be  |                        |
|                    | construed as in any   |                        |
|                    | way limiting,         |                        |
|                    | restricting, or       |                        |
|                    | denying those rights  |                        |
|                    | or authorizing any    |                        |
|                    | action not in         |                        |
|                    | accordance with       |                        |
|                    | principles of         |                        |
|                    | international law,    |                        |
|                    | including human       |                        |
|                    | rights law.           |                        |
+--------------------+-----------------------+------------------------+

+--------------------+-----------------------+------------------------+
| 2\. Indigenous     | [REPRESENTATIVES OF   | 2\. Indigenous peoples |
| peoples have the   | THE                   | have the collective    |
| collective rights  | STATES:]{.underline}  | rights that are        |
| that are           |                       | indispensable for full |
| indispensable for  | 2\. [Text from the    | enjoyment of the       |
| full enjoyment of  | Session held April    | individual human       |
| the individual     | 2001]{.underline}:    | rights of their        |
| human rights of    | Indigenous peoples    | members. Accordingly,  |
| their members.     | have the collective   | the states recognize   |
| Accordingly, the   | rights that are       | the right of           |
| states recognize   | indispensable for     | indigenous peoples,    |
| *inter alia* the   | full enjoyment of the | *inter alia,* to       |
| right of           | individual human      | collective action; to  |
| indigenous peoples | rights of their       | their social,          |
| to collective      | members. Accordingly, | political, and         |
| action, to their   | the states recognize  | economic organization; |
| cultures, to       | the right of          | to their own cultures; |
| profess and        | indigenous peoples,   | to profess and         |
| practice their     | *inter alia,* to      | practice their         |
| spiritual beliefs, | collective action;    | spiritual beliefs, and |
| and to use their   | (to their social,     | to use their           |
| languages.         | political, and        | languages.             |
|                    | economic              |                        |
|                    | organization;) (to    |                        |
|                    | recognition of their  |                        |
|                    | regulatory systems;)  |                        |
|                    | to their own          |                        |
|                    | cultures; to profess  |                        |
|                    | and practice their    |                        |
|                    | spiritual beliefs,    |                        |
|                    | and to use their      |                        |
|                    | languages.            |                        |
|                    |                       |                        |
|                    | [INDIGENOUS           |                        |
|                    | REPRESEN              |                        |
|                    | TATIVES:]{.underline} |                        |
|                    |                       |                        |
|                    | 2\. [Proposal made by |                        |
|                    | Mirna Cunnigham,      |                        |
|                    | indigenous            |                        |
|                    | representative of     |                        |
|                    | Nicaragua, and        |                        |
|                    | Victoria Wright,      |                        |
|                    | National Congress of  |                        |
|                    | American              |                        |
|                    | Indian]{.underline}:  |                        |
|                    | Indigenous peoples    |                        |
|                    | have the collective   |                        |
|                    | rights that are       |                        |
|                    | indispensable for     |                        |
|                    | their continued       |                        |
|                    | existence,            |                        |
|                    | well-being, and       |                        |
|                    | development as        |                        |
|                    | peoples, and for the  |                        |
|                    | enjoyment of the      |                        |
|                    | individual rights of  |                        |
|                    | their members.        |                        |
|                    | Accordingly, the      |                        |
|                    | states will           |                        |
|                    | recognize, respect,   |                        |
|                    | and protect the       |                        |
|                    | fundamental, civil,   |                        |
|                    | political, economic,  |                        |
|                    | social, spiritual,    |                        |
|                    | and cultural rights   |                        |
|                    | of indigenous peoples |                        |
|                    | and, *inter alia*,    |                        |
|                    | their collective      |                        |
|                    | right to lands,       |                        |
|                    | territories, and      |                        |
|                    | resources, and the    |                        |
|                    | right of indigenous   |                        |
|                    | peoples to            |                        |
|                    | self-determination."  |                        |
+--------------------+-----------------------+------------------------+

+--------------------+-----------------------+------------------------+
| 3\. The states     | [REPRESENTATIVES OF   | 3\. The states shall   |
| shall ensure all   | THE                   | guarantee all          |
| indigenous peoples | STATES:]{.underline}  | indigenous peoples the |
| the full exercise  |                       | full exercise of their |
| of their rights,   | 3\. [Text from the    | rights, and shall      |
| and shall          | Session held April    | adopt such legislative |
| adopt--in          | 2001]{.underline}:    | or other measures as   |
| accordance with    | The states shall      | may be necessary to    |
| their              | guarantee all         | give effect to the     |
| constitutional     | indigenous peoples    | rights recognized in   |
| processes--such    | the full exercise of  | this Declaration. The  |
| legislative or     | their rights, and     | participation of the   |
| other measures as  | shall adopt--in       | indigenous peoples in  |
| may be necessary   | accordance with their | question in the        |
| to give effect to  | constitutional        | adoption of those      |
| the rights         | provisions--such      | measures shall be      |
| recognized in this | legislative or other  | guaranteed.            |
| Declaration.       | measures as may be    |                        |
|                    | necessary to give     |                        |
|                    | effect to the rights  |                        |
|                    | recognized in this    |                        |
|                    | Declaration (, in     |                        |
|                    | accordance with their |                        |
|                    | practices and         |                        |
|                    | customs). (Ecuador,   |                        |
|                    | Colombia, Chile,      |                        |
|                    | Mexico, and Venezuela |                        |
|                    | prefer to keep the    |                        |
|                    | reference to          |                        |
|                    | constitutional        |                        |
|                    | provisions; Canada,   |                        |
|                    | and the United States |                        |
|                    | prefer not to include |                        |
|                    | it.)                  |                        |
|                    |                       |                        |
|                    | 3\. [Proposal made by |                        |
|                    | Panama:]{.underline}  |                        |
|                    | "The states shall     |                        |
|                    | guarantee all         |                        |
|                    | indigenous peoples    |                        |
|                    | the full exercise of  |                        |
|                    | their rights, and     |                        |
|                    | shall adopt--in       |                        |
|                    | accordance with       |                        |
|                    | [their domestic       |                        |
|                    | syste                 |                        |
|                    | ms]{.underline}--such |                        |
|                    | legislative or        |                        |
|                    | [other]{.underline}   |                        |
|                    | measures as may be    |                        |
|                    | necessary to give     |                        |
|                    | effect to the rights  |                        |
|                    | recognized in this    |                        |
|                    | Declaration (, in     |                        |
|                    | accordance with their |                        |
|                    | practices and         |                        |
|                    | customs)."            |                        |
|                    |                       |                        |
|                    | [INDIGENOUS           |                        |
|                    | REPRESEN              |                        |
|                    | TATIVES:]{.underline} |                        |
|                    |                       |                        |
|                    | 3\. [Proposal made by |                        |
|                    | Marcelo Calfuquir,    |                        |
|                    | indigenous            |                        |
|                    | representative of     |                        |
|                    | Chile, Willie         |                        |
|                    | Littlechild,          |                        |
|                    | International         |                        |
|                    | Organization of       |                        |
|                    | Indigenous Resource   |                        |
|                    | Deve                  |                        |
|                    | lopment]{.underline}: |                        |
|                    | "States shall         |                        |
|                    | therefore recognize   |                        |
|                    | the basic social,     |                        |
|                    | economic, political,  |                        |
|                    | and cultural \[[and   |                        |
|                    | spi                   |                        |
|                    | ritual\]]{.underline} |                        |
|                    | rights of indigenous  |                        |
|                    | peoples, and, in      |                        |
|                    | particular, the       |                        |
|                    | collective right to   |                        |
|                    | lands, territories,   |                        |
|                    | and resources, and    |                        |
|                    | the right of          |                        |
|                    | indigenous peoples to |                        |
|                    | self-determination."  |                        |
|                    |                       |                        |
|                    | 3\. [Proposal made by |                        |
|                    | Héctor Huertas,       |                        |
|                    | indigenous            |                        |
|                    | representative of     |                        |
|                    | Panama:]{.underline}  |                        |
|                    | The states shall      |                        |
|                    | guarantee all         |                        |
|                    | indigenous peoples    |                        |
|                    | the full exercise of  |                        |
|                    | their rights, and     |                        |
|                    | shall adopt--in       |                        |
|                    | accordance with their |                        |
|                    | constitutional        |                        |
|                    | provisions--such      |                        |
|                    | legislative or other  |                        |
|                    | measures as may be    |                        |
|                    | necessary to give     |                        |
|                    | effect to the rights  |                        |
|                    | recognized in this    |                        |
|                    | Declaration.          |                        |
|                    |                       |                        |
|                    | 3\. [Proposal made by |                        |
|                    | Mirna Cunnigham,      |                        |
|                    | *indigenous           |                        |
|                    | representative of     |                        |
|                    | Nicaragua*, and       |                        |
|                    | Victoria Wright,      |                        |
|                    | *National Congress of |                        |
|                    | American              |                        |
|                    | Indian*]{.underline}: |                        |
|                    | "The states shall     |                        |
|                    | guarantee indigenous  |                        |
|                    | peoples the full      |                        |
|                    | exercise of all their |                        |
|                    | rights and shall      |                        |
|                    | adopt--with the       |                        |
|                    | participation and     |                        |
|                    | informed consent of   |                        |
|                    | indigenous peoples    |                        |
|                    | and in accordance     |                        |
|                    | with their            |                        |
|                    | constitutional        |                        |
|                    | procedures--such      |                        |
|                    | legislative or other  |                        |
|                    | measures as may be    |                        |
|                    | necessary to give     |                        |
|                    | effect to the rights  |                        |
|                    | recognized in this    |                        |
|                    | Declaration."         |                        |
+--------------------+-----------------------+------------------------+

+--------------------+-----------------------+------------------------+
|                    | [REPRESENTATIVES OF   |                        |
|                    | THE                   |                        |
|                    | STATES:]{.underline}  |                        |
|                    |                       |                        |
|                    | 4\. [New paragraph    |                        |
|                    | from the Session held |                        |
|                    | April                 |                        |
|                    | 2001]{.underline}:    |                        |
|                    | Definition of the     |                        |
|                    | term                  |                        |
|                    | "self-determination"  |                        |
|                    |                       |                        |
|                    | 4\. [Proposal made by |                        |
|                    | Gu                    |                        |
|                    | atemala]{.underline}: |                        |
|                    | "Indigenous peoples,  |                        |
|                    | like all peoples,     |                        |
|                    | have the right of     |                        |
|                    | self-determination,   |                        |
|                    | and are therefore     |                        |
|                    | entitled to freely    |                        |
|                    | determine their       |                        |
|                    | political status and  |                        |
|                    | pursue their          |                        |
|                    | economic, social, and |                        |
|                    | cultural development. |                        |
|                    |                       |                        |
|                    | This right exists     |                        |
|                    | within the states,    |                        |
|                    | and in this           |                        |
|                    | connection agreement  |                        |
|                    | should be reached on  |                        |
|                    | levels of             |                        |
|                    | decentralization and  |                        |
|                    | autonomy that will    |                        |
|                    | ensure their          |                        |
|                    | political, economic,  |                        |
|                    | social, and cultural  |                        |
|                    | development as        |                        |
|                    | peoples.              |                        |
|                    |                       |                        |
|                    | To enable the right   |                        |
|                    | of self-determination |                        |
|                    | of peoples to be      |                        |
|                    | exercised, states     |                        |
|                    | should have a         |                        |
|                    | political and legal   |                        |
|                    | system that provides  |                        |
|                    | for the               |                        |
|                    | establishment, by     |                        |
|                    | agreement, of levels  |                        |
|                    | of decentralization   |                        |
|                    | and autonomy.         |                        |
|                    |                       |                        |
|                    | When necessary,       |                        |
|                    | constitutional,       |                        |
|                    | legal, and            |                        |
|                    | administrative reform |                        |
|                    | should be promoted    |                        |
|                    | within the states to  |                        |
|                    | ensure the effective  |                        |
|                    | exercise of the right |                        |
|                    | of self-determination |                        |
|                    | of peoples."          |                        |
|                    |                       |                        |
|                    | Proposal made by      |                        |
|                    | United States:        |                        |
|                    | "Indigenous peoples   |                        |
|                    | have the internal     |                        |
|                    | right to              |                        |
|                    | self-determination.   |                        |
|                    | By virtue of that     |                        |
|                    | right, they may       |                        |
|                    | negotiate their       |                        |
|                    | political status      |                        |
|                    | within the framework  |                        |
|                    | of the existing       |                        |
|                    | nation-state and are  |                        |
|                    | free to pursue their  |                        |
|                    | economic, social, and |                        |
|                    | cultural development. |                        |
|                    | Indigenous peoples,   |                        |
|                    | in exercising their   |                        |
|                    | right of internal     |                        |
|                    | self-determination,   |                        |
|                    | have the internal     |                        |
|                    | right to autonomy or  |                        |
|                    | self-government in    |                        |
|                    | matters relating to   |                        |
|                    | their local affairs,  |                        |
|                    | including             |                        |
|                    | determination of      |                        |
|                    | membership, culture,  |                        |
|                    | language, religion,   |                        |
|                    | education,            |                        |
|                    | information, media,   |                        |
|                    | health, housing,      |                        |
|                    | employment, social    |                        |
|                    | welfare, maintenance  |                        |
|                    | of community safety,  |                        |
|                    | family relations,     |                        |
|                    | economic activities,  |                        |
|                    | lands and resources   |                        |
|                    | management,           |                        |
|                    | environment, and      |                        |
|                    | entry by nonmembers,  |                        |
|                    | as well as ways and   |                        |
|                    | means of financing    |                        |
|                    | these autonomous      |                        |
|                    | functions."           |                        |
|                    |                       |                        |
|                    | [INDIGENOUS           |                        |
|                    | REPRESEN              |                        |
|                    | TATIVES:]{.underline} |                        |
|                    |                       |                        |
|                    | 4\. [New paragraph    |                        |
|                    | from the Session held |                        |
|                    | April                 |                        |
|                    | 2001]{.underline}:    |                        |
|                    | Definition of the     |                        |
|                    | term                  |                        |
|                    | "self-determination"  |                        |
|                    |                       |                        |
|                    | 4\. [Proposal made by |                        |
|                    | Mirna Cunnigham,      |                        |
|                    | *indigenous           |                        |
|                    | representative of     |                        |
|                    | Nicaragua*, and       |                        |
|                    | Victoria Wright,      |                        |
|                    | *National Congress of |                        |
|                    | American              |                        |
|                    | Indian*]{.underline}: |                        |
|                    | "Indigenous peoples   |                        |
|                    | have the collective   |                        |
|                    | and individual right  |                        |
|                    | to maintain and       |                        |
|                    | develop their         |                        |
|                    | distinct identities   |                        |
|                    | and characteristics,  |                        |
|                    | including the right   |                        |
|                    | to identify           |                        |
|                    | themselves as         |                        |
|                    | indigenous and to be  |                        |
|                    | recognized as such.   |                        |
|                    | Indigenous peoples    |                        |
|                    | have the right to     |                        |
|                    | self-determination.   |                        |
|                    | By virtue of that     |                        |
|                    | right they freely     |                        |
|                    | determine their       |                        |
|                    | political status and  |                        |
|                    | freely pursue their   |                        |
|                    | economic, social,     |                        |
|                    | spiritual, and        |                        |
|                    | cultural              |                        |
|                    | development."         |                        |
+--------------------+-----------------------+------------------------+

+--------------------+-----------------------+------------------------+
| Article III.       | Article III. [Right   | Article III. [Right to |
| [Right to belong   | to belong to          | belong to indigenous   |
| to indigenous      | indigenous            | peoples]{.underline}   |
| pe                 | peoples]{.underline}  |                        |
| oples]{.underline} |                       | Indigenous persons and |
|                    | [REPRESENTATIVES OF   | communities have the   |
| Indigenous persons | THE                   | right to belong to     |
| and communities    | STATES:]{.underline}  | indigenous peoples, in |
| have the right to  |                       | accordance with the    |
| belong to          | Article III. [Right   | traditions and customs |
| indigenous         | to belong to          | of the peoples         |
| peoples, in        | indigenous            | concerned. States      |
| accordance with    | peoples]{.underline}  | shall ensure respect   |
| the traditions and |                       | for the individual or  |
| customs of the     | [Text from the        | collective right to    |
| peoples or nation  | Session held April    | identify oneself as    |
| concerned.         | 2001]{.underline}:    | indigenous, according  |
|                    | Indigenous persons    | to the institutions of |
|                    | and communities have  | each indigenous        |
|                    | the right to belong   | people.                |
|                    | to indigenous         |                        |
|                    | peoples, in           |                        |
|                    | accordance with the   |                        |
|                    | traditions and        |                        |
|                    | customs of the        |                        |
|                    | peoples concerned.    |                        |
|                    |                       |                        |
|                    | [Proposal made by     |                        |
|                    | United                |                        |
|                    | States]{.underline}:  |                        |
|                    | "Indigenous persons   |                        |
|                    | and communities have  |                        |
|                    | the right to belong   |                        |
|                    | to indigenous         |                        |
|                    | peoples, in           |                        |
|                    | accordance with the   |                        |
|                    | traditions and        |                        |
|                    | customs of the        |                        |
|                    | peoples concerned.    |                        |
|                    | [States should        |                        |
|                    | recognize the         |                        |
|                    | authority of          |                        |
|                    | indigenous people to  |                        |
|                    | exercise autonomy in  |                        |
|                    | determining           |                        |
|                    | membership,           |                        |
|                    | consistent with       |                        |
|                    | international human   |                        |
|                    | rights]{.underline}." |                        |
|                    |                       |                        |
|                    | [Proposal made by     |                        |
|                    | C                     |                        |
|                    | olombia]{.underline}: |                        |
|                    | "Indigenous persons   |                        |
|                    | and communities have  |                        |
|                    | the right to belong   |                        |
|                    | to pre-Columbian      |                        |
|                    | indigenous peoples    |                        |
|                    | from which they are   |                        |
|                    | descended, in         |                        |
|                    | accordance with       |                        |
|                    | traditions and        |                        |
|                    | customs."             |                        |
|                    |                       |                        |
|                    | [Proposal made by     |                        |
|                    | Peru:]{.underline}    |                        |
|                    | "States should ensure |                        |
|                    | respect for the       |                        |
|                    | individual or         |                        |
|                    | collective right to   |                        |
|                    | identify oneself as   |                        |
|                    | indigenous, according |                        |
|                    | to the institutions   |                        |
|                    | of each indigenous    |                        |
|                    | people."              |                        |
|                    |                       |                        |
|                    | [Proposal made by     |                        |
|                    | Ecuador]{.underline}: |                        |
|                    | "Indigenous persons   |                        |
|                    | and communities who   |                        |
|                    | define themselves as  |                        |
|                    | nationalities with    |                        |
|                    | ancestral roots have  |                        |
|                    | the right to belong   |                        |
|                    | to indigenous         |                        |
|                    | peoples, in           |                        |
|                    | accordance with the   |                        |
|                    | traditions and        |                        |
|                    | customs of the        |                        |
|                    | peoples concerned."   |                        |
|                    |                       |                        |
|                    | [Proposal made by     |                        |
|                    | Panama]{.underline}:  |                        |
|                    | "Indigenous peoples,  |                        |
|                    | in accordance with    |                        |
|                    | their rules of law    |                        |
|                    | and indigenous        |                        |
|                    | customs, have the     |                        |
|                    | right and authority   |                        |
|                    | to determine their    |                        |
|                    | own membership and,   |                        |
|                    | accordingly, shall    |                        |
|                    | define the membership |                        |
|                    | of individuals and    |                        |
|                    | communities."         |                        |
|                    |                       |                        |
|                    | [INDIGENOUS           |                        |
|                    | REPRESEN              |                        |
|                    | TATIVES:]{.underline} |                        |
|                    |                       |                        |
|                    | [Proposal made by     |                        |
|                    | Mirna Cunnigham,      |                        |
|                    | *indigenous           |                        |
|                    | representative of     |                        |
|                    | Nic                   |                        |
|                    | aragua*:]{.underline} |                        |
|                    | "Indigenous peoples,  |                        |
|                    | in accordance with    |                        |
|                    | their rules of law,   |                        |
|                    | customs, and          |                        |
|                    | traditions, have the  |                        |
|                    | right and authority   |                        |
|                    | to determine their    |                        |
|                    | own membership. "     |                        |
|                    |                       |                        |
|                    | [Proposal made by     |                        |
|                    | Willie Littlechild,   |                        |
|                    | *International        |                        |
|                    | Organization of       |                        |
|                    | Indigenous Resource   |                        |
|                    | Deve                  |                        |
|                    | lopment*]{.underline} |                        |
|                    | [:]{.underline}       |                        |
|                    | "Indigenous peoples   |                        |
|                    | and individuals have  |                        |
|                    | the right to belong   |                        |
|                    | to an indigenous      |                        |
|                    | community or nation,  |                        |
|                    | in accordance with    |                        |
|                    | the traditions and    |                        |
|                    | customs of the        |                        |
|                    | community or nation   |                        |
|                    | concerned. No         |                        |
|                    | disadvantage of any   |                        |
|                    | kind may arise from   |                        |
|                    | the exercise of such  |                        |
|                    | a right."             |                        |
+--------------------+-----------------------+------------------------+

+--------------------+-----------------------+------------------------+
| Article IV. [Legal | Article IV. [Legal    | Article IV. [Legal     |
| s                  | status]{.underline}   | status]{.underline}    |
| tatus]{.underline} |                       |                        |
|                    | [REPRESENTATIVES OF   | States shall provide   |
| Indigenous peoples | THE                   | the necessary          |
| have the right to  | STATES:]{.underline}  | mechanisms to          |
| have their legal   |                       | recognize the legal    |
| status fully       | [Text from the        | status of indigenous   |
| recognized by the  | Session held April    | peoples, enabling such |
| states within      | 2001]{.underline}:    | societies to operate   |
| their systems.     | Indigenous peoples    | corporately, or in     |
|                    | have the right to     | other comparably       |
|                    | have their legal      | effective manners,     |
|                    | status fully          | under state law.       |
|                    | recognized by the     |                        |
|                    | states within the     |                        |
|                    | legal systems of the  |                        |
|                    | states.               |                        |
|                    |                       |                        |
|                    | [Proposal made by     |                        |
|                    | Panama seconded by    |                        |
|                    | Gu                    |                        |
|                    | atemala]{.underline}: |                        |
|                    | "States shall         |                        |
|                    | recognize the legal   |                        |
|                    | status of indigenous  |                        |
|                    | peoples, respecting   |                        |
|                    | their forms of        |                        |
|                    | organization,         |                        |
|                    | decision-making       |                        |
|                    | institutions,         |                        |
|                    | traditional           |                        |
|                    | authorities, and      |                        |
|                    | forms of              |                        |
|                    | self-government, in   |                        |
|                    | accordance with the   |                        |
|                    | administration of     |                        |
|                    | justice in the        |                        |
|                    | framework of          |                        |
|                    | indigenous law."      |                        |
|                    |                       |                        |
|                    | [Proposal made by     |                        |
|                    | Ve                    |                        |
|                    | nezuela]{.underline}: |                        |
|                    | "States shall         |                        |
|                    | recognize the         |                        |
|                    | existence of          |                        |
|                    | indigenous peoples    |                        |
|                    | and communities,      |                        |
|                    | their social,         |                        |
|                    | political, and        |                        |
|                    | economic              |                        |
|                    | organization, and     |                        |
|                    | their cultures,       |                        |
|                    | practices, customs,   |                        |
|                    | languages, and        |                        |
|                    | religions, in         |                        |
|                    | accordance with the   |                        |
|                    | particular law of     |                        |
|                    | each state."          |                        |
|                    |                       |                        |
|                    | [Proposal made by     |                        |
|                    | United                |                        |
|                    | States:]{.underline}  |                        |
|                    | "States should        |                        |
|                    | provide the necessary |                        |
|                    | mechanisms to         |                        |
|                    | recognize the legal   |                        |
|                    | status of indigenous  |                        |
|                    | peoples, enabling     |                        |
|                    | such societies to     |                        |
|                    | operate corporately,  |                        |
|                    | or in other           |                        |
|                    | comparably effective  |                        |
|                    | manners, under state  |                        |
|                    | law."                 |                        |
|                    |                       |                        |
|                    | [Chile and Argentina  |                        |
|                    | endorsed a 1999       |                        |
|                    | proposal made by      |                        |
|                    | Brazil, Chile, and    |                        |
|                    | Ar                    |                        |
|                    | gentina:]{.underline} |                        |
|                    | "Subject to the       |                        |
|                    | specific provisions   |                        |
|                    | of each country's     |                        |
|                    | law, states shall     |                        |
|                    | ensure that legal     |                        |
|                    | status is granted to  |                        |
|                    | indigenous peoples,   |                        |
|                    | communities, and      |                        |
|                    | organizations."       |                        |
+--------------------+-----------------------+------------------------+

+--------------------+-----------------------+------------------------+
| Article V.         | [REPRESENTATIVES OF   | Article V. [Rejection  |
| [Rejection of      | THE                   | of                     |
| forced             | STATES:]{.underline}  | ass                    |
| assimil            |                       | imilation]{.underline} |
| ation]{.underline} | [Proposal made by     |                        |
|                    | Mexico, Chile, U.S.,  |                        |
|                    | Colombia, and         |                        |
|                    | Ecuador:]{.underline} |                        |
|                    | Rejection of forced   |                        |
|                    | or involuntary        |                        |
|                    | assimilation.         |                        |
+--------------------+-----------------------+------------------------+

+--------------------+-----------------------+------------------------+
| 1\. Indigenous     | [REPRESENTATIVES OF   | 1\. Indigenous peoples |
| peoples shall have | THE                   | have the right to      |
| the right to       | STATES:]{.underline}  | freely maintain,       |
| freely preserve,   |                       | express, and develop   |
| express and        | 1\. [Text from the    | all aspects of their   |
| develop all        | Session held April    | cultural identity,     |
| aspects of their   | 2001]{.underline}:    | untrammeled by any     |
| cultural identity, | "Indigenous peoples   | external attempt at    |
| untrammeled by any | have the right to     | assimilation.          |
| attempt at         | freely maintain,      |                        |
| assimilation.      | express, and develop  |                        |
|                    | all aspects of their  |                        |
|                    | cultural identity,    |                        |
|                    | untrammeled by any    |                        |
|                    | attempt at            |                        |
|                    | assimilation.         |                        |
|                    |                       |                        |
|                    | 1\. [Proposal made by |                        |
|                    | Chile, seconded by    |                        |
|                    | C                     |                        |
|                    | olombia]{.underline}: |                        |
|                    | "Indigenous peoples   |                        |
|                    | have the right to     |                        |
|                    | freely maintain,      |                        |
|                    | express, and develop  |                        |
|                    | all aspects of their  |                        |
|                    | cultural identity."   |                        |
|                    |                       |                        |
|                    | [Proposal made by     |                        |
|                    | United                |                        |
|                    | States]{.underline}:  |                        |
|                    | "Indigenous peoples   |                        |
|                    | have the right to     |                        |
|                    | freely maintain,      |                        |
|                    | express, and develop  |                        |
|                    | all aspects of their  |                        |
|                    | cultural identity."   |                        |
|                    |                       |                        |
|                    | [INDIGENOUS           |                        |
|                    | REPRESEN              |                        |
|                    | TATIVES:]{.underline} |                        |
|                    |                       |                        |
|                    | 1\. [Proposal made by |                        |
|                    | Willie Littlechild,   |                        |
|                    | *International        |                        |
|                    | Organization of       |                        |
|                    | Indigenous Resource   |                        |
|                    | Deve                  |                        |
|                    | lopment*]{.underline} |                        |
|                    | : "The states shall   |                        |
|                    | not take any action   |                        |
|                    | which forces          |                        |
|                    | indigenous peoples to |                        |
|                    | assimilate and shall  |                        |
|                    | not endorse any       |                        |
|                    | theory, or engage in  |                        |
|                    | any practice, that    |                        |
|                    | imports               |                        |
|                    | discrimination,       |                        |
|                    | destruction of a      |                        |
|                    | culture or the        |                        |
|                    | possibility of the    |                        |
|                    | extermination or      |                        |
|                    | limits the membership |                        |
|                    | of peoples            |                        |
|                    | concerned."           |                        |
|                    |                       |                        |
|                    | 1\. [Proposal made by |                        |
|                    | Mirna Cunnigham,      |                        |
|                    | indigenous            |                        |
|                    | representative of     |                        |
|                    | Ni                    |                        |
|                    | caragua]{.underline}: |                        |
|                    | "Indigenous peoples   |                        |
|                    | have the collective   |                        |
|                    | and individual right  |                        |
|                    | to maintain and       |                        |
|                    | develop their         |                        |
|                    | distinct identities   |                        |
|                    | and characteristics,  |                        |
|                    | including the right   |                        |
|                    | to identify           |                        |
|                    | themselves as         |                        |
|                    | indigenous and to be  |                        |
|                    | recognized as such."  |                        |
+--------------------+-----------------------+------------------------+

+--------------------+-----------------------+------------------------+
| 2\. The states     | [REPRESENTATIVES OF   | 2\. The states shall   |
| shall not          | THE                   | not adopt any policy   |
| undertake, support | STATES:]{.underline}  | for the assimilation   |
| or favor any       |                       | of indigenous peoples  |
| policy of          | 2\. [Text from the    | or the destruction of  |
| artificial or      | Session held April    | their cultures.        |
| forced             | 2001]{.underline}:    |                        |
| assimilation of    | The states (shall not |                        |
| indigenous         | undertake, support,   |                        |
| peoples,           | or favor) (should not |                        |
| destruction of a   | adopt, support, or    |                        |
| culture or         | favor) any policy     |                        |
| possibly of the    | involving the         |                        |
| extermination of   | artificial or forced  |                        |
| an indigenous      | assimilation of an    |                        |
| people.            | indigenous people,    |                        |
|                    | the destruction of    |                        |
|                    | (its) (a) culture, or |                        |
|                    | any possibility of    |                        |
|                    | the extermination of  |                        |
|                    | an indigenous people  |                        |
|                    | (and its heritage).   |                        |
|                    |                       |                        |
|                    | 2\. [Proposal made by |                        |
|                    | Canada:]{.underline}  |                        |
|                    | "The states shall not |                        |
|                    | undertake, support,   |                        |
|                    | or favor any policy   |                        |
|                    | [with the intended    |                        |
|                    | effect                |                        |
|                    | of]{.underline}       |                        |
|                    | \[artificial or\]     |                        |
|                    | enforced assimilation |                        |
|                    | of indigenous peoples |                        |
|                    | \[, destruction of a  |                        |
|                    | culture, or the       |                        |
|                    | possibility of the    |                        |
|                    | extermination of any  |                        |
|                    | indigenous peoples.\] |                        |
|                    | (Canada). The         |                        |
|                    | delegation of Canada  |                        |
|                    | proposes that a       |                        |
|                    | separate article be   |                        |
|                    | incorporated in the   |                        |
|                    | text to deal with the |                        |
|                    | issue of genocide.    |                        |
|                    | The following         |                        |
|                    | language is proposed: |                        |
|                    | "Indigenous peoples   |                        |
|                    | have the right not to |                        |
|                    | be subjected to any   |                        |
|                    | section of genocide   |                        |
|                    | as defined at         |                        |
|                    | international law."   |                        |
|                    |                       |                        |
|                    | 2\. [Proposal made by |                        |
|                    | United                |                        |
|                    | States:]{.underline}  |                        |
|                    | "The states shall not |                        |
|                    | support or pursue any |                        |
|                    | policy of involuntary |                        |
|                    | assimilation of       |                        |
|                    | indigenous peoples,   |                        |
|                    | destruction of their  |                        |
|                    | cultures, or their    |                        |
|                    | eradication as        |                        |
|                    | distinct entities."   |                        |
|                    |                       |                        |
|                    | 2\. [Proposal made by |                        |
|                    | Panama:]{.underline}  |                        |
|                    | "States shall not     |                        |
|                    | adopt, support, or    |                        |
|                    | favor any policy of   |                        |
|                    | assimilation that     |                        |
|                    | could lead to the     |                        |
|                    | destruction of an     |                        |
|                    | indigenous people."   |                        |
|                    |                       |                        |
|                    | 2\. [Proposal made by |                        |
|                    | Brazil:]{.underline}  |                        |
|                    | "States shall refrain |                        |
|                    | from adopting any     |                        |
|                    | measure that would    |                        |
|                    | result in the forced  |                        |
|                    | assimilation of       |                        |
|                    | indigenous peoples    |                        |
|                    | and from supporting   |                        |
|                    | theories or taking    |                        |
|                    | actions that entail   |                        |
|                    | discrimination,       |                        |
|                    | destruction of a      |                        |
|                    | culture, or the       |                        |
|                    | possibility of        |                        |
|                    | genocide."            |                        |
|                    |                       |                        |
|                    | 2\. [Colombia and     |                        |
|                    | Chile endorsed a 1999 |                        |
|                    | proposal made by      |                        |
|                    | P                     |                        |
|                    | araguay]{.underline}: |                        |
|                    | "States repudiate any |                        |
|                    | attempt at artificial |                        |
|                    | or forced             |                        |
|                    | assimilation or the   |                        |
|                    | destruction of an     |                        |
|                    | indigenous culture,   |                        |
|                    | and shall guarantee   |                        |
|                    | the effective         |                        |
|                    | exercise of this      |                        |
|                    | right."               |                        |
|                    |                       |                        |
|                    | 2\. [Proposal made by |                        |
|                    | Ve                    |                        |
|                    | nezuela:]{.underline} |                        |
|                    | "States, together     |                        |
|                    | with all of society,  |                        |
|                    | will deal with any    |                        |
|                    | outside attempt that  |                        |
|                    | could possibly lead   |                        |
|                    | to involuntary        |                        |
|                    | assimilation or to    |                        |
|                    | the extermination of  |                        |
|                    | indigenous cultures." |                        |
|                    |                       |                        |
|                    | [INDIGENOUS           |                        |
|                    | REPRESEN              |                        |
|                    | TATIVES:]{.underline} |                        |
|                    |                       |                        |
|                    | 2\. [Proposal made by |                        |
|                    | Mirna Cunnigham,      |                        |
|                    | indigenous            |                        |
|                    | representative of     |                        |
|                    | Ni                    |                        |
|                    | caragua:]{.underline} |                        |
|                    | "Consequently, they   |                        |
|                    | have, *inter alia*,   |                        |
|                    | the collective and    |                        |
|                    | individual right not  |                        |
|                    | to be subjected to    |                        |
|                    | cultural ethnocide or |                        |
|                    | genocide, including   |                        |
|                    | the prevention of and |                        |
|                    | reparations for:      |                        |
|                    |                       |                        |
|                    | a.  Any act that has  |                        |
|                    |     the effect or     |                        |
|                    |     intended effect   |                        |
|                    |     of taking from    |                        |
|                    |     them their        |                        |
|                    |     wholeness as      |                        |
|                    |     distinctive       |                        |
|                    |     peoples, their    |                        |
|                    |     cultural values,  |                        |
|                    |     or their ethnic   |                        |
|                    |     identity;         |                        |
|                    |                       |                        |
|                    | b.  Any act that has  |                        |
|                    |     the effect or     |                        |
|                    |     intended effect   |                        |
|                    |     of taking from    |                        |
|                    |     them their lands, |                        |
|                    |     territories, or   |                        |
|                    |     natural           |                        |
|                    |     resources;        |                        |
|                    |                       |                        |
|                    | c.  Any form of       |                        |
|                    |     displacement that |                        |
|                    |     has the effect or |                        |
|                    |     intended effect   |                        |
|                    |     of violating any  |                        |
|                    |     of their rights;  |                        |
|                    |                       |                        |
|                    | d.  Any form of       |                        |
|                    |     assimilation or   |                        |
|                    |     integration into  |                        |
|                    |     other cultures or |                        |
|                    |     ways of life      |                        |
|                    |     imposed upon them |                        |
|                    |     by legislative,   |                        |
|                    |     administrative,   |                        |
|                    |     or other          |                        |
|                    |     measures;         |                        |
|                    |                       |                        |
|                    | e\. Any form of       |                        |
|                    | propaganda directed   |                        |
|                    | against them".        |                        |
+--------------------+-----------------------+------------------------+

  --------------------- ----------------------- -------------------------
                                                3\. Indigenous peoples
                                                have the right not to be
                                                subjected to any form of
                                                genocide or attempted
                                                extermination.

  --------------------- ----------------------- -------------------------

+--------------------+-----------------------+------------------------+
| Article VI.        | [REPRESENTATIVES OF   | Article VI. [Special   |
| [Special           | THE                   | guarantees against     |
| guarantees against | STATES:]{.underline}  | discrimination,        |
| discrimin          |                       | xenophobia, and        |
| ation]{.underline} | Article VI. [Special  | racism]{.underline}    |
|                    | guarantees against    |                        |
|                    | discri                |                        |
|                    | mination]{.underline} |                        |
|                    |                       |                        |
|                    | [INDIGENOUS           |                        |
|                    | REPRESEN              |                        |
|                    | TATIVES:]{.underline} |                        |
|                    |                       |                        |
|                    | [Proposal made by     |                        |
|                    | Mirna Cunnigham,      |                        |
|                    | *indigenous           |                        |
|                    | representative of     |                        |
|                    | Nic                   |                        |
|                    | aragua*]{.underline}: |                        |
|                    | "Special measures     |                        |
|                    | against               |                        |
|                    | discrimination."      |                        |
|                    |                       |                        |
|                    | [Proposal made by     |                        |
|                    | Serafín Thaayrohyadí  |                        |
|                    | Bermúdez, indigenous  |                        |
|                    | representative of     |                        |
|                    | Mexico]{.underline}:  |                        |
|                    | "Special guarantees   |                        |
|                    | against               |                        |
|                    | discrimination,       |                        |
|                    | xenophobia, and       |                        |
|                    | racism."              |                        |
+--------------------+-----------------------+------------------------+

+--------------------+-----------------------+------------------------+
| 1\. Indigenous     | [REPRESENTATIVES OF   | 1\. Indigenous peoples |
| peoples have the   | THE                   | have the right to      |
| right to such      | STATES:]{.underline}  | protection from        |
| special guarantees |                       | discrimination.        |
| against            | 1\. [Text from the    | Accordingly, states    |
| discrimination as  | Session held April    | shall adopt such       |
| may be required    | 2001]{.underline}:    | special measures       |
| for full enjoyment | Indigenous peoples    | against discrimination |
| of internationally | have the right to     | as may be required for |
| and nationally     | such (special         | full enjoyment of      |
| recognized human   | guarantees) (avail    | internationally and    |
| rights, and as to  | themselves of the     | nationally recognized  |
| any measures       | guarantees provided   | human rights and all   |
| necessary to       | under domestic law)   | measures necessary to  |
| enable indigenous  | against               | enable indigenous      |
| women, men and     | discrimination as may | women, men, and        |
| children to        | be required for full  | children to exercise   |
| exercise their,    | enjoyment of          | their civil,           |
| civil, political,  | internationally and   | political, economic,   |
| economic, social,  | nationally recognized | social, cultural, and  |
| cultural and       | human rights, and any | spiritual rights.      |
| spiritual rights   | measures necessary to |                        |
| without any        | enable indigenous     |                        |
| discrimination.    | women, men, and       |                        |
| The states         | children to exercise  |                        |
| recognize that     | their civil,          |                        |
| violence used      | political, economic,  |                        |
| against persons    | social, cultural, and |                        |
| because of their   | (religious)           |                        |
| gender and age     | (spiritual) rights    |                        |
| obstructs and      | (and their world      |                        |
| nullifies the      | views) (without       |                        |
| exercise of those  | discrimination). The  |                        |
| rights.            | states recognize that |                        |
|                    | violence against      |                        |
|                    | persons because of    |                        |
|                    | their (race, creed)   |                        |
|                    | gender or age (or     |                        |
|                    | political or          |                        |
|                    | religious             |                        |
|                    | affiliation)          |                        |
|                    | obstructs and         |                        |
|                    | nullifies the         |                        |
|                    | exercise of those     |                        |
|                    | rights.               |                        |
|                    |                       |                        |
|                    | 1\. [Proposal made by |                        |
|                    | United                |                        |
|                    | States:]{.underline}  |                        |
|                    | "Where circumstances  |                        |
|                    | warrant, States       |                        |
|                    | should take measures  |                        |
|                    | to enable indigenous  |                        |
|                    | individuals to        |                        |
|                    | exercise fully and    |                        |
|                    | effectively all their |                        |
|                    | human rights and      |                        |
|                    | fundamental freedoms  |                        |
|                    | without any           |                        |
|                    | discrimination.       |                        |
|                    | States are encouraged |                        |
|                    | to take "special      |                        |
|                    | measures" aimed at    |                        |
|                    | the immediate,        |                        |
|                    | effective, and        |                        |
|                    | continuing            |                        |
|                    | improvement of        |                        |
|                    | indigenous economic   |                        |
|                    | and social            |                        |
|                    | conditions. "         |                        |
|                    |                       |                        |
|                    | 1\. [Proposal made by |                        |
|                    | Canada:]{.underline}  |                        |
|                    | "Indigenous peoples   |                        |
|                    | have the right to     |                        |
|                    | protection from       |                        |
|                    | discrimination.       |                        |
|                    | States are encouraged |                        |
|                    | to take special       |                        |
|                    | measures against      |                        |
|                    | discrimination as may |                        |
|                    | be required for full  |                        |
|                    | enjoyment of          |                        |
|                    | internationally and   |                        |
|                    | nationally recognized |                        |
|                    | human rights and to   |                        |
|                    | take any measures     |                        |
|                    | necessary to enable   |                        |
|                    | indigenous women,     |                        |
|                    | men, and children to  |                        |
|                    | exercise their civil, |                        |
|                    | political, economic,  |                        |
|                    | social, cultural, and |                        |
|                    | spiritual rights. "   |                        |
+--------------------+-----------------------+------------------------+

+--------------------+-----------------------+------------------------+
| Indigenous peoples | [REPRESENTATIVES OF   | 2\. Indigenous peoples |
| have the right to  | THE                   | have the right to      |
| full participation | STATES:]{.underline}  | participate in the     |
| in the             |                       | prescription of such   |
| prescription of    | 2\. [Text from the    | guarantees.            |
| such guarantees.   | Session held April    |                        |
|                    | 2001]{.underline}:    |                        |
|                    | Indigenous peoples    |                        |
|                    | have the right to     |                        |
|                    | full participation in |                        |
|                    | the prescription (and |                        |
|                    | exercise) of such     |                        |
|                    | guarantees.           |                        |
|                    |                       |                        |
|                    | 2\. [Proposal made by |                        |
|                    | United                |                        |
|                    | States:]{.underline}  |                        |
|                    | "All rights and       |                        |
|                    | freedoms herein are   |                        |
|                    | equally guaranteed to |                        |
|                    | indigenous women and  |                        |
|                    | men. States recognize |                        |
|                    | that gender-based     |                        |
|                    | violence impedes and  |                        |
|                    | undermines the        |                        |
|                    | exercise of those     |                        |
|                    | rights. "             |                        |
|                    |                       |                        |
|                    | 2\. [Proposal made by |                        |
|                    | Canada:]{.underline}  |                        |
|                    | "Indigenous peoples   |                        |
|                    | shall be consulted in |                        |
|                    | the prescription of   |                        |
|                    | such protection."     |                        |
|                    |                       |                        |
|                    | [INDIGENOUS           |                        |
|                    | REPRESEN              |                        |
|                    | TATIVES:]{.underline} |                        |
|                    |                       |                        |
|                    | 2\. [Proposal made by |                        |
|                    | Mirna Cunnigham,      |                        |
|                    | indigenous            |                        |
|                    | representative of     |                        |
|                    | Ni                    |                        |
|                    | caragua:]{.underline} |                        |
|                    |                       |                        |
|                    | "States shall take    |                        |
|                    | measures, including   |                        |
|                    | the imposition of     |                        |
|                    | civil and criminal    |                        |
|                    | penalties, to ensure  |                        |
|                    | that indigenous       |                        |
|                    | peoples are not       |                        |
|                    | subjected to acts of  |                        |
|                    | discrimination.       |                        |
|                    |                       |                        |
|                    | "Indigenous peoples,  |                        |
|                    | so that they may      |                        |
|                    | fully enjoy their     |                        |
|                    | nationally and        |                        |
|                    | internationally       |                        |
|                    | recognized human      |                        |
|                    | rights, have the      |                        |
|                    | right to special      |                        |
|                    | measures that may     |                        |
|                    | have to be taken      |                        |
|                    | against               |                        |
|                    | discrimination.       |                        |
|                    |                       |                        |
|                    | Special attention     |                        |
|                    | will be paid to       |                        |
|                    | discrimination        |                        |
|                    | against indigenous    |                        |
|                    | women and girls.      |                        |
|                    |                       |                        |
|                    | Indigenous peoples    |                        |
|                    | have the right to     |                        |
|                    | participate fully in, |                        |
|                    | and give their        |                        |
|                    | consent for, the      |                        |
|                    | design and            |                        |
|                    | implementation of     |                        |
|                    | such special          |                        |
|                    | measures."            |                        |
+--------------------+-----------------------+------------------------+

  --------------------- ----------------------- -------------------------
                                                3\. All rights and
                                                freedoms herein are
                                                equally guaranteed to
                                                indigenous women and men.
                                                States recognize that
                                                violence based on gender
                                                or age impedes and
                                                undermines the exercise
                                                of those rights.

  --------------------- ----------------------- -------------------------

+--------------------+-----------------------+------------------------+
| **SECTION THREE.   | **SECTION THREE.      | **SECTION THREE.       |
| CULTURAL           | CULTURAL              | CULTURAL DEVELOPMENT** |
| DEVELOPMENT**      | DEVELOPMENT**         |                        |
|                    |                       | Article VII. [Right to |
| Article VII.       | Article VII. [Right   | cultural               |
| [Right to cultural | to Cultural           | integrity]{.underline} |
| inte               | i                     |                        |
| grity]{.underline} | ntegrity]{.underline} | 1\. Indigenous peoples |
|                    |                       | have the right to      |
| 1\. Indigenous     | [REPRESENTATIVES OF   | their cultural         |
| peoples have the   | THE                   | integrity and their    |
| right to their     | STATES:]{.underline}  | historical and         |
| cultural integrity |                       | archeological          |
| and their          | 1\. [From the April   | heritage, which are    |
| historical and     | 2001                  | important both for     |
| archeological      | meeting]{.underline}. | their continuity as a  |
| heritage, which    | Indigenous peoples    | society and for the    |
| are important both | have the right to     | identity of their      |
| for their survival | their cultural        | members and of the     |
| and for the        | integrity\[ and the   | states to which they   |
| identity of their  | integrity of their    | belong.                |
| members.           | historical and        |                        |
|                    | archeological         |                        |
|                    | heritage\], which is  |                        |
|                    | important both to     |                        |
|                    | their (continuity as  |                        |
|                    | a society) (survival) |                        |
|                    | and to the identity   |                        |
|                    | of their members.     |                        |
|                    |                       |                        |
|                    | 1.  [Proposal by      |                        |
|                    |                       |                        |
|                    |  Canada]{.underline}. |                        |
|                    |     "Indigenous       |                        |
|                    |     peoples have the  |                        |
|                    |     right to pursue   |                        |
|                    |     their cultural    |                        |
|                    |     development and   |                        |
|                    |     the right to      |                        |
|                    |     enjoy their       |                        |
|                    |     culture, which    |                        |
|                    |     are important     |                        |
|                    |     both for their    |                        |
|                    |     survival and for  |                        |
|                    |     the identity of   |                        |
|                    |     their members."   |                        |
|                    |                       |                        |
|                    | 1\. [Proposal by      |                        |
|                    | Chile:]{.underline}   |                        |
|                    | "Indigenous peoples   |                        |
|                    | have the right to     |                        |
|                    | preserve their        |                        |
|                    | culture and their     |                        |
|                    | historic,             |                        |
|                    | archaeological, and   |                        |
|                    | [archi                |                        |
|                    | tectural]{.underline} |                        |
|                    | heritage, which are   |                        |
|                    | important for their   |                        |
|                    | survival, for the     |                        |
|                    | identity of their     |                        |
|                    | members, and [for the |                        |
|                    | enrichment of their   |                        |
|                    | own                   |                        |
|                    | states]{.underline}." |                        |
|                    |                       |                        |
|                    | 1\. [Proposal by      |                        |
|                    | Panama:]{.underline}  |                        |
|                    | "Indigenous peoples   |                        |
|                    | have the right to     |                        |
|                    | their cultural        |                        |
|                    | identity, which is    |                        |
|                    | intimately linked to  |                        |
|                    | their world view,     |                        |
|                    | ancestral wisdom, and |                        |
|                    | spiritual             |                        |
|                    | relationship with     |                        |
|                    | nature, for survival  |                        |
|                    | and future            |                        |
|                    | continuity."          |                        |
|                    |                       |                        |
|                    | 1\. [Proposal by      |                        |
|                    | C                     |                        |
|                    | olombia:]{.underline} |                        |
|                    | "Indigenous peoples   |                        |
|                    | have the right to     |                        |
|                    | maintain or develop   |                        |
|                    | their cultural        |                        |
|                    | integrity, which is   |                        |
|                    | important to their    |                        |
|                    | survival and the      |                        |
|                    | identity of their     |                        |
|                    | members."             |                        |
|                    |                       |                        |
|                    | [INDIGENOUS           |                        |
|                    | REPRESEN              |                        |
|                    | TATIVES:]{.underline} |                        |
|                    |                       |                        |
|                    | 2.  [Proposal by      |                        |
|                    |     Tarcila Rivera,   |                        |
|                    |     *indigenous       |                        |
|                    |     representative of |                        |
|                    |                       |                        |
|                    |   Peru*:]{.underline} |                        |
|                    |     "Indigenous       |                        |
|                    |     peoples have the  |                        |
|                    |     right to their    |                        |
|                    |     cultural          |                        |
|                    |     integrity, their  |                        |
|                    |     living heritage,  |                        |
|                    |     and their         |                        |
|                    |     ceremonial        |                        |
|                    |     centers, which    |                        |
|                    |     are important to  |                        |
|                    |     their continuity  |                        |
|                    |     and the identity  |                        |
|                    |     and dignity of    |                        |
|                    |     their members."   |                        |
|                    |                       |                        |
|                    | 1\. [Proposal by      |                        |
|                    | Paulo Celso Oliveira  |                        |
|                    | *indigenous           |                        |
|                    | representative of     |                        |
|                    | Brazil*:]{.underline} |                        |
|                    | "Indigenous peoples   |                        |
|                    | have the right to     |                        |
|                    | their cultural        |                        |
|                    | identity and their    |                        |
|                    | historic and          |                        |
|                    | archaeological        |                        |
|                    | heritage."            |                        |
|                    |                       |                        |
|                    | [Note]{.underline}:   |                        |
|                    | The proposals made by |                        |
|                    | Paulo Celso Oliveira  |                        |
|                    | were presented by a   |                        |
|                    | group of organization |                        |
|                    | made up of: the       |                        |
|                    | National Congress of  |                        |
|                    | American Indians,     |                        |
|                    | Indian Law Resource   |                        |
|                    | Center, the           |                        |
|                    | Amerindian Peoples    |                        |
|                    | Association, the      |                        |
|                    | Carib Council of      |                        |
|                    | Dominica, the         |                        |
|                    | International         |                        |
|                    | Organization of       |                        |
|                    | Indigenous Resources  |                        |
|                    | Development, the      |                        |
|                    | Metis Nation (Canada) |                        |
|                    | represented by Metis  |                        |
|                    | National Council, and |                        |
|                    | Brooklyn Rivera,      |                        |
|                    | Principal Leader of   |                        |
|                    | YATAMA. See Working   |                        |
|                    | Group document        |                        |
|                    | GT/DADIN/doc.23/01    |                        |
|                    | add. 2.               |                        |
+--------------------+-----------------------+------------------------+

+--------------------+-----------------------+------------------------+
| 2\. Indigenous     | [REPRESENTATIVES OF   | 2\. Indigenous peoples |
| peoples are        | THE                   | are entitled to the    |
| entitled to the    | STATES:]{.underline}  | restitution of         |
| restitution of     |                       | property that is a     |
| property of which  | 2\. [From the April   | part of that heritage  |
| they have been     | 2001                  | and of which they have |
| dispossessed, and  | meeting:]{.underline} | been dispossessed, or, |
| when that is not   | Indigenous peoples    | when that is not       |
| possible, to       | are entitled to the   | possible, to fair      |
| compensation on a  | restitution of        | compensation.          |
| basis no less      | property that is a    |                        |
| favorable than the | part of that heritage |                        |
| standard           | and of which they     |                        |
| recognized by      | have been             |                        |
| international law. | dispossessed \[or,    |                        |
|                    | when that is not      |                        |
|                    | possible, to          |                        |
|                    | compensation on a     |                        |
|                    | basis no less         |                        |
|                    | favorable than the    |                        |
|                    | standard recognized   |                        |
|                    | by international      |                        |
|                    | law.\]                |                        |
|                    |                       |                        |
|                    | 2\. [Proposal by      |                        |
|                    | Ve                    |                        |
|                    | nezuela]{.underline}. |                        |
|                    | Venezuela prefers     |                        |
|                    | that it remain as is. |                        |
|                    |                       |                        |
|                    | 2\. [Proposal by      |                        |
|                    | Canada]{.underline}   |                        |
|                    | "States shall make    |                        |
|                    | best efforts to       |                        |
|                    | facilitate, in        |                        |
|                    | accordance with       |                        |
|                    | international and     |                        |
|                    | domestic law, the     |                        |
|                    | return to indigenous  |                        |
|                    | peoples of any of     |                        |
|                    | their cultural        |                        |
|                    | property of which     |                        |
|                    | historically they     |                        |
|                    | have been wrongfully  |                        |
|                    | dispossessed. \[Where |                        |
|                    | this is not possible, |                        |
|                    | indigenous peoples    |                        |
|                    | are entitled to       |                        |
|                    | compensation on a     |                        |
|                    | basis no less         |                        |
|                    | favorable than the    |                        |
|                    | standard recognized   |                        |
|                    | by international      |                        |
|                    | law.\] Indigenous     |                        |
|                    | peoples have the      |                        |
|                    | right of access to    |                        |
|                    | legal procedures for  |                        |
|                    | the return of their   |                        |
|                    | cultural property     |                        |
|                    | which is taken from   |                        |
|                    | them in violation of  |                        |
|                    | the law."             |                        |
|                    |                       |                        |
|                    | 2\. [Proposal by      |                        |
|                    | Brazil, seconded by   |                        |
|                    | Ar                    |                        |
|                    | gentina:]{.underline} |                        |
|                    | "Indigenous peoples   |                        |
|                    | are entitled to the   |                        |
|                    | restitution of        |                        |
|                    | property that is a    |                        |
|                    | part of that heritage |                        |
|                    | and of which they     |                        |
|                    | have been             |                        |
|                    | dispossessed, or,     |                        |
|                    | when that is not      |                        |
|                    | possible, to          |                        |
|                    | compensation."        |                        |
|                    |                       |                        |
|                    | 2\. [Proposal by      |                        |
|                    | C                     |                        |
|                    | olombia]{.underline}: |                        |
|                    | Colombia proposes     |                        |
|                    | that subparagraph 2   |                        |
|                    | be deleted.           |                        |
|                    |                       |                        |
|                    | 2\. [Proposal by      |                        |
|                    | Panama]{.underline}:  |                        |
|                    | "The states recognize |                        |
|                    | and respect           |                        |
|                    | indigenous            |                        |
|                    | lifestyles, economic  |                        |
|                    | and political         |                        |
|                    | structures, customs,  |                        |
|                    | traditions, forms of  |                        |
|                    | social organization,  |                        |
|                    | institutions,         |                        |
|                    | practices, beliefs,   |                        |
|                    | values, world views,  |                        |
|                    | art, dance, music,    |                        |
|                    | and languages."       |                        |
|                    |                       |                        |
|                    | 2\. [Proposal by      |                        |
|                    | Mexico]{.underline}:  |                        |
|                    | "Indigenous peoples   |                        |
|                    | have the right to own |                        |
|                    | their heritage and to |                        |
|                    | restitution if they   |                        |
|                    | have been             |                        |
|                    | dispossessed of it,   |                        |
|                    | in keeping with the   |                        |
|                    | domestic law of the   |                        |
|                    | states."              |                        |
|                    |                       |                        |
|                    | 2\. [Proposal by the  |                        |
|                    | US:]{.underline}      |                        |
|                    | "States should        |                        |
|                    | provide an effective  |                        |
|                    | legal framework for   |                        |
|                    | the protection of     |                        |
|                    | indigenous culture,   |                        |
|                    | including, where      |                        |
|                    | appropriate,          |                        |
|                    | mechanisms for the    |                        |
|                    | repatriation of       |                        |
|                    | cultural property."   |                        |
|                    |                       |                        |
|                    | [INDIGENOUS           |                        |
|                    | REPRESEN              |                        |
|                    | TATIVES:]{.underline} |                        |
|                    |                       |                        |
|                    | 2\. [Proposal by      |                        |
|                    | Paulo Celso Oliveira  |                        |
|                    | *indigenous           |                        |
|                    | representative of     |                        |
|                    | Brazil*:]{.underline} |                        |
|                    | "Indigenous peoples   |                        |
|                    | have the right to     |                        |
|                    | restitution of        |                        |
|                    | property of which     |                        |
|                    | they have been        |                        |
|                    | dispossessed."        |                        |
+--------------------+-----------------------+------------------------+

+--------------------+-----------------------+------------------------+
| 3\. The states     | [REPRESENTATIVES OF   | 3\. The states shall   |
| shall recognize    | THE                   | respect and guarantee  |
| and respect        | STATES]{.underline}:  | respect and            |
| indigenous         |                       | nondiscrimination      |
| lifestyles,        | 3\. [From the April   | toward indigenous ways |
| customs,           | 2001                  | of life, world views,  |
| traditions, forms  | meeting]{.underline}: | customs and usages,    |
| of social,         | The states \[will     | traditions, forms of   |
| economic and       | recognize\] and       | social organization,   |
| political          | \[respect\]           | institutions,          |
| organization,      | indigenous ways of    | practices, beliefs,    |
| institutions,      | life, world views,    | values, clothing, and  |
| practices,         | customs, usages,      | languages.             |
| beliefs, values,   | traditions, forms of  |                        |
| clothing, and      | social, economic, and |                        |
| languages.         | political             |                        |
|                    | organization,         |                        |
|                    | institutions,         |                        |
|                    | practices, beliefs,   |                        |
|                    | values, clothing,     |                        |
|                    | art, dance, music,    |                        |
|                    | and languages.        |                        |
|                    | (Chile, Panama,       |                        |
|                    | Ecuador, Peru,        |                        |
|                    | Guatemala, and        |                        |
|                    | Colombia) \*Canada    |                        |
|                    | requests that "will   |                        |
|                    | recognize" be placed  |                        |
|                    | in square brackets.   |                        |
|                    |                       |                        |
|                    | States should take    |                        |
|                    | the necessary         |                        |
|                    | measures to prevent   |                        |
|                    | discrimination based  |                        |
|                    | on indigenous ways of |                        |
|                    | life, customs,        |                        |
|                    | traditions, forms of  |                        |
|                    | social organization,  |                        |
|                    | dress, languages, and |                        |
|                    | other cultural        |                        |
|                    | practices. (1999      |                        |
|                    | United States         |                        |
|                    | proposal, amended,    |                        |
|                    | corresponding to the  |                        |
|                    | second part of this   |                        |
|                    | paragraph 3).         |                        |
+--------------------+-----------------------+------------------------+

+--------------------+-----------------------+------------------------+
| Article VIII.      | [REPRESENTATIVES OF   | Article VIII. [Outlook |
| [Concepts and      | THE                   | and                    |
| lan                | STATES:]{.underline}  | language]{.underline}  |
| guage]{.underline} |                       |                        |
|                    | Article VIII.         |                        |
|                    | [(Outlook and         |                        |
|                    | language) (Linguistic |                        |
|                    | rights)]{.underline}  |                        |
+--------------------+-----------------------+------------------------+

+--------------------+-----------------------+------------------------+
| Indigenous peoples | [REPRESENTATIVES OF   | 1\. Indigenous peoples |
| have the right to  | THE                   | have the right to use, |
| their own          | STATES:]{.underline}  | develop, revive, and   |
| languages,         |                       | transmit to future     |
| philosophy, and    | 1\. [Text from the    | generations their      |
| concepts as a      | November 1999         | histories, languages,  |
| component of       | meeting]{.underline}: | oral traditions,       |
| national and       | Indigenous peoples    | philosophies, writing  |
| universal culture, | have the right to     | systems, and           |
| and as such, shall | their own languages,  | literature, and to     |
| respect them and   | philosophy, and       | designate and retain   |
| facilitate their   | (cosmovision)         | their own names for    |
| dissemination      | \[logical             | communities, places,   |
| thereof in         | conceptions\] as a    | and persons. The       |
| consultation with  | component of national | states shall take      |
| the peoples        | and universal         | appropriate measures   |
| involved.          | culture, and as such, | to protect the         |
|                    | the states shall      | exercise of this       |
|                    | recognize, respect,   | right, in consultation |
|                    | and promote them, (in | with the peoples       |
|                    | consultation with the | involved.              |
|                    | peoples involved.)    |                        |
|                    |                       |                        |
|                    | 1\. [Proposal by the  |                        |
|                    | US,                   |                        |
|                    | 1999]{.underline}:    |                        |
|                    | "States recognize     |                        |
|                    | that indigenous       |                        |
|                    | languages,            |                        |
|                    | philosophy, and       |                        |
|                    | outlook are a         |                        |
|                    | component of national |                        |
|                    | and universal         |                        |
|                    | culture, and, as      |                        |
|                    | such, states should   |                        |
|                    | respect them and,     |                        |
|                    | where appropriate,    |                        |
|                    | facilitate their      |                        |
|                    | dissemination."       |                        |
|                    |                       |                        |
|                    | [INDIGENOUS           |                        |
|                    | REPRESEN              |                        |
|                    | TATIVES:]{.underline} |                        |
|                    |                       |                        |
|                    | 1\. [Written proposal |                        |
|                    | from the 2001 meeting |                        |
|                    | by Paulo Celso        |                        |
|                    | Oliveira, *indigenous |                        |
|                    | representative of     |                        |
|                    | Brazi*]{.un           |                        |
|                    | derline}*l:*[^1]*^/^* |                        |
|                    | "Indigenous peoples   |                        |
|                    | have the right to     |                        |
|                    | revitalize, use,      |                        |
|                    | develop, and transmit |                        |
|                    | to future generations |                        |
|                    | their histories,      |                        |
|                    | languages, oral       |                        |
|                    | traditions,           |                        |
|                    | philosophies, writing |                        |
|                    | systems, and          |                        |
|                    | literature, and to    |                        |
|                    | designate and retain  |                        |
|                    | their own names for   |                        |
|                    | communities, places,  |                        |
|                    | and persons. The      |                        |
|                    | states shall take     |                        |
|                    | appropriate measures  |                        |
|                    | to protect the        |                        |
|                    | exercise of this      |                        |
|                    | right."               |                        |
|                    |                       |                        |
|                    | 1\. [Proposal by the  |                        |
|                    | *Indian Law Resource  |                        |
|                    | Center,*              |                        |
|                    | 1999]{.underline}:    |                        |
|                    | Indigenous peoples    |                        |
|                    | and individuals have  |                        |
|                    | the right to preserve |                        |
|                    | and practice their    |                        |
|                    | indigenous language,  |                        |
|                    | philosophy, and       |                        |
|                    | outlook as a          |                        |
|                    | necessary expression  |                        |
|                    | of their distinct     |                        |
|                    | culture. The states   |                        |
|                    | shall take            |                        |
|                    | appropriate measures  |                        |
|                    | to protect the        |                        |
|                    | exercise of this      |                        |
|                    | right.                |                        |
|                    |                       |                        |
|                    | 1\. [Proposal by      |                        |
|                    | *National Congress of |                        |
|                    | American Indians,*    |                        |
|                    | 1999]{.underline}:    |                        |
|                    | Indigenous peoples    |                        |
|                    | have the right to     |                        |
|                    | revitalize, use,      |                        |
|                    | develop, and transmit |                        |
|                    | to future generations |                        |
|                    | their histories,      |                        |
|                    | languages, oral       |                        |
|                    | traditions,           |                        |
|                    | philosophies, writing |                        |
|                    | systems, and          |                        |
|                    | literature, and to    |                        |
|                    | designate and retain  |                        |
|                    | their own names for   |                        |
|                    | communities, places,  |                        |
|                    | and persons.          |                        |
+--------------------+-----------------------+------------------------+

+--------------------+-----------------------+------------------------+
| The states shall   | [REPRESENTATIVES OF   | 2\. The states shall   |
| take measures to   | THE                   | take measures to       |
| promote and ensure | STATES:]{.underline}  | promote the            |
| that radio and     |                       | broadcasting of radio  |
| television         | 2\. [From the         | and television         |
| programs are       | November 1999         | programs in the        |
| broadcast in the   | meeting]{.underline}: | indigenous languages   |
| indigenous         | The states shall take | in areas having a      |
| languages in areas | measures to promote   | strong indigenous      |
| having a strong    | \[and ensure\] the    | presence. The state    |
| indigenous         | broadcast of radio    | shall also support the |
| presence, and to   | and television        | creation of indigenous |
| support the        | programs in the       | radio stations and     |
| creation of        | indigenous languages  | other media.           |
| indigenous radio   | in areas having a     |                        |
| stations and other | strong indigenous     |                        |
| means of           | presence, and to      |                        |
| indigenous         | support the creation  |                        |
| communications.    | of indigenous radio   |                        |
|                    | stations and other    |                        |
|                    | means of indigenous   |                        |
|                    | communications.       |                        |
|                    |                       |                        |
|                    | 2\. [Proposal by the  |                        |
|                    | US,                   |                        |
|                    | 1999]{.underline}:    |                        |
|                    | "To encourage         |                        |
|                    | diversity of voices   |                        |
|                    | and viewpoints,       |                        |
|                    | states should take    |                        |
|                    | appropriate measures  |                        |
|                    | under their national  |                        |
|                    | systems wherever      |                        |
|                    | possible to           |                        |
|                    | facilitate radio and  |                        |
|                    | television broadcasts |                        |
|                    | in indigenous         |                        |
|                    | languages in regions  |                        |
|                    | having large          |                        |
|                    | indigenous            |                        |
|                    | populations, and to   |                        |
|                    | encourage the         |                        |
|                    | development of        |                        |
|                    | indigenous radio      |                        |
|                    | stations and other    |                        |
|                    | media."               |                        |
|                    |                       |                        |
|                    | [Proposal by Mexico,  |                        |
|                    | 1999:]{.underline}    |                        |
|                    | "The states shall     |                        |
|                    | take measures to      |                        |
|                    | promote and ensure    |                        |
|                    | the use of indigenous |                        |
|                    | languages by radio    |                        |
|                    | and television        |                        |
|                    | stations in areas     |                        |
|                    | having a strong       |                        |
|                    | indigenous presence,  |                        |
|                    | and to support the    |                        |
|                    | creation of           |                        |
|                    | indigenous means of   |                        |
|                    | communication."       |                        |
|                    |                       |                        |
|                    | [INDIGENOUS           |                        |
|                    | REPRESEN              |                        |
|                    | TATIVES:]{.underline} |                        |
|                    |                       |                        |
|                    | 2\. [Written proposal |                        |
|                    | from the 2001 meeting |                        |
|                    | by Paulo Celso        |                        |
|                    | Oliveira, *indigenous |                        |
|                    | representative of     |                        |
|                    | Brazil*]{.underline}: |                        |
|                    | "Where there is a     |                        |
|                    | strong indigenous     |                        |
|                    | presence, the states  |                        |
|                    | shall take measures   |                        |
|                    | to ensure that        |                        |
|                    | broadcast radio and   |                        |
|                    | television programs   |                        |
|                    | are broadcast in the  |                        |
|                    | appropriate           |                        |
|                    | indigenous languages. |                        |
|                    | The state shall also  |                        |
|                    | support the           |                        |
|                    | establishment of      |                        |
|                    | indigenous radio      |                        |
|                    | stations and other    |                        |
|                    | media."               |                        |
|                    |                       |                        |
|                    | [Proposal by the      |                        |
|                    | *Indian Law Resource  |                        |
|                    | Center*,              |                        |
|                    | 1999:]{.underline}    |                        |
|                    | "Where there is a     |                        |
|                    | strong indigenous     |                        |
|                    | presence, the states  |                        |
|                    | shall take measures   |                        |
|                    | to ensure that        |                        |
|                    | broadcast radio and   |                        |
|                    | television programs   |                        |
|                    | are broadcast in the  |                        |
|                    | appropriate           |                        |
|                    | indigenous languages. |                        |
|                    | The state shall also  |                        |
|                    | support the creation  |                        |
|                    | of indigenous radio   |                        |
|                    | stations and other    |                        |
|                    | media."               |                        |
+--------------------+-----------------------+------------------------+

+--------------------+-----------------------+------------------------+
| 3\. The states     | [REPRESENTATIVES OF   | 3\. The states shall   |
| shall take         | THE                   | take effective         |
| effective measures | STATES:]{.underline}  | measures to enable the |
| to enable          |                       | members of indigenous  |
| indigenous peoples | 3\. [From the         | peoples to understand  |
| to understand      | November 1999         | administrative, legal, |
| administrative,    | meeting]{.underline}: | and political rules    |
| legal and          | The states shall take | and procedures and to  |
| political rules    | effective measures to | be understood in       |
| and procedures,    | enable indigenous     | relation to these      |
| and to be          | peoples to understand | matters. In areas      |
| understood in      | administrative,       | where indigenous       |
| relation to these  | legal, and political  | languages predominate, |
| matters. In areas  | rules and procedures, | states shall expend    |
| where indigenous   | and to be understood  | the necessary efforts  |
| languages          | in relation to these  | to have them           |
| predominate,       | matters. In areas     | established as         |
| states shall       | where indigenous      | official languages.    |
| expend the         | languages             |                        |
| necessary efforts  | predominate, states   |                        |
| to have them       | shall expend the      |                        |
| established as     | necessary efforts to  |                        |
| official languages | have them established |                        |
| and to grant them  | as official languages |                        |
| the same status    | \[and to grant them   |                        |
| that is accorded   | the same status that  |                        |
| to non-indigenous  | is accorded to        |                        |
| official           | non-indigenous        |                        |
| languages.         | official languages\]. |                        |
|                    |                       |                        |
|                    | 3\. [Proposal by the  |                        |
|                    | US,                   |                        |
|                    | 1999]{.underline}:    |                        |
|                    | "States should take   |                        |
|                    | measures to enable    |                        |
|                    | indigenous peoples to |                        |
|                    | understand and to be  |                        |
|                    | understood when       |                        |
|                    | dealing with laws and |                        |
|                    | administrative,       |                        |
|                    | legal, and political  |                        |
|                    | procedures*.*"        |                        |
|                    |                       |                        |
|                    | 3\. [Proposal by      |                        |
|                    | Mexico,               |                        |
|                    | 1999]{.underline}:    |                        |
|                    | "The states shall     |                        |
|                    | take effective        |                        |
|                    | measures to enable    |                        |
|                    | indigenous peoples to |                        |
|                    | have full access to   |                        |
|                    | state jurisdiction in |                        |
|                    | their own languages." |                        |
|                    |                       |                        |
|                    | [INDIGENOUS           |                        |
|                    | REPRESEN              |                        |
|                    | TATIVES:]{.underline} |                        |
|                    |                       |                        |
|                    | 3\. [Written proposal |                        |
|                    | from the 2001 meeting |                        |
|                    | by Paulo Celso        |                        |
|                    | Oliveira, *indigenous |                        |
|                    | representative of     |                        |
|                    | Brazil*:]{.underline} |                        |
|                    | For greater coherence |                        |
|                    | and adequate coverage |                        |
|                    | of the state's        |                        |
|                    | responsibilities, the |                        |
|                    | words "shall          |                        |
|                    | endeavor" in the      |                        |
|                    | second sentence of    |                        |
|                    | paragraph 3 should be |                        |
|                    | replaced by "should   |                        |
|                    | take measures." Since |                        |
|                    | state action is       |                        |
|                    | required only where   |                        |
|                    | the indigenous        |                        |
|                    | peoples are           |                        |
|                    | "predominant," the    |                        |
|                    | stronger wording does |                        |
|                    | not result in an      |                        |
|                    | unjust burden being   |                        |
|                    | placed on the state.  |                        |
+--------------------+-----------------------+------------------------+

+--------------------+-----------------------+------------------------+
| 4\. Indigenous     | [REPRESENTATIVES OF   | Indigenous peoples     |
| peoples have the   | THE                   | have the right to use  |
| right to use their | STATES:]{.underline}  | their indigenous       |
| indigenous names,  |                       | names, and to have the |
| and to have the    | 4\. [From the         | states recognize them  |
| states recognize   | November 1999         | as such.               |
| them as such.      | meeting]{.underline}: |                        |
|                    | Indigenous peoples    |                        |
|                    | have the right to use |                        |
|                    | their indigenous      |                        |
|                    | names, and to have    |                        |
|                    | the states recognize  |                        |
|                    | them as such..        |                        |
+--------------------+-----------------------+------------------------+

+--------------------+-----------------------+------------------------+
| Article IX.        | Article IX.           | Article IX.            |
| [Educ              | [E                    | [                      |
| ation]{.underline} | ducation]{.underline} | Education]{.underline} |
|                    |                       |                        |
| 1\. Indigenous     | [REPRESENTATIVES OF   | 1\. Indigenous peoples |
| peoples shall be   | THE                   | shall be entitled: (a) |
| entitled: a) to    | STATES:]{.underline}  | to establish and set   |
| establish and set  |                       | in motion their own    |
| in motion their    | 1\. [From the         | educational programs,  |
| own educational    | November 1999         | institutions, and      |
| programs,          | meeting]{.underline}: | facilities; (b) to     |
| institutions and   | (Taking into          | prepare and apply      |
| facilities; b) to  | consideration the     | their own educational  |
| prepare and        | minimum standards set | plans, programs,       |
| implement their    | by the competent      | curricula, and         |
| own educational    | state authority (in   | materials; and (c) to  |
| plans, programs,   | countries in which    | train, educate, and    |
| curricula and      | national curricula    | accredit their own     |
| teaching           | are in force) for the | teachers and           |
| materials; and c)  | national education    | administrators, in     |
| to train, educate  | system,) Indigenous   | consultation with the  |
| and accredit their | peoples shall be      | competent authorities. |
| teachers and       | entitled: (a) to      | The states shall take  |
| administrators.    | establish and set in  | steps to ensure that   |
| The states shall   | motion their own      | such systems guarantee |
| take steps to      | educational programs, | equal educational and  |
| ensure that such   | institutions and      | teaching opportunities |
| systems guarantee  | facilities; (b) to    | for the general        |
| equal educational  | prepare and implement | population,            |
| and teaching       | their own educational | complementarity among  |
| opportunities for  | plans, programs,      | different levels of    |
| the general        | curricula, and        | education, and respect |
| population as well | teaching materials;   | for minimum education  |
| as complementarity | and (c) to train,     | standards.             |
| with the national  | educate, and accredit |                        |
| educational        | their teachers and    |                        |
| systems.           | administrators, (in   |                        |
|                    | consultation with the |                        |
|                    | competent state       |                        |
|                    | authorities and in    |                        |
|                    | accordance with       |                        |
|                    | applicable education  |                        |
|                    | laws and standards).  |                        |
|                    | \[The states shall    |                        |
|                    | take steps to ensure  |                        |
|                    | that such systems     |                        |
|                    | guarantee equal       |                        |
|                    | educational and       |                        |
|                    | teaching              |                        |
|                    | opportunities for the |                        |
|                    | general population as |                        |
|                    | well as               |                        |
|                    | complementarity with  |                        |
|                    | the national          |                        |
|                    | educational           |                        |
|                    | systems.\]            |                        |
|                    |                       |                        |
|                    | 1\. [Proposal by the  |                        |
|                    | US:]{.underline}      |                        |
|                    | "States should        |                        |
|                    | recognize the         |                        |
|                    | authority of          |                        |
|                    | indigenous peoples to |                        |
|                    | (a) establish and     |                        |
|                    | operate their own     |                        |
|                    | educational programs, |                        |
|                    | institutions, and     |                        |
|                    | facilities; (b) to    |                        |
|                    | prepare and apply     |                        |
|                    | their own educational |                        |
|                    | plans, programs,      |                        |
|                    | curricula, and        |                        |
|                    | materials; and (c) to |                        |
|                    | train and accredit    |                        |
|                    | their own teachers    |                        |
|                    | and administrators,   |                        |
|                    | provided that         |                        |
|                    | indigenous            |                        |
|                    | educational programs  |                        |
|                    | meet generally        |                        |
|                    | applicable minimum    |                        |
|                    | state requirements in |                        |
|                    | the field of          |                        |
|                    | education."           |                        |
+--------------------+-----------------------+------------------------+

+--------------------+-----------------------+------------------------+
| 2\. When           | [REPRESENTATIVES OF   | 2\. When indigenous    |
| indigenous peoples | THE                   | peoples so desire, and |
| so desire,         | STATES:]{.underline}  | when it is possible,   |
| educational        |                       | educational systems    |
| systems shall be   | 2\. [From the         | shall be conducted in  |
| conducted in the   | November 1999         | the indigenous         |
| indigenous         | meeting]{.underline}: | languages and shall    |
| languages and      | When indigenous       | incorporate indigenous |
| shall incorporate  | peoples so desire,    | content, and they      |
| indigenous         | educational systems   | shall also be given    |
| content, and they  | shall be conducted    | the necessary training |
| shall also be      | (where practicable)   | and means for complete |
| given the          | in the indigenous     | mastery of the         |
| necessary training | languages and shall   | official language or   |
| and means for      | incorporate           | languages.             |
| complete mastery   | indigenous content,   |                        |
| of the official    | and they shall also   |                        |
| language or        | be given the          |                        |
| languages.         | necessary training    |                        |
|                    | and means for         |                        |
|                    | complete mastery of   |                        |
|                    | the official language |                        |
|                    | or languages.         |                        |
|                    |                       |                        |
|                    | 2\. [Proposal by the  |                        |
|                    | US,                   |                        |
|                    | 1999]{.underline}:    |                        |
|                    | "Non-discriminatory   |                        |
|                    | access to public      |                        |
|                    | education is a right  |                        |
|                    | that should be        |                        |
|                    | enjoyed by indigenous |                        |
|                    | individuals in common |                        |
|                    | with other citizens   |                        |
|                    | of the State.         |                        |
|                    | State-funded          |                        |
|                    | education should      |                        |
|                    | respect indigenous    |                        |
|                    | cultures."            |                        |
+--------------------+-----------------------+------------------------+

+--------------------+-----------------------+------------------------+
| 3\. The states     | [REPRESENTATIVES OF   | 3\. The states shall   |
| shall ensure that  | THE                   | include, in their      |
| those educational  | STATES:]{.underline}  | national education     |
| systems are equal  |                       | systems, content       |
| in quality,        | 3\. [From the         | reflecting the         |
| efficiency,        | November 1999         | pluricultural nature   |
| accessibility and  | meeting]{.underline}: | of their societies.    |
| in all other       | The states shall      | Indigenous children    |
| respects to that   | ensure that those     | living outside their   |
| provided to the    | educational systems   | communities should,    |
| general            | are equal in quality, | where practicable,     |
| population.        | efficiency,           | have access to         |
|                    | accessibility, and    | education in their own |
|                    | all other respects to | culture and language.  |
|                    | that provided to the  |                        |
|                    | general population.   |                        |
|                    |                       |                        |
|                    | 3\. [Proposal by the  |                        |
|                    | US,                   |                        |
|                    | 1999]{.underline}:    |                        |
|                    | "States should take   |                        |
|                    | appropriate measures  |                        |
|                    | so that, wherever     |                        |
|                    | possible, indigenous  |                        |
|                    | individuals have      |                        |
|                    | adequate              |                        |
|                    | opportunities to      |                        |
|                    | learn their native    |                        |
|                    | indigenous language   |                        |
|                    | or to receive         |                        |
|                    | instruction in that   |                        |
|                    | language."            |                        |
|                    |                       |                        |
|                    | 3\. [Proposal by      |                        |
|                    | Canada for a new      |                        |
|                    | paragraph,            |                        |
|                    | 1999]{.underline}:    |                        |
|                    | "Indigenous children  |                        |
|                    | living outside their  |                        |
|                    | communities should,   |                        |
|                    | where practicable,    |                        |
|                    | have access to        |                        |
|                    | education in their    |                        |
|                    | own culture and       |                        |
|                    | language."            |                        |
+--------------------+-----------------------+------------------------+

+--------------------+-----------------------+------------------------+
| 4\. The states     | [REPRESENTATIVES OF   | 4\. The states shall   |
| shall include in   | THE                   | ensure that those      |
| national general   | STATES:]{.underline}  | educational systems    |
| educational        |                       | are equal in quality,  |
| systems content    | 4\. [From the         | efficiency,            |
| reflecting the     | November 1999         | accessibility, and all |
| pluricultural      | meeting:]{.underline} | other respects to that |
| nature of their    | The states shall      | provided to the        |
| societies.         | include in national   | general population.    |
|                    | general educational   | The states shall take  |
|                    | systems content       | effective measures to  |
|                    | reflecting the        | provide appropriate    |
|                    | pluricultural nature  | resources for these    |
|                    | of their societies.   | purposes.              |
+--------------------+-----------------------+------------------------+

+--------------------+-----------------------+------------------------+
| 5\. The states     | [REPRESENTATIVES OF   |                        |
| shall provide      | THE                   |                        |
| financial and any  | STATES:]{.underline}  |                        |
| other type of      |                       |                        |
| assistance needed  | \[5. [From the        |                        |
| to implement the   | November 1999         |                        |
| provisions of this | meeting:]{.underline} |                        |
| article.           | The states shall      |                        |
|                    | provide financial and |                        |
|                    | any other type of     |                        |
|                    | assistance needed to  |                        |
|                    | implement the         |                        |
|                    | provisions of this    |                        |
|                    | article (without      |                        |
|                    | prejudice to support  |                        |
|                    | for the rest of the   |                        |
|                    | population).\]        |                        |
|                    |                       |                        |
|                    | 5\. [Proposal by the  |                        |
|                    | US,                   |                        |
|                    | 1999:]{.underline}    |                        |
|                    | "States should take   |                        |
|                    | appropriate measures  |                        |
|                    | to provide resources  |                        |
|                    | for these purposes."  |                        |
|                    |                       |                        |
|                    | 5\. [Proposal by      |                        |
|                    | Argentina,            |                        |
|                    | 1999]{.underline}:    |                        |
|                    | Argentina proposes    |                        |
|                    | deleting paragraph 5. |                        |
|                    |                       |                        |
|                    | 5\. [Proposal by      |                        |
|                    | Canada,               |                        |
|                    | 1999]{.underline}:    |                        |
|                    | Canada suggests       |                        |
|                    | merging paragraphs 3  |                        |
|                    | and 5 into a single   |                        |
|                    | paragraph, which      |                        |
|                    | would then read as    |                        |
|                    | follows:              |                        |
|                    |                       |                        |
|                    | "States               |                        |
|                    | \[shall/should\] take |                        |
|                    | effective measures to |                        |
|                    | provide appropriate   |                        |
|                    | resources for these   |                        |
|                    | purposes."            |                        |
+--------------------+-----------------------+------------------------+

+--------------------+-----------------------+------------------------+
| Article X.         | [REPRESENTATIVES OF   | 1\. Indigenous peoples |
| [Spiritual and     | THE                   | and their members have |
| religious          | STATES:]{.underline}  | the right to freedom   |
| fr                 |                       | of thought,            |
| eedom]{.underline} | Article X. [Spiritual | conscience, religion,  |
|                    | and religious         | and spiritual          |
| 1\. Indigenous     | freedom]{.underline}  | practice; that right   |
| peoples have the   |                       | includes the freedom   |
| right to freedom   | 1\. [From the         | to change one's        |
| of conscience,     | November 1999         | religion or belief,    |
| freedom of         | meeting]{.underline}: | and the freedom to     |
| religion and       | Indigenous peoples    | manifest, in public or |
| spiritual          | have (shall have) the | in private,            |
| practice, and to   | right to freedom of   | individually or        |
| exercise them both | conscience, freedom   | collectively, one's    |
| publicly and       | of religion and       | religion or belief in  |
| privately.         | spiritual practice    | teaching, practice,    |
|                    | \[and to exercise     | worship, and           |
|                    | them both publicly    | observance.            |
|                    | and privately\].      |                        |
|                    |                       |                        |
|                    | 1\. [Proposal by the  |                        |
|                    | US,                   |                        |
|                    | 1999]{.underline}:    |                        |
|                    | "Indigenous           |                        |
|                    | individuals have the  |                        |
|                    | right to freedom of   |                        |
|                    | thought, conscience,  |                        |
|                    | and religion."        |                        |
|                    |                       |                        |
|                    | [INDIGENOUS           |                        |
|                    | REPRESEN              |                        |
|                    | TATIVES:]{.underline} |                        |
|                    |                       |                        |
|                    | 1\. [Written proposal |                        |
|                    | from the 2001 meeting |                        |
|                    | by Paulo Celso        |                        |
|                    | Oliveira, *indigenous |                        |
|                    | representative of     |                        |
|                    | Brazil*]{.underline}: |                        |
|                    | "Indigenous peoples   |                        |
|                    | have the right to     |                        |
|                    | freedom of thought,   |                        |
|                    | conscience, and       |                        |
|                    | religion; that right  |                        |
|                    | includes the freedom  |                        |
|                    | to change one's       |                        |
|                    | religion or belief,   |                        |
|                    | and the freedom to    |                        |
|                    | manifest, in public   |                        |
|                    | or in private,        |                        |
|                    | individually or       |                        |
|                    | collectively, their   |                        |
|                    | religion or belief in |                        |
|                    | teaching, practice,   |                        |
|                    | worship, and          |                        |
|                    | observance."          |                        |
|                    |                       |                        |
|                    | 1\. [Proposal by the  |                        |
|                    | *Indian Law Resource  |                        |
|                    | Center*,              |                        |
|                    | 1999]{.underline}:    |                        |
|                    | "Indigenous peoples   |                        |
|                    | and individuals have  |                        |
|                    | the right to freedom  |                        |
|                    | of thought,           |                        |
|                    | conscience and        |                        |
|                    | religion; this right  |                        |
|                    | includes freedom to   |                        |
|                    | change one's religion |                        |
|                    | or belief, and        |                        |
|                    | freedom in public or  |                        |
|                    | private, to manifest  |                        |
|                    | their religion or     |                        |
|                    | belief in teaching,   |                        |
|                    | practice, worship and |                        |
|                    | observance."          |                        |
+--------------------+-----------------------+------------------------+

+--------------------+-----------------------+------------------------+
| 2 .The states      | [REPRESENTATIVES OF   | 2\. The states shall   |
| shall take the     | THE                   | take the necessary     |
| necessary measures | STATES:]{.underline}  | measures to prohibit   |
| to prohibit        |                       | attempts to convert or |
| attempts to        | 2\. [From the         | impose beliefs on      |
| forcibly convert   | November 1999         | indigenous peoples or  |
| indigenous peoples | meeting]{.underline}: | their members without  |
| or to impose on    | The states shall take | their free and         |
| them beliefs       | the necessary         | informed consent.      |
| against their      | measures to prohibit  |                        |
| will.              | attempts to forcibly  |                        |
|                    | convert indigenous    |                        |
|                    | peoples or to impose  |                        |
|                    | beliefs on them       |                        |
|                    | against their will.   |                        |
|                    |                       |                        |
|                    | 2\. [Proposal by the  |                        |
|                    | US:]{.underline}      |                        |
|                    | "This right shall     |                        |
|                    | include freedom to    |                        |
|                    | have or adopt a       |                        |
|                    | religion or belief of |                        |
|                    | her or his choice,    |                        |
|                    | and freedom, either   |                        |
|                    | individually or in    |                        |
|                    | community with others |                        |
|                    | and in public or      |                        |
|                    | private, to manifest  |                        |
|                    | his religion or       |                        |
|                    | belief in worship,    |                        |
|                    | observance, practice, |                        |
|                    | and teaching."        |                        |
|                    |                       |                        |
|                    | 2\. [Proposal by the  |                        |
|                    | CJI with amendment by |                        |
|                    | Mexico,               |                        |
|                    | 1999]{.underline}:    |                        |
|                    | "Indigenous peoples   |                        |
|                    | have the right to     |                        |
|                    | preserve and practice |                        |
|                    | their religious or    |                        |
|                    | philosophical         |                        |
|                    | beliefs, the only     |                        |
|                    | condition being       |                        |
|                    | respect for public    |                        |
|                    | order and the full    |                        |
|                    | and effective         |                        |
|                    | enjoyment by the      |                        |
|                    | persons making up     |                        |
|                    | those peoples of      |                        |
|                    | their internationally |                        |
|                    | recognized human      |                        |
|                    | rights. States must   |                        |
|                    | take the necessary    |                        |
|                    | measures to prohibit  |                        |
|                    | any attempt to        |                        |
|                    | forcibly convert an   |                        |
|                    | indigenous            |                        |
|                    | \[people/population\] |                        |
|                    | or to impose beliefs  |                        |
|                    | or religious          |                        |
|                    | practices on it       |                        |
|                    | against its will."    |                        |
|                    |                       |                        |
|                    | [INDIGENOUS           |                        |
|                    | REPRESEN              |                        |
|                    | TATIVES:]{.underline} |                        |
|                    |                       |                        |
|                    | 2\. [Written proposal |                        |
|                    | from the 2001 meeting |                        |
|                    | by Paulo Celso        |                        |
|                    | Oliveira, *indigenous |                        |
|                    | representative of     |                        |
|                    | Brazil*:]{.underline} |                        |
|                    | "The states shall     |                        |
|                    | take the necessary    |                        |
|                    | measures to prohibit  |                        |
|                    | attempts to convert   |                        |
|                    | indigenous peoples    |                        |
|                    | without their free    |                        |
|                    | and informed consent  |                        |
|                    | or to impose on them  |                        |
|                    | beliefs against their |                        |
|                    | will."                |                        |
|                    |                       |                        |
|                    | 2\. [Proposal by the  |                        |
|                    | *Indian Law Resource  |                        |
|                    | Center*,              |                        |
|                    | 1999:]{.underline}    |                        |
|                    | "It also proposed     |                        |
|                    | that in paragraph 2   |                        |
|                    | the words "forcibly   |                        |
|                    | convert" be replaced  |                        |
|                    | by the words "to      |                        |
|                    | convert indigenous    |                        |
|                    | peoples without their |                        |
|                    | free and informed     |                        |
|                    | consent."             |                        |
+--------------------+-----------------------+------------------------+

+--------------------+-----------------------+------------------------+
| In collaboration   | [REPRESENTATIVES OF   | 3\. The states shall   |
| with the           | THE                   | take appropriate       |
| indigenous peoples | STATES:]{.underline}  | measures, in           |
| concerned, the     |                       | consultation with the  |
| states shall adopt | 3\. [From the         | indigenous peoples     |
| effective measures | November 1999         | concerned, to          |
| to ensure that     | meeting]{.underline}: | preserve, respect, and |
| their sacred       | In collaboration with | protect sites that are |
| places, including  | the indigenous        | sacred to them,        |
| burial sites, are  | peoples concerned,    | including their burial |
| preserved,         | the states shall      | sites, sacred objects, |
| respected and      | (make best efforts    | and relics.            |
| protected. When    | to) adopt effective   |                        |
| sacred graves and  | measures to ensure    |                        |
| relics have been   | that their sacred     |                        |
| appropriated by    | places, including     |                        |
| state              | burial sites, are     |                        |
| institutions, they | preserved, respected, |                        |
| shall be returned. | and protected. \[When |                        |
|                    | sacred graves and     |                        |
|                    | relics have been      |                        |
|                    | appropriated by state |                        |
|                    | institutions (or      |                        |
|                    | private entities),    |                        |
|                    | they shall be         |                        |
|                    | returned.\]           |                        |
|                    |                       |                        |
|                    | 3\. [Proposal by the  |                        |
|                    | US,                   |                        |
|                    | 1999]{.underline}:    |                        |
|                    | "States shall take    |                        |
|                    | appropriate measures, |                        |
|                    | in consultation with  |                        |
|                    | the indigenous        |                        |
|                    | peoples concerned, to |                        |
|                    | preserve and protect  |                        |
|                    | sites that are sacred |                        |
|                    | to them, including    |                        |
|                    | burial sites. States  |                        |
|                    | should provide an     |                        |
|                    | effective legal       |                        |
|                    | framework for the     |                        |
|                    | return of sacred      |                        |
|                    | objects, relics, and  |                        |
|                    | human remains taken   |                        |
|                    | from graves or sacred |                        |
|                    | sites."               |                        |
|                    |                       |                        |
|                    | [INDIGENOUS           |                        |
|                    | REPRESEN              |                        |
|                    | TATIVES:]{.underline} |                        |
|                    |                       |                        |
|                    | 3\. [Written proposal |                        |
|                    | from the 2001 meeting |                        |
|                    | by Paulo Celso        |                        |
|                    | Oliveira, *indigenous |                        |
|                    | representative of     |                        |
|                    | Brazil*:]{.underline} |                        |
|                    | "Indigenous peoples   |                        |
|                    | have the right to     |                        |
|                    | maintain and protect  |                        |
|                    | their cultural and    |                        |
|                    | religious properties  |                        |
|                    | including sacred      |                        |
|                    | sites, relics,        |                        |
|                    | graves, and the human |                        |
|                    | remains and artifacts |                        |
|                    | found within the      |                        |
|                    | graves. This includes |                        |
|                    | the right to          |                        |
|                    | restitution of        |                        |
|                    | religious and         |                        |
|                    | cultural property     |                        |
|                    | taken without their   |                        |
|                    | free and informed     |                        |
|                    | consent or in         |                        |
|                    | violation of their    |                        |
|                    | laws, traditions, and |                        |
|                    | customs. In           |                        |
|                    | collaboration with    |                        |
|                    | the indigenous        |                        |
|                    | peoples concerned,    |                        |
|                    | the states shall      |                        |
|                    | adopt effective       |                        |
|                    | measures to ensure    |                        |
|                    | that such properties  |                        |
|                    | are preserved,        |                        |
|                    | respected, and        |                        |
|                    | protected. Where such |                        |
|                    | properties have been  |                        |
|                    | expropriated by the   |                        |
|                    | state, private        |                        |
|                    | institutions, or      |                        |
|                    | individuals, without  |                        |
|                    | the consent of the    |                        |
|                    | people concerned,     |                        |
|                    | they shall be         |                        |
|                    | returned."            |                        |
|                    |                       |                        |
|                    | 3\. [Proposal by the  |                        |
|                    | National Congress of  |                        |
|                    | American Indians,     |                        |
|                    | 1999]{.underline}:    |                        |
|                    | Indigenous peoples    |                        |
|                    | and individuals have  |                        |
|                    | the right to maintain |                        |
|                    | and protect their     |                        |
|                    | cultural and          |                        |
|                    | religious properties  |                        |
|                    | including sacred      |                        |
|                    | sites, relics, graves |                        |
|                    | and the human remains |                        |
|                    | and articles found    |                        |
|                    | within graves. This   |                        |
|                    | includes the right to |                        |
|                    | restitution of        |                        |
|                    | religious and         |                        |
|                    | cultural property     |                        |
|                    | taken without their   |                        |
|                    | free and informed     |                        |
|                    | consent or in         |                        |
|                    | violation of their    |                        |
|                    | laws, traditions and  |                        |
|                    | customs. In           |                        |
|                    | collaboration with    |                        |
|                    | the indigenous        |                        |
|                    | peoples concerned,    |                        |
|                    | the states shall      |                        |
|                    | adopt effective       |                        |
|                    | measures to ensure    |                        |
|                    | that such properties  |                        |
|                    | are preserved,        |                        |
|                    | respected and         |                        |
|                    | protected. Where      |                        |
|                    | appropriated by state |                        |
|                    | institutions, they    |                        |
|                    | shall be returned.\"  |                        |
+--------------------+-----------------------+------------------------+

+--------------------+-----------------------+------------------------+
| 4\. The states     | [REPRESENTATIVES OF   | 4\. The states and     |
| shall ensure       | THE                   | their institutions     |
| respect from       | STATES:]{.underline}  | shall ensure respect   |
| society as a whole |                       | from society as a      |
| for the integrity  | 4\. [From the         | whole for the          |
| of indigenous      | November 1999         | integrity of           |
| spiritual symbols, | meeting:]{.underline} | indigenous spiritual   |
| practices, sacred  | The states shall      | symbols, practices,    |
| ceremonies,        | ensure respect from   | sacred ceremonies,     |
| expressions and    | society as a whole    | expressions, and       |
| protocols.         | (and from             | protocols.             |
|                    | institutions) for the |                        |
|                    | integrity of          |                        |
|                    | indigenous spiritual  |                        |
|                    | symbols, practices,   |                        |
|                    | sacred ceremonies,    |                        |
|                    | expressions, and      |                        |
|                    | protocols.            |                        |
|                    |                       |                        |
|                    | 4\. [Proposal by      |                        |
|                    | Mexico,               |                        |
|                    | 1999]{.underline}:    |                        |
|                    | Mexico proposes       |                        |
|                    | deleting this         |                        |
|                    | paragraph.            |                        |
|                    |                       |                        |
|                    | 4\. [Proposal by the  |                        |
|                    | US,                   |                        |
|                    | 1999:]{.underline}    |                        |
|                    | "States are           |                        |
|                    | encouraged to respect |                        |
|                    | the use of sacred and |                        |
|                    | ceremonial areas and  |                        |
|                    | to provide for        |                        |
|                    | indigenous access to  |                        |
|                    | and use of such sites |                        |
|                    | as may be under the   |                        |
|                    | management or control |                        |
|                    | of a State."          |                        |
+--------------------+-----------------------+------------------------+

+--------------------+-----------------------+------------------------+
| Article XI.        | [REPRESENTATIVES OF   | 1\. The family is the  |
| [Family relations  | THE                   | natural and basic unit |
| and family         | STATES:]{.underline}  | of societies and must  |
| ties]{.underline}  |                       | be respected and       |
|                    | 1\. [From the         | protected by the       |
| 1\. The family is  | November 1999         | state. Consequently,   |
| the natural and    | meeting:]{.underline} | the state shall        |
| basic unit of      | The family is the     | recognize and respect  |
| societies and must | natural and basic     | the various forms of   |
| be respected and   | unit of societies and | the indigenous family, |
| protected by the   | must be respected and | marriage, family name, |
| state.             | protected by the      | and filiation.         |
| Consequently, the  | state.                |                        |
| state shall        | \[Consequently, the   |                        |
| recognize and      | state shall recognize |                        |
| respect the        | and respect the       |                        |
| various forms of   | various forms of the  |                        |
| the indigenous     | indigenous (family),  |                        |
| family, marriage,  | (parental systems),   |                        |
| family name and    | marriage, (assignment |                        |
| filiation.         | of name) (family      |                        |
|                    | name) and             |                        |
|                    | filiation.\]          |                        |
|                    |                       |                        |
|                    | 1\. [Proposal by the  |                        |
|                    | US,                   |                        |
|                    | 1999:]{.underline}    |                        |
|                    | "The family in all    |                        |
|                    | its forms is the      |                        |
|                    | natural and           |                        |
|                    | fundamental group     |                        |
|                    | unit of society and   |                        |
|                    | is entitled to        |                        |
|                    | protection by society |                        |
|                    | and the State."       |                        |
|                    |                       |                        |
|                    | [INDIGENOUS           |                        |
|                    | REPRESEN              |                        |
|                    | TATIVES:]{.underline} |                        |
|                    |                       |                        |
|                    | 1\. [Written proposal |                        |
|                    | from the 2001 meeting |                        |
|                    | by Paulo Celso        |                        |
|                    | Oliveira, *indigenous |                        |
|                    | representative of*    |                        |
|                    | Brazil:]{.underline}  |                        |
|                    | We agree with the     |                        |
|                    | article proposed by   |                        |
|                    | the IACHR in 1997, as |                        |
|                    | set out in document   |                        |
|                    | 9/01.                 |                        |
+--------------------+-----------------------+------------------------+

+--------------------+-----------------------+------------------------+
| 2\. In determining | [REPRESENTATIVES OF   | 2\. In determining the |
| the child\'s best  | THE                   | child's best interests |
| interests in       | STATES:]{.underline}  | in matters relating to |
| matters relating   |                       | the adoption of        |
| to the protection  | 2\. [From the         | children of members of |
| and adoption of    | November 1999         | indigenous peoples,    |
| children of        | meeting]{.underline}: | and in the severance   |
| members of         | In determining the    | of ties and other      |
| indigenous         | child's best          | similar circumstances, |
| peoples, and in    | interests in matters  | consideration shall be |
| the severance of   | relating to the       | given by courts and    |
| ties and other     | adoption of children  | other relevant         |
| similar            | of members of         | institutions to the    |
| circumstances,     | indigenous peoples,   | views of the peoples,  |
| consideration      | and in the severance  | including individual,  |
| shall be given by  | of ties and other     | family, and community  |
| courts and other   | similar               | views.                 |
| relevant           | circumstances,        |                        |
| institutions to    | consideration shall   |                        |
| the views of the   | be given by courts    |                        |
| peoples, including | and other relevant    |                        |
| individual, family | institutions to the   |                        |
| and community      | views of the peoples, |                        |
| views.             | including individual, |                        |
|                    | family, and community |                        |
|                    | views.                |                        |
|                    |                       |                        |
|                    | 2\. [Proposal by the  |                        |
|                    | US,                   |                        |
|                    | 1999:]{.underline}    |                        |
|                    | "Consistent with      |                        |
|                    | international human   |                        |
|                    | rights instruments,   |                        |
|                    | States should accord  |                        |
|                    | appropriate           |                        |
|                    | recognition to        |                        |
|                    | indigenous            |                        |
|                    | institutions, laws,   |                        |
|                    | and traditions        |                        |
|                    | concerning the family |                        |
|                    | and the integrity of  |                        |
|                    | family relations."    |                        |
|                    |                       |                        |
|                    | [INDIGENOUS           |                        |
|                    | REPRESEN              |                        |
|                    | TATIVES:]{.underline} |                        |
|                    |                       |                        |
|                    | 2\. [Proposal by the  |                        |
|                    | *Indian Law Resource  |                        |
|                    | Center*,              |                        |
|                    | 1999]{.underline}:    |                        |
|                    | "In all actions       |                        |
|                    | concerning children,  |                        |
|                    | the state has a duty  |                        |
|                    | to respect the        |                        |
|                    | responsibilities,     |                        |
|                    | rights, and duties of |                        |
|                    | parents, or where     |                        |
|                    | applicable, the       |                        |
|                    | members of the        |                        |
|                    | extended family or    |                        |
|                    | community as provided |                        |
|                    | for by local          |                        |
|                    | customs."             |                        |
+--------------------+-----------------------+------------------------+

+--------------------+-----------------------+------------------------+
| Article XII.       | Article XII. [Health  | Article XII. [Health   |
| [Health and        | and                   | and                    |
| well-              | we                    | w                      |
| being]{.underline} | ll-being]{.underline} | ell-being]{.underline} |
|                    |                       |                        |
| 1\. Indigenous     | [REPRESENTATIVES OF   | 1\. Indigenous peoples |
| peoples have the   | THE                   | have the right to      |
| right to legal     | STATES:]{.underline}  | recognition by the     |
| recognition and    |                       | state of their         |
| practice of their  | 1\. [From the         | traditional medicine,  |
| traditional        | November 1999         | treatment,             |
| medicine,          | meeting:]{.underline} | pharmacopoeia, health  |
| treatment,         | Indigenous peoples    | concepts, practices,   |
| pharmacology,      | have the right to     | and promotion, in      |
| health practices   | \[legal\]             | keeping with           |
| and promotion,     | \[recognition and     | inte                   |
| including          | practice of their     | rnationally-recognized |
| preventive         | traditional medicine, | health standards.      |
| measures and       | treatment,            |                        |
| rehabilitative.    | pharmacology, and     | To that end, states    |
|                    | health practices and  | undertake to introduce |
|                    | promotion\],          | and make traditional   |
|                    | including preventive  | medicine compatible    |
|                    | measures and          | with modern scientific |
|                    | rehabilitation\],     | medicine.              |
|                    | (subject to national  |                        |
|                    | laws).                | In addition,           |
|                    |                       | indigenous peoples     |
|                    | 1\. [Proposal by      | have the right to      |
|                    | Mexico and Peru,      | nondiscriminatory      |
|                    | 1999:]{.underline}    | access to health       |
|                    | "Indigenous peoples   | services available to  |
|                    | have the right to     | the general public.    |
|                    | practice their        |                        |
|                    | traditional medicine, |                        |
|                    | treatment,            |                        |
|                    | pharmacology, and     |                        |
|                    | health concepts,      |                        |
|                    | practices, and        |                        |
|                    | promotion, within the |                        |
|                    | framework of existing |                        |
|                    | law and the general   |                        |
|                    | public health         |                        |
|                    | policies of the       |                        |
|                    | state."               |                        |
|                    |                       |                        |
|                    | 1\. [Proposal by      |                        |
|                    | Venezuela,            |                        |
|                    | 1999]{.underline}:    |                        |
|                    | "Indigenous peoples   |                        |
|                    | are entitled to state |                        |
|                    | recognition of their  |                        |
|                    | traditional medical   |                        |
|                    | practices, treatment, |                        |
|                    | pharmacology,         |                        |
|                    | practical notions,    |                        |
|                    | and health            |                        |
|                    | promotion."           |                        |
|                    |                       |                        |
|                    | 1\. [Proposal by the  |                        |
|                    | US,                   |                        |
|                    | 1999]{.underline}:    |                        |
|                    | "States should take   |                        |
|                    | appropriate measures  |                        |
|                    | to protect the        |                        |
|                    | freedom of indigenous |                        |
|                    | individuals to use,   |                        |
|                    | maintain, develop,    |                        |
|                    | and manage their own  |                        |
|                    | health services,      |                        |
|                    | provided such         |                        |
|                    | services meet the     |                        |
|                    | standards of          |                        |
|                    | generally applicable  |                        |
|                    | laws adopted in the   |                        |
|                    | interest of public    |                        |
|                    | health and welfare.   |                        |
|                    | In addition,          |                        |
|                    | indigenous            |                        |
|                    | individuals have the  |                        |
|                    | right to              |                        |
|                    | nondiscriminatory     |                        |
|                    | access to health      |                        |
|                    | services available to |                        |
|                    | the general public."  |                        |
|                    |                       |                        |
|                    | 1\. [Proposal by the  |                        |
|                    | CJI,                  |                        |
|                    | 1999:]{.underline}    |                        |
|                    | "Indigenous peoples   |                        |
|                    | preserving            |                        |
|                    | traditional forms of  |                        |
|                    | social organization,  |                        |
|                    | communal governance,  |                        |
|                    | or traditional        |                        |
|                    | practices and customs |                        |
|                    | with respect to       |                        |
|                    | family, health,       |                        |
|                    | education, property,  |                        |
|                    | commercial or         |                        |
|                    | productive            |                        |
|                    | activities, or the    |                        |
|                    | prevention and        |                        |
|                    | punishment of         |                        |
|                    | criminal activities   |                        |
|                    | have the right to     |                        |
|                    | preserve and freely   |                        |
|                    | exercise them, the    |                        |
|                    | only condition being  |                        |
|                    | respect for public    |                        |
|                    | order and the full    |                        |
|                    | and effective         |                        |
|                    | enjoyment by the      |                        |
|                    | persons making up     |                        |
|                    | those peoples of      |                        |
|                    | their internationally |                        |
|                    | recognized human      |                        |
|                    | rights. The state     |                        |
|                    | must make every       |                        |
|                    | reasonable effort, in |                        |
|                    | consultation with the |                        |
|                    | parties concerned, to |                        |
|                    | harmonize and         |                        |
|                    | reconcile the effect  |                        |
|                    | of these customs with |                        |
|                    | the overall legal     |                        |
|                    | system."              |                        |
|                    |                       |                        |
|                    | 1\. [Proposal by      |                        |
|                    | Chile for an          |                        |
|                    | additional paragraph, |                        |
|                    | 1999]{.underline}:    |                        |
|                    | "States undertake to  |                        |
|                    | seek, in accordance   |                        |
|                    | their domestic law,   |                        |
|                    | ways to make          |                        |
|                    | traditional medicine  |                        |
|                    | compatible with       |                        |
|                    | scientific medicine." |                        |
+--------------------+-----------------------+------------------------+

+--------------------+-----------------------+------------------------+
| 2\. Indigenous     | [REPRESENTATIVES OF   | 2\. The states shall   |
| peoples have the   | THE                   | adopt measures to      |
| right to           | STATES:]{.underline}  | protect plants,        |
| protection of      |                       | animals, and minerals  |
| vital medicinal    | 2\. [From the         | used for medicinal     |
| plants, animals,   | November 1999         | purposes by indigenous |
| and minerals in    | meeting]{.underline}: | peoples in their       |
| their traditional  | Indigenous peoples    | traditional            |
| territories.       | have the right to     | territories and lands. |
|                    | protection of (live   |                        |
|                    | organisms and)        |                        |
|                    | (medicinal plants,    |                        |
|                    | animals, and)         |                        |
|                    | minerals (used for    |                        |
|                    | medicinal purposes)   |                        |
|                    | that are vital for    |                        |
|                    | survival in their     |                        |
|                    | traditional           |                        |
|                    | territories.          |                        |
|                    |                       |                        |
|                    | 2\. [Proposal by the  |                        |
|                    | US,                   |                        |
|                    | 1999:]{.underline}    |                        |
|                    | "States should take   |                        |
|                    | reasonable measures   |                        |
|                    | to protect from       |                        |
|                    | endangerment or       |                        |
|                    | extinction medicinal  |                        |
|                    | plants and animals    |                        |
|                    | that are vital to     |                        |
|                    | indigenous medicine." |                        |
|                    |                       |                        |
|                    | 2\. [Proposal by      |                        |
|                    | Canada,               |                        |
|                    | 1999:]{.underline}    |                        |
|                    | "States shall         |                        |
|                    | endeavor to protect   |                        |
|                    | medicinal plants,     |                        |
|                    | animals, and minerals |                        |
|                    | of indigenous peoples |                        |
|                    | in their traditional  |                        |
|                    | territories."         |                        |
+--------------------+-----------------------+------------------------+

+--------------------+-----------------------+------------------------+
| 3\. Indigenous     | [REPRESENTATIVES OF   | 3\. Indigenous peoples |
| peoples shall be   | THE                   | shall have the right   |
| entitled to use,   | STATES:]{.underline}  | to use, maintain,      |
| maintain, develop  |                       | develop, and manage    |
| and manage their   | 3\. [From the         | their own health       |
| own health         | November 1999         | services in accordance |
| services, and they | meeting:]{.underline} | with nationally and    |
| shall also have    | Indigenous peoples    | internationally        |
| access, on an      | shall have the right  | accepted standards.    |
| equal footing, to  | to use, maintain,     |                        |
| all health         | develop, and manage   |                        |
| institutions and   | their own health      |                        |
| services and       | services (in          |                        |
| medical care       | accordance with       |                        |
| accessible to the  | national standards    |                        |
| general            | and, under the same   |                        |
| population.        | terms as other        |                        |
|                    | members of society,   |                        |
|                    | indigenous            |                        |
|                    | individuals shall     |                        |
|                    | also have access)     |                        |
|                    | (and should also have |                        |
|                    | access,) without      |                        |
|                    | discrimination, to    |                        |
|                    | all health            |                        |
|                    | institutions and      |                        |
|                    | services and medical  |                        |
|                    | care (available to    |                        |
|                    | the general           |                        |
|                    | population).          |                        |
|                    |                       |                        |
|                    | 3*.* [Proposal by the |                        |
|                    | US,                   |                        |
|                    | 1999:]{.underline}    |                        |
|                    | "Where circumstances  |                        |
|                    | so warrant, states,   |                        |
|                    | in consultation with  |                        |
|                    | indigenous peoples,   |                        |
|                    | should take measures  |                        |
|                    | to improve health     |                        |
|                    | conditions in         |                        |
|                    | indigenous societies  |                        |
|                    | and assist them in    |                        |
|                    | maintaining health    |                        |
|                    | conditions in         |                        |
|                    | accordance with       |                        |
|                    | nationally and        |                        |
|                    | internationally       |                        |
|                    | accepted standards."  |                        |
|                    |                       |                        |
|                    | [INDIGENOUS           |                        |
|                    | REPRESEN              |                        |
|                    | TATIVES:]{.underline} |                        |
|                    |                       |                        |
|                    | 3*.* [Written         |                        |
|                    | proposal from the     |                        |
|                    | 2001 meeting by Paulo |                        |
|                    | Celso Oliveira,       |                        |
|                    | *indigenous           |                        |
|                    | representative of*    |                        |
|                    | Brazil]{.underline}:  |                        |
|                    | "In paragraph 3, we   |                        |
|                    | propose that the      |                        |
|                    | terms "shall be       |                        |
|                    | entitled" and "shall  |                        |
|                    | ... have access" be   |                        |
|                    | replaced by "are      |                        |
|                    | entitled." This       |                        |
|                    | recognition of the    |                        |
|                    | right to health is    |                        |
|                    | consistent with       |                        |
|                    | Article 24 of the     |                        |
|                    | United Nations Draft  |                        |
|                    | Declaration, Article  |                        |
|                    | 25 of ILO Convention  |                        |
|                    | 169, and Article 5 of |                        |
|                    | the International     |                        |
|                    | Convention on the     |                        |
|                    | Elimination of All    |                        |
|                    | Forms of Racism."     |                        |
+--------------------+-----------------------+------------------------+

+--------------------+-----------------------+------------------------+
| 4\. The states     | [REPRESENTATIVES OF   | 4\. The states shall   |
| shall provide the  | THE                   | provide the necessary  |
| necessary means    | STATES:]{.underline}  | means for indigenous   |
| for indigenous     |                       | peoples to improve any |
| peoples to         | 4\. [From the         | health conditions      |
| eliminate any      | November 1999         | existing in their      |
| health conditions  | meeting:]{.underline} | communities that fall  |
| in their           | The states shall      | below the standards    |
| communities which  | (make best efforts    | accepted for the       |
| fall below the     | to) provide the       | general population.    |
| standards accepted | necessary means for   |                        |
| for the general    | indigenous peoples to |                        |
| population.        | (eliminate) (improve) |                        |
|                    | any health conditions |                        |
|                    | in their communities  |                        |
|                    | that fall below the   |                        |
|                    | standards accepted    |                        |
|                    | for the general       |                        |
|                    | population.           |                        |
|                    |                       |                        |
|                    | 4\. [Proposal by      |                        |
|                    | Brazil for an         |                        |
|                    | additional paragraph, |                        |
|                    | 1999]{.underline}:    |                        |
|                    | "Indigenous peoples   |                        |
|                    | shall be entitled to  |                        |
|                    | fair and equitable    |                        |
|                    | distribution of the   |                        |
|                    | profits generated by  |                        |
|                    | commercial            |                        |
|                    | exploitation of their |                        |
|                    | traditional           |                        |
|                    | know-how."            |                        |
|                    |                       |                        |
|                    | 4\. [New paragraph    |                        |
|                    | proposed by Bolivia,  |                        |
|                    | 1999]{.underline}:    |                        |
|                    | "Indigenous peoples   |                        |
|                    | are entitled to       |                        |
|                    | participate in the    |                        |
|                    | use and exploitation  |                        |
|                    | of renewable natural  |                        |
|                    | resources present in  |                        |
|                    | their traditional     |                        |
|                    | territories."         |                        |
+--------------------+-----------------------+------------------------+

+--------------------+-----------------------+------------------------+
| Article XIII. [The | [REPRESENTATIVES OF   | Article XIII. [Right   |
| right to           | THE                   | to environmental       |
| environmental      | STATES:]{.underline}  | p                      |
| prote              |                       | rotection]{.underline} |
| ction]{.underline} | Article XIII. [Right  |                        |
|                    | to environmental      | 1\. Indigenous peoples |
| 1\. Indigenous     | pr                    | have the right to a    |
| peoples have the   | otection]{.underline} | safe and healthy       |
| right to a safe    |                       | environment, which is  |
| and healthy        | 1\. [From the         | an essential condition |
| environment, which | November 1999         | for enjoyment of the   |
| is an essential    | meeting]{.underline}: | right to life and      |
| condition for      | (States shall make    | collective well-being. |
| enjoyment of the   | best efforts to       |                        |
| right to life and  | provide indigenous    |                        |
| collective         | peoples with)         |                        |
| well-being.        | (Indigenous peoples   |                        |
|                    | are entitled to) a    |                        |
|                    | safe and healthy      |                        |
|                    | environment, which is |                        |
|                    | an essential          |                        |
|                    | condition for         |                        |
|                    | enjoyment of the      |                        |
|                    | right to life and     |                        |
|                    | collective            |                        |
|                    | well-being, (and      |                        |
|                    | indigenous peoples    |                        |
|                    | shall also enjoy      |                        |
|                    | possession and use of |                        |
|                    | resources that are    |                        |
|                    | not of strategic      |                        |
|                    | importance to the     |                        |
|                    | state).               |                        |
|                    |                       |                        |
|                    | 1\. [Proposal by the  |                        |
|                    | US, 1999]{.underline} |                        |
|                    | "States should take   |                        |
|                    | reasonable measures   |                        |
|                    | to ensure that        |                        |
|                    | regions inhabited by  |                        |
|                    | indigenous peoples    |                        |
|                    | enjoy the same        |                        |
|                    | measure of protection |                        |
|                    | under environmental   |                        |
|                    | legislation and       |                        |
|                    | through enforcement   |                        |
|                    | action as others      |                        |
|                    | within the national   |                        |
|                    | territory."           |                        |
+--------------------+-----------------------+------------------------+

+--------------------+-----------------------+------------------------+
| 2\. Indigenous     | [REPRESENTATIVES OF   | 2\. Indigenous peoples |
| peoples have the   | THE                   | have the right to be   |
| right to be        | STATES:]{.underline}  | informed of and        |
| informed of        |                       | consulted regarding    |
| measures which     | 2\. [From the         | measures that could    |
| could affect their | November 1999         | affect their           |
| environment,       | meeting:]{.underline} | environment, and to    |
| including          | Indigenous peoples    | participate in actions |
| information        | have the right to be  | and decisions that     |
| ensuring their     | informed of (and      | might affect it.       |
| effective          | consulted regarding)  |                        |
| participation in   | measures that could   |                        |
| acts and policies  | affect their          |                        |
| which might affect | environment,          |                        |
| it.                | including information |                        |
|                    | ensuring their        |                        |
|                    | effective             |                        |
|                    | participation in acts |                        |
|                    | and policies that     |                        |
|                    | might affect it.      |                        |
|                    |                       |                        |
|                    | 2\. [Proposal by the  |                        |
|                    | US,                   |                        |
|                    | 1999]{.underline}:    |                        |
|                    | "Indigenous           |                        |
|                    | individuals are       |                        |
|                    | entitled to           |                        |
|                    | nondiscriminatory     |                        |
|                    | access to information |                        |
|                    | on environmental      |                        |
|                    | hazards and           |                        |
|                    | participation in the  |                        |
|                    | development of public |                        |
|                    | policy with respect   |                        |
|                    | to the environment."  |                        |
+--------------------+-----------------------+------------------------+

+--------------------+-----------------------+------------------------+
| 3\. Indigenous     | [REPRESENTATIVES OF   | 3\. Indigenous peoples |
| peoples shall have | THE                   | are entitled to        |
| the right to       | STATES:]{.underline}  | conserve, restore,     |
| conserve, restore  |                       | exploit, and protect   |
| and protect their  | 3\. [From the         | their environment and  |
| environment and    | November 1999         | the productive         |
| the productive     | meeting:]{.underline} | capacity of their      |
| capacity of their  | Indigenous peoples    | lands, territories,    |
| lands, territories | are entitled to       | and resources.         |
| and resources.     | conserve, restore,    |                        |
|                    | (exploit,) and        |                        |
|                    | protect their         |                        |
|                    | environment and the   |                        |
|                    | productive capacity   |                        |
|                    | of their \[lands,\]   |                        |
|                    | \[territories,\] and  |                        |
|                    | resources.            |                        |
|                    |                       |                        |
|                    | 3\. [Proposal by the  |                        |
|                    | US,                   |                        |
|                    | 1999:]{.underline}    |                        |
|                    | "As part of the       |                        |
|                    | management of their   |                        |
|                    | own lands, indigenous |                        |
|                    | peoples may regulate  |                        |
|                    | environmental         |                        |
|                    | conditions consistent |                        |
|                    | with applicable state |                        |
|                    | standards and may     |                        |
|                    | participate in the    |                        |
|                    | formulation and       |                        |
|                    | implementation of     |                        |
|                    | governmental          |                        |
|                    | conservation programs |                        |
|                    | undertaken with       |                        |
|                    | respect to those      |                        |
|                    | \[lands\]."           |                        |
+--------------------+-----------------------+------------------------+

+--------------------+-----------------------+------------------------+
| 4\. Indigenous     | [REPRESENTATIVES OF   | 4\. Indigenous peoples |
| peoples have the   | THE                   | have the right of full |
| right to full      | STATES:]{.underline}  | participation in       |
| participation in   |                       | formulating, planning, |
| formulating,       | 4\. [From the         | managing, and applying |
| planning, managing | November 1999         | governmental programs  |
| and applying       | meeting]{.underline}: | and policies for the   |
| governmental       | Indigenous peoples    | conservation and       |
| programs for the   | have the right of     | exploitation of their  |
| conservation of    | full participation in | lands, territories,    |
| their lands,       | formulating,          | and resources.         |
| territories, and   | planning, managing,   |                        |
| resources.         | and applying          |                        |
|                    | governmental programs |                        |
|                    | (and policies) for    |                        |
|                    | the conservation (and |                        |
|                    | exploitation) of      |                        |
|                    | their \[lands,\]      |                        |
|                    | \[territories,\] and  |                        |
|                    | resources.            |                        |
|                    |                       |                        |
|                    | 4\. [Proposal by the  |                        |
|                    | US,                   |                        |
|                    | 1999]{.underline}:    |                        |
|                    | "States are           |                        |
|                    | encouraged to take    |                        |
|                    | measures to help      |                        |
|                    | indigenous peoples    |                        |
|                    | preserve the          |                        |
|                    | environment and       |                        |
|                    | should provide them   |                        |
|                    | with                  |                        |
|                    | nondiscriminatory     |                        |
|                    | access to generally   |                        |
|                    | available programs    |                        |
|                    | for purposes of       |                        |
|                    | environmental         |                        |
|                    | protection."          |                        |
|                    |                       |                        |
|                    | 4\. [Proposal by      |                        |
|                    | Canada,               |                        |
|                    | 1999]{.underline}:    |                        |
|                    | "States shall make    |                        |
|                    | best efforts to       |                        |
|                    | eliminate health      |                        |
|                    | conditions in         |                        |
|                    | indigenous            |                        |
|                    | communities that fall |                        |
|                    | below internationally |                        |
|                    | accepted minimum      |                        |
|                    | standards."           |                        |
+--------------------+-----------------------+------------------------+

+--------------------+-----------------------+------------------------+
| 5\. Indigenous     | [REPRESENTATIVES OF   | 5\. Indigenous peoples |
| peoples shall have | THE                   | shall have the right   |
| the right to       | STATES:]{.underline}  | to assistance from     |
| assistance from    |                       | their states for       |
| their states for   | 5\. [From the         | purposes of            |
| purposes of        | November 1999         | environmental          |
| environmental      | meeting:]{.underline} | protection, and shall  |
| protection, and    | Indigenous peoples    | be allowed to receive  |
| shall be allowed   | shall be entitled to  | assistance from        |
| to receive         | assistance from their | international          |
| assistance from    | states for purposes   | organizations, in      |
| international      | of environmental      | accordance with        |
| organizations.     | protection, and shall | procedures established |
|                    | be allowed to receive | under national law.    |
|                    | assistance from       |                        |
|                    | international         |                        |
|                    | organizations (, in   |                        |
|                    | accordance with       |                        |
|                    | procedures            |                        |
|                    | established under     |                        |
|                    | national law).        |                        |
+--------------------+-----------------------+------------------------+

+--------------------+-----------------------+------------------------+
| 6\. The states     | [REPRESENTATIVES OF   | 6\. The states shall   |
| shall prohibit and | THE                   | prohibit and punish    |
| punish, and in     | STATES:]{.underline}  | and, in conjunction    |
| conjunction with   |                       | with indigenous        |
| the indigenous     | 6\. [From the         | authorities, shall     |
| peoples, shall     | November 1999         | impede the             |
| impede the         | meeting]{.underline}: | introduction,          |
| introduction,      | The states shall      | abandonment, or        |
| abandonment, or    | prohibit and punish   | deposit of radioactive |
| deposit of         | and, in conjunction   | materials or residues  |
| radioactive        | with indigenous       | and toxic substances   |
| materials or       | authorities, shall    | or wastes in           |
| residues, toxic    | impede the            | contravention of legal |
| substances and     | introduction,         | provisions in force;   |
| waste material in  | abandonment, or       | as well as the         |
| contravention of   | deposit of            | production,            |
| legal provisions;  | radioactive materials | introduction,          |
| as well as the     | or residues and toxic | transport, possession, |
| production,        | substances or wastes  | or use of chemical,    |
| introduction,      | in contravention of   | biological, and        |
| transportation,    | legal provisions; as  | nuclear weapons in     |
| possession or use  | well as the           | indigenous territories |
| of chemical,       | production,           | and lands.             |
| biological and     | introduction,         |                        |
| nuclear weapons in | transport,            |                        |
| indigenous areas.  | possession, or use of |                        |
|                    | chemical, biological, |                        |
|                    | and nuclear weapons   |                        |
|                    | in indigenous areas.  |                        |
|                    | (The Chair proposes   |                        |
|                    | including a reference |                        |
|                    | to drug trafficking   |                        |
|                    | and to the transit or |                        |
|                    | possession of or      |                        |
|                    | trafficking in        |                        |
|                    | chemical precursors). |                        |
|                    |                       |                        |
|                    | [INDIGENOUS           |                        |
|                    | REPRESEN              |                        |
|                    | TATIVES:]{.underline} |                        |
|                    |                       |                        |
|                    | 6\. [Written proposal |                        |
|                    | from the 2001 meeting |                        |
|                    | by Paulo Celso        |                        |
|                    | Oliveira, *indigenous |                        |
|                    | representative of*    |                        |
|                    | Brazil]{.underline}:  |                        |
|                    | The text which reads: |                        |
|                    | "in contravention of  |                        |
|                    | legal provisions"     |                        |
|                    | should be replaced by |                        |
|                    | "unless the free and  |                        |
|                    | informed consent of   |                        |
|                    | the affected peoples  |                        |
|                    | has been obtained."   |                        |
|                    |                       |                        |
|                    | 6\. [Proposal by the  |                        |
|                    | *National Congress of |                        |
|                    | American Indians*,    |                        |
|                    | 1999]{.underline}:    |                        |
|                    | amend Article 13,     |                        |
|                    | paragraph 6 of the    |                        |
|                    | proposed declaration  |                        |
|                    | by replacing the      |                        |
|                    | phrase "in            |                        |
|                    | contravention of      |                        |
|                    | legal provisions"     |                        |
|                    | with "unless the free |                        |
|                    | and informed consent  |                        |
|                    | of the affected       |                        |
|                    | peoples has been      |                        |
|                    | obtained."            |                        |
+--------------------+-----------------------+------------------------+

+--------------------+-----------------------+------------------------+
| 7\. When a State   | [REPRESENTATIVES OF   | 7\. When a state       |
| declares an        | THE                   | declares an indigenous |
| indigenous         | STATES:]{.underline}  | territory to be a      |
| territory to be a  |                       | protected area or      |
| protected area,    | 7\. [From the         | subject to wildlife    |
| and in the case of | November 1999         | reserve status, and in |
| any lands,         | meeting:]{.underline} | the case of lands and  |
| territories and    | When a state declares | territories claimed by |
| resources under    | an indigenous         | indigenous peoples,    |
| potential or       | territory to be a     | the conservation areas |
| actual claim by    | protected area, and   | shall not be subject   |
| indigenous         | in the case of any    | to any natural         |
| peoples, as well   | \[lands\],            | resource development   |
| as locales used as | \[territories\]       | without the informed   |
| natural            | \[under potential or  | participation of the   |
| biopreserves,      | actual claim\] by     | peoples concerned.     |
| conservation areas | indigenous peoples,   |                        |
| shall not be       | as well as \[lands\]  |                        |
| subject to any     | used as natural       |                        |
| natural resource   | biopreserves,         |                        |
| development        | conservation areas    |                        |
| without the        | shall not be subject  |                        |
| informed consent   | to any natural        |                        |
| and participation  | resource development  |                        |
| of the peoples     | without the\[         |                        |
| concerned.         | informed consent      |                        |
|                    | and\] (informed)      |                        |
|                    | participation of the  |                        |
|                    | peoples concerned.    |                        |
|                    |                       |                        |
|                    | [INDIGENOUS           |                        |
|                    | REPRESEN              |                        |
|                    | TATIVES:]{.underline} |                        |
|                    |                       |                        |
|                    | 7\. [From the         |                        |
|                    | November 1999         |                        |
|                    | meeting:]{.underline} |                        |
|                    | When a state declares |                        |
|                    | an indigenous         |                        |
|                    | territory to be a     |                        |
|                    | protected area, and   |                        |
|                    | in the case of any    |                        |
|                    | \[lands\],            |                        |
|                    | \[territories\]       |                        |
|                    | \[under potential or  |                        |
|                    | actual claim\] by     |                        |
|                    | indigenous peoples,   |                        |
|                    | as well as \[lands\]  |                        |
|                    | used as natural       |                        |
|                    | biopreserves,         |                        |
|                    | conservation areas    |                        |
|                    | shall not be subject  |                        |
|                    | to any natural        |                        |
|                    | resource development  |                        |
|                    | without the\[         |                        |
|                    | informed consent      |                        |
|                    | and\] (informed)      |                        |
|                    | participation of the  |                        |
|                    | peoples concerned.    |                        |
|                    |                       |                        |
|                    | 7\. [Written proposal |                        |
|                    | from the 2001 meeting |                        |
|                    | by Paulo Celso        |                        |
|                    | Oliveira, *indigenous |                        |
|                    | representative of*    |                        |
|                    | Brazil]{.underline}:  |                        |
|                    | "Prior to authorizing |                        |
|                    | or establishing a     |                        |
|                    | protected area on or  |                        |
|                    | near any land,        |                        |
|                    | territory, or         |                        |
|                    | resources, under      |                        |
|                    | actual or potential   |                        |
|                    | claim by indigenous   |                        |
|                    | peoples, states shall |                        |
|                    | obtain the free and   |                        |
|                    | informed consent of   |                        |
|                    | the indigenous        |                        |
|                    | peoples. Protected    |                        |
|                    | areas shall not be    |                        |
|                    | subject to natural    |                        |
|                    | resource or any other |                        |
|                    | type of development   |                        |
|                    | without the free and  |                        |
|                    | informed consent of   |                        |
|                    | the indigenous        |                        |
|                    | peoples concerned.    |                        |
|                    |                       |                        |
|                    | Indigenous peoples    |                        |
|                    | have the right to     |                        |
|                    | declare, wholly or in |                        |
|                    | part, their           |                        |
|                    | territories as        |                        |
|                    | indigenous-owned and  |                        |
|                    | managed protected     |                        |
|                    | areas. The state      |                        |
|                    | shall recognize and   |                        |
|                    | respect such          |                        |
|                    | declarations."        |                        |
|                    |                       |                        |
|                    | 7\. [Proposal by the  |                        |
|                    | *National Congress of |                        |
|                    | American Indians*,    |                        |
|                    | 1999]{.underline}:    |                        |
|                    | "When the state is    |                        |
|                    | giving consideration  |                        |
|                    | to establishing a     |                        |
|                    | protected area on or  |                        |
|                    | near to an indigenous |                        |
|                    | territory, legally    |                        |
|                    | recognized or under   |                        |
|                    | claim, the state      |                        |
|                    | shall obtain the free |                        |
|                    | and informed consent  |                        |
|                    | of the affected       |                        |
|                    | indigenous peoples    |                        |
|                    | prior to authorizing  |                        |
|                    | or implementing such  |                        |
|                    | a proposal. Protected |                        |
|                    | areas shall not be    |                        |
|                    | subject to natural    |                        |
|                    | resource development  |                        |
|                    | without the free and  |                        |
|                    | informed consent of   |                        |
|                    | the affected          |                        |
|                    | indigenous peoples.   |                        |
|                    |                       |                        |
|                    | Indigenous peoples    |                        |
|                    | have the right to     |                        |
|                    | declare, wholly or in |                        |
|                    | part, their           |                        |
|                    | territories as        |                        |
|                    | indigenous-owned and  |                        |
|                    | managed protected     |                        |
|                    | areas and the state   |                        |
|                    | shall recognize and   |                        |
|                    | respect such          |                        |
|                    | decision."            |                        |
+--------------------+-----------------------+------------------------+

+--------------------+-----------------------+------------------------+
| **SECTION FOUR.    | ##### SECTION         | ##### SECTI            |
| ORGANIZATIONAL AND |  FOUR. ORGANIZATIONAL | ON FOUR. ORGANIZATIONA |
| POLITICAL RIGHTS** |  AND POLITICAL RIGHTS | L AND POLITICAL RIGHTS |
|                    |                       |                        |
| Article XIV. [The  | Article XIV. [Rights  | Article XIV. [Rights   |
| rights of          | of association,       | of association,        |
| association,       | assembly, freedom of  | assembly, freedom of   |
| assembly, freedom  | expression, and       | expression, and        |
| of expression and  | freedom of            | freedom of             |
| freedom of         | thought]{.underline}  | thought]{.underline}   |
| th                 |                       |                        |
| ought]{.underline} | [REPRESENTATIVES OF   | 1\. Indigenous peoples |
|                    | THE                   | and individuals have   |
| 1\. Indigenous     | STATES:]{.underline}  | the right of           |
| peoples have the   |                       | association, assembly, |
| right of           | 1\. [From the meeting | and expression         |
| association,       | of November           | according to their     |
| assembly and       | 1999]{.underline}:    | values, usages,        |
| expression         | Indigenous peoples    | customs, ancestral     |
| pursuant to their  | have the right of     | traditions, beliefs,   |
| values, usages,    | association,          | and religions.         |
| customs, ancestral | assembly, and         |                        |
| traditions,        | expression according  |                        |
| beliefs and        | to their values,      |                        |
| religions.         | usages, customs,      |                        |
|                    | ancestral traditions, |                        |
|                    | beliefs, and          |                        |
|                    | religions (, in       |                        |
|                    | keeping with national |                        |
|                    | law) (and bearing in  |                        |
|                    | mind the              |                        |
|                    | international         |                        |
|                    | instruments on the    |                        |
|                    | matter).              |                        |
|                    |                       |                        |
|                    | 1\. [United States    |                        |
|                    | proposal,             |                        |
|                    | 1999]{.underline}:    |                        |
|                    | Indigenous            |                        |
|                    | individuals have the  |                        |
|                    | right to freedom of   |                        |
|                    | association,          |                        |
|                    | assembly, opinion,    |                        |
|                    | and expression.       |                        |
|                    |                       |                        |
|                    | [INDIGENOUS           |                        |
|                    | REPRESEN              |                        |
|                    | TATIVES:]{.underline} |                        |
|                    |                       |                        |
|                    | 1\. [Proposal by the  |                        |
|                    | National Congress of  |                        |
|                    | American Indians, the |                        |
|                    | Amerindian Peoples    |                        |
|                    | Association of        |                        |
|                    | Guyana, and the       |                        |
|                    | Toledo Maya Cultural  |                        |
|                    | Council, and the      |                        |
|                    | Upper Sioux           |                        |
|                    | Community,            |                        |
|                    | 1999]{.underline}:    |                        |
|                    | That the first phrase |                        |
|                    | of paragraph 1 read,  |                        |
|                    | "Indigenous peoples   |                        |
|                    | and individuals."     |                        |
+--------------------+-----------------------+------------------------+

+--------------------+-----------------------+------------------------+
| 2\. Indigenous     | [REPRESENTATIVES OF   | 2\. Indigenous peoples |
| peoples have the   | THE                   | have the right of      |
| right of assembly  | STATES:]{.underline}  | assembly and to the    |
| and to the use of  |                       | use of their sacred    |
| their sacred and   | 2\. [From the meeting | and ceremonial areas,  |
| ceremonial areas,  | of November           | observing the rights   |
| as well as the     | 1999:]{.underline}    | of third parties. They |
| right to full      | Indigenous peoples    | also have the right to |
| contact and common | have the right of     | maintain full contact  |
| activities with    | assembly and the      | and common activities  |
| their members      | right of use of their | with their members     |
| living in the      | sacred and ceremonial | living in the          |
| territory of       | areas, as well as the | territory of           |
| neighboring        | right to full contact | neighboring states,    |
| states.            | and common activities | subject to reasonable  |
|                    | with their members    | and nondiscriminatory  |
|                    | living in the         | immigration and        |
|                    | territory of          | customs regulations.   |
|                    | neighboring states (, |                        |
|                    | in keeping with state |                        |
|                    | border control        |                        |
|                    | regulations).         |                        |
|                    |                       |                        |
|                    | 2\. [Proposal by the  |                        |
|                    | CJI,                  |                        |
|                    | 1999]{.underline}:    |                        |
|                    | "In those cases where |                        |
|                    | a single indigenous   |                        |
|                    | population is         |                        |
|                    | established in the    |                        |
|                    | territory of two or   |                        |
|                    | more states, the      |                        |
|                    | latter shall spare no |                        |
|                    | reasonable            |                        |
|                    | effort--without       |                        |
|                    | prejudice to their    |                        |
|                    | public policy, to     |                        |
|                    | their security and    |                        |
|                    | defense, or to        |                        |
|                    | measures necessary to |                        |
|                    | prevent criminal or   |                        |
|                    | illicit               |                        |
|                    | activities--to        |                        |
|                    | preserve              |                        |
|                    | communication,        |                        |
|                    | cooperation, and      |                        |
|                    | traditional exchanges |                        |
|                    | among individuals     |                        |
|                    | belonging to that     |                        |
|                    | indigenous            |                        |
|                    | population."          |                        |
|                    |                       |                        |
|                    | 2\. [Proposal by      |                        |
|                    | Canada,               |                        |
|                    | 1999]{.underline}:    |                        |
|                    | "Indigenous peoples   |                        |
|                    | have the right of     |                        |
|                    | assembly and to the   |                        |
|                    | use of their sacred   |                        |
|                    | and ceremonial areas, |                        |
|                    | subject to the        |                        |
|                    | existing rights of    |                        |
|                    | third parties. They   |                        |
|                    | also have the right   |                        |
|                    | to maintain and       |                        |
|                    | develop contacts,     |                        |
|                    | relations and         |                        |
|                    | undertake activities  |                        |
|                    | with their members,   |                        |
|                    | and with other        |                        |
|                    | indigenous peoples,   |                        |
|                    | across borders, which |                        |
|                    | may be subject to     |                        |
|                    | reasonable and        |                        |
|                    | non-discriminatory    |                        |
|                    | customs and           |                        |
|                    | immigration           |                        |
|                    | regulation."          |                        |
|                    |                       |                        |
|                    | 2\. [Proposal by      |                        |
|                    | United States,        |                        |
|                    | 1999]{.underline}.    |                        |
|                    | "Indigenous           |                        |
|                    | individuals have the  |                        |
|                    | right to full contact |                        |
|                    | and common activities |                        |
|                    | with sectors and      |                        |
|                    | members of their      |                        |
|                    | ethnic groups living  |                        |
|                    | in the territory of   |                        |
|                    | neighboring states,   |                        |
|                    | subject to the        |                        |
|                    | nondiscriminatory     |                        |
|                    | enforcement of        |                        |
|                    | customs and           |                        |
|                    | immigration laws."    |                        |
|                    |                       |                        |
|                    | [INDIGENOUS           |                        |
|                    | REPRESEN              |                        |
|                    | TATIVES:]{.underline} |                        |
|                    |                       |                        |
|                    | 2\. [Proposal by the  |                        |
|                    | National Congress of  |                        |
|                    | American Indians, the |                        |
|                    | Amerindian Peoples    |                        |
|                    | Association of        |                        |
|                    | Guyana, and the       |                        |
|                    | Toledo Maya Cultural  |                        |
|                    | Council, and the      |                        |
|                    | Upper Sioux           |                        |
|                    | Community,            |                        |
|                    | 1999]{.underline}:    |                        |
|                    | "Indigenous peoples   |                        |
|                    | and individuals have  |                        |
|                    | the right to the use  |                        |
|                    | of their sacred and   |                        |
|                    | ceremonial areas as   |                        |
|                    | well as the right to  |                        |
|                    | establish and         |                        |
|                    | maintain, without any |                        |
|                    | discrimination, free  |                        |
|                    | and peaceful contacts |                        |
|                    | with other indigenous |                        |
|                    | peoples and           |                        |
|                    | individuals that live |                        |
|                    | in the territories of |                        |
|                    | neighboring states or |                        |
|                    | across state          |                        |
|                    | borders."             |                        |
+--------------------+-----------------------+------------------------+

+--------------------+-----------------------+------------------------+
| Article XV. [The   | [REPRESENTATIVES OF   | Article XV. [Right to  |
| right to self      | THE                   | self-g                 |
| gover              | STATES:]{.underline}  | overnment]{.underline} |
| nment]{.underline} |                       |                        |
|                    | Article XV. \[[Right  | 1\. Indigenous         |
| 1\. Indigenous     | of                    | peoples, in exercising |
| peoples have the   | self-gove             | their right of         |
| right to freely    | rnment\]]{.underline} | self-determination,    |
| determine their    |                       | have the internal      |
| political status   | 1\. [From the meeting | right to autonomy or   |
| and freely pursue  | of November           | self-government in     |
| their economic,    | 1999]{.underline}:    | matters related to     |
| social, spiritual  | Indigenous peoples    | their local affairs,   |
| and cultural       | have the right to     | including the          |
| development, and   | freely determine      | determination of       |
| are therefore,     | (their traditional    | membership, culture,   |
| entitled to        | forms of communal     | language, religion,    |
| autonomy or        | association) (their   | education,             |
| self-government    | political status) and | information, media,    |
| with regard to     | freely pursue their   | health, housing,       |
| *inter alia*       | economic, social,     | employment, social     |
| culture, religion, | spiritual, and        | welfare, maintenance   |
| education,         | cultural development, | of community security, |
| information,       | and are therefore     | family relations,      |
| media, health,     | entitled to           | economic activities,   |
| housing,           | (participate in       | land and resource      |
| employment, social | managing their        | management, the        |
| welfare, economic  | specific              | environment, and entry |
| activities, land   | institutions)         | by nonmembers, and to  |
| and resource       | \[autonomy or         | determine ways and     |
| management, the    | self-government\]     | means for financing    |
| environment and    | with regard, *inter   | these autonomous       |
| entry by           | alia,* to culture,    | functions.             |
| nonmembers; and to | religion, education,  |                        |
| determine ways and | information, media,   |                        |
| means for          | health, housing,      |                        |
| financing these    | employment, social    |                        |
| autonomous         | welfare, economic     |                        |
| functions.         | activities, land and  |                        |
|                    | resource management,  |                        |
|                    | the environment, and  |                        |
|                    | entry by nonmembers;  |                        |
|                    | and to determine ways |                        |
|                    | and means for         |                        |
|                    | financing these       |                        |
|                    | autonomous functions. |                        |
|                    |                       |                        |
|                    | 1\. [Proposal by      |                        |
|                    | United States,        |                        |
|                    | 1999]{.underline}.    |                        |
|                    | "States should        |                        |
|                    | recognize, where      |                        |
|                    | appropriate and on    |                        |
|                    | the basis of a fair   |                        |
|                    | and open process, a   |                        |
|                    | broad range of        |                        |
|                    | autonomy for          |                        |
|                    | indigenous peoples to |                        |
|                    | manage their local    |                        |
|                    | and internal affairs, |                        |
|                    | including social,     |                        |
|                    | economic, and         |                        |
|                    | cultural matters.     |                        |
|                    | States are encouraged |                        |
|                    | to utilize indigenous |                        |
|                    | peoples to deliver    |                        |
|                    | social and economic   |                        |
|                    | services to           |                        |
|                    | indigenous            |                        |
|                    | societies."           |                        |
|                    |                       |                        |
|                    | \* [Note by the Chair |                        |
|                    | during the November   |                        |
|                    | 1999 meeting: This    |                        |
|                    | question              |                        |
|                    | (paragraph 1) depends |                        |
|                    | upon the outcome of   |                        |
|                    | the section on        |                        |
|                    | defi                  |                        |
|                    | nitions]{.underline}. |                        |
|                    |                       |                        |
|                    | [INDIGENOUS           |                        |
|                    | REPRESEN              |                        |
|                    | TATIVES:]{.underline} |                        |
|                    |                       |                        |
|                    | 1\. [Proposal by the  |                        |
|                    | National Congress of  |                        |
|                    | American Indians, the |                        |
|                    | Amerindian People     |                        |
|                    | Association of        |                        |
|                    | Guyana, and the       |                        |
|                    | Toledo Maya Cultural  |                        |
|                    | Council, and the      |                        |
|                    | Upper Sioux Community |                        |
|                    | 1999:]{.underline}    |                        |
|                    | "Indigenous peoples   |                        |
|                    | have the right to     |                        |
|                    | self-determination.   |                        |
|                    | By virtue of that     |                        |
|                    | right they freely     |                        |
|                    | determine their       |                        |
|                    | political status and  |                        |
|                    | freely pursue their   |                        |
|                    | economic, social,     |                        |
|                    | spiritual, and        |                        |
|                    | cultural development. |                        |
|                    | As a specific form of |                        |
|                    | exercising their      |                        |
|                    | right to              |                        |
|                    | self-determination,   |                        |
|                    | they have the right   |                        |
|                    | to autonomy and       |                        |
|                    | self-government with  |                        |
|                    | regard to, [inter     |                        |
|                    | alia]{.underline},    |                        |
|                    | culture, religion,    |                        |
|                    | education,            |                        |
|                    | information, media,   |                        |
|                    | health, housing,      |                        |
|                    | employment, social    |                        |
|                    | welfare, economic     |                        |
|                    | activities, land and  |                        |
|                    | resource management,  |                        |
|                    | the environment, and  |                        |
|                    | entry by nonmembers;  |                        |
|                    | and to determine ways |                        |
|                    | and means of          |                        |
|                    | financing these       |                        |
|                    | autonomous            |                        |
|                    | functions."           |                        |
+--------------------+-----------------------+------------------------+

+--------------------+-----------------------+------------------------+
| 2\. Indigenous     | [REPRESENTATIVES OF   | 2\. Indigenous peoples |
| peoples have the   | THE                   | have the right to      |
| right to           | STATES:]{.underline}  | participate without    |
| participate        |                       | discrimination, if     |
| without            | 2\. [From the meeting | they so decide, in     |
| discrimination, if | of November           | decision-making, at    |
| they so decide, in | 1999]{.underline}:    | all levels, concerning |
| decision-making,   | Indigenous peoples    | matters which might    |
| at all levels,     | have the right to     | affect their rights,   |
| concerning matters | participate without   | lives, and destiny.    |
| which might affect | discrimination, if    | They may do so         |
| their rights,      | they so decide, in    | directly or through    |
| lives and destiny. | decision-making, at   | representatives chosen |
| They may do so     | all levels,           | by them according to   |
| directly or        | concerning matters    | their own procedures.  |
| through            | which might affect    | They shall also have   |
| representatives    | their rights, lives,  | the right to maintain  |
| chosen by them     | and destiny. They may | and develop their own  |
| pursuant to their  | do so directly or     | indigenous             |
| own procedures.    | through               | decision-making        |
| They shall also    | representatives       | institutions, as well  |
| have the right to  | chosen by them        | as equal opportunities |
| maintain and       | according to their    | to gain access to, and |
| develop their own  | own procedures. They  | participate in, all    |
| indigenous         | shall also have the   | national institutions  |
| decision-making    | right to maintain and | and fora.              |
| institutions, as   | develop their own     |                        |
| well as equal      | indigenous            |                        |
| opportunities to   | decision-making       |                        |
| gain access to,    | institutions, as well |                        |
| and participate    | as equal              |                        |
| in, all state      | opportunities to gain |                        |
| institutions and   | access to, and        |                        |
| fora.              | participate in, all   |                        |
|                    | national institutions |                        |
|                    | and fora.             |                        |
|                    |                       |                        |
|                    | 2\. [Proposal by      |                        |
|                    | United States,        |                        |
|                    | 1999]{.underline}:    |                        |
|                    | "Indigenous           |                        |
|                    | individuals have the  |                        |
|                    | right to participate  |                        |
|                    | on an equal basis     |                        |
|                    | with other citizens   |                        |
|                    | in all national fora, |                        |
|                    | including local,      |                        |
|                    | provincial, and       |                        |
|                    | national elections.   |                        |
|                    | Where a state\'s      |                        |
|                    | policy, decision, or  |                        |
|                    | action will have a    |                        |
|                    | direct effect on      |                        |
|                    | indigenous property,  |                        |
|                    | rights, or other      |                        |
|                    | interests, states are |                        |
|                    | encouraged to provide |                        |
|                    | indigenous peoples or |                        |
|                    | their representatives |                        |
|                    | the opportunity to be |                        |
|                    | heard on the          |                        |
|                    | subject.*"*           |                        |
+--------------------+-----------------------+------------------------+

+--------------------+-----------------------+------------------------+
| Article XVI.       | Article XVI.          | Article XVI.           |
| [Indigenous        | [Indigenous           | [Indigenous            |
| law]{.underline}   | law]{.underline}      | law]{.underline}       |
|                    |                       |                        |
| 1\. Indigenous law | [REPRESENTATIVES OF   | 1\. "Indigenous law    |
| shall be           | THE                   | shall be recognized as |
| recognized as a    | STATES:]{.underline}  | an integral part of    |
| part of the        |                       | states' legal systems, |
| states\' legal     | 1\. [From the meeting | of the framework for   |
| system and         | of November           | social and economic    |
| framework in which | 1999:]{.underline}    | development of         |
| the states\'       | Indigenous law shall  | indigenous peoples,    |
| social and         | be recognized as a    | and of the plural      |
| economic           | part of \[the         | nature of states.      |
| development takes  | states\' legal        |                        |
| place.             | systems and\] the     |                        |
|                    | framework in which    |                        |
|                    | the states' social    |                        |
|                    | and economic          |                        |
|                    | development takes     |                        |
|                    | place.                |                        |
|                    |                       |                        |
|                    | 1\. [Proposal by      |                        |
|                    | Mexico,               |                        |
|                    | 1999]{.underline}.    |                        |
|                    | "The law of           |                        |
|                    | indigenous peoples    |                        |
|                    | shall be recognized   |                        |
|                    | as part of the legal  |                        |
|                    | system, framework for |                        |
|                    | social and economic   |                        |
|                    | development, and      |                        |
|                    | pluralism of states." |                        |
|                    |                       |                        |
|                    | 1\. [Proposal by      |                        |
|                    | United States,        |                        |
|                    | 1999]{.underline}.    |                        |
|                    | "Indigenous law shall |                        |
|                    | be recognized as an   |                        |
|                    | integral part of      |                        |
|                    | state legal systems   |                        |
|                    | and the framework for |                        |
|                    | social and economic   |                        |
|                    | development of        |                        |
|                    | indigenous peoples."  |                        |
|                    |                       |                        |
|                    | 1\. [Proposal by      |                        |
|                    | Argentina,            |                        |
|                    | 1999]{.underline}.    |                        |
|                    | "Indigenous law shall |                        |
|                    | be taken into account |                        |
|                    | when decisions        |                        |
|                    | involving indigenous  |                        |
|                    | peoples are adopted." |                        |
+--------------------+-----------------------+------------------------+

+--------------------+-----------------------+------------------------+
| 2\. Indigenous     | [REPRESENTATIVES OF   | 2\. The states, where  |
| peoples have the   | THE                   | appropriate, shall     |
| right to maintain  | STATES:]{.underline}  | take measures to       |
| and reinforce      |                       | enhance the capacity   |
| their legal        | 2\. [From the meeting | of indigenous peoples  |
| systems and apply  | of November           | to maintain and        |
| them to affairs    | 1999]{.underline}:    | strengthen their own   |
| within their       | Indigenous peoples    | legal systems with     |
| communities,       | have the right to     | respect to internal    |
| including systems  | maintain and          | matters, including     |
| addressing such    | reinforce their       | control of real        |
| matters as         | (legal) (regulatory)  | property and natural   |
| conflict           | systems and to apply  | resources, resolution  |
| resolution, crime  | them to affairs       | of disputes within and |
| prevention and the | within their          | between indigenous     |
| maintenance of     | communities,          | peoples, law           |
| peace and harmony. | including systems     | enforcement, and       |
|                    | addressing such       | maintenance of         |
|                    | matters as conflict   | internal harmony.      |
|                    | resolution, crime     |                        |
|                    | prevention, and the   |                        |
|                    | maintenance of peace  |                        |
|                    | and harmony.          |                        |
|                    |                       |                        |
|                    | 2\. [Proposal by      |                        |
|                    | United States,        |                        |
|                    | 1999]{.underline}.    |                        |
|                    | "States, where        |                        |
|                    | appropriate, should   |                        |
|                    | take measures to      |                        |
|                    | enhance the capacity  |                        |
|                    | of indigenous peoples |                        |
|                    | to maintain and       |                        |
|                    | strengthen their own  |                        |
|                    | legal systems with    |                        |
|                    | respect to internal   |                        |
|                    | matters, including    |                        |
|                    | control of real       |                        |
|                    | property and natural  |                        |
|                    | resources, resolution |                        |
|                    | of disputes within    |                        |
|                    | and between           |                        |
|                    | indigenous peoples,   |                        |
|                    | law enforcement, and  |                        |
|                    | maintenance of        |                        |
|                    | internal peace and    |                        |
|                    | harmony."             |                        |
|                    |                       |                        |
|                    | **\*Note:** The       |                        |
|                    | intent of the United  |                        |
|                    | States proposal is to |                        |
|                    | merge paragraphs 2    |                        |
|                    | and 3.                |                        |
|                    |                       |                        |
|                    | [INDIGENOUS           |                        |
|                    | REPRESEN              |                        |
|                    | TATIVES:]{.underline} |                        |
|                    |                       |                        |
|                    | 2\. [Proposal by the  |                        |
|                    | National Congress of  |                        |
|                    | American Indians, the |                        |
|                    | Ameridian People      |                        |
|                    | Association of        |                        |
|                    | Guyana, and the       |                        |
|                    | Toledo Maya Cultural  |                        |
|                    | Council, and the      |                        |
|                    | Upper Sioux           |                        |
|                    | Co                    |                        |
|                    | mmunity]{.underline}: |                        |
|                    | "The official         |                        |
|                    | decisions, rulings,   |                        |
|                    | and actions of        |                        |
|                    | indigenous            |                        |
|                    | institutions shall be |                        |
|                    | fully recognized,     |                        |
|                    | honored, and enforced |                        |
|                    | by the institutions   |                        |
|                    | of the state."        |                        |
+--------------------+-----------------------+------------------------+

+--------------------+-----------------------+------------------------+
| 3\. In the         | [REPRESENTATIVES OF   | 3\. In the             |
| jurisdiction of    | THE                   | jurisdiction of each   |
| each state,        | STATES:]{.underline}  | state, procedures      |
| procedures         |                       | involving indigenous   |
| involving          | 3\. [From the meeting | persons or their       |
| indigenous persons | of November           | interests shall be     |
| or their interests | 1999]{.underline}: In | conducted in such a    |
| shall be conducted | the jurisdiction of   | way as to ensure the   |
| in such a way as   | each state,           | right of indigenous    |
| to ensure the      | procedures involving  | peoples to full        |
| right of           | indigenous persons or | representation with    |
| indigenous peoples | their interests shall | dignity and equality   |
| to full            | be conducted in such  | before the law.        |
| representation     | a way as to ensure    |                        |
| with dignity and   | the right of          |                        |
| equality before    | indigenous peoples to |                        |
| the law. This      | full representation   |                        |
| shall include      | with dignity and      |                        |
| observance of      | equality before the   |                        |
| indigenous law and | law. \[This (may)     |                        |
| custom and, where  | (shall) include       |                        |
| necessary, use of  | observance of         |                        |
| their language.    | indigenous law and    |                        |
|                    | customs and, where    |                        |
|                    | necessary, (in        |                        |
|                    | criminal              |                        |
|                    | proceedings,) (the    |                        |
|                    | use of) their         |                        |
|                    | language (through     |                        |
|                    | interpretation).      |                        |
|                    |                       |                        |
|                    | 3\. [Proposal by      |                        |
|                    | Venezuela,            |                        |
|                    | 1999]{.underline}.    |                        |
|                    | Venezuela proposes    |                        |
|                    | that the second part  |                        |
|                    | of the paragraph be   |                        |
|                    | deleted.              |                        |
+--------------------+-----------------------+------------------------+

+--------------------+-----------------------+------------------------+
| Article XVII.      | [REPRESENTATIVES OF   | Article XVII.          |
| [National          | THE                   | [National              |
| incorporation of   | STATES:]{.underline}  | incorporation of       |
| indigenous legal   |                       | indigenous legal and   |
| and organizational | Article XVII.         | organizational         |
| sy                 | ([National            | systems]{.underline}   |
| stems]{.underline} | incorporation of      |                        |
|                    | indigenous legal and  |                        |
|                    | organizational        |                        |
|                    | systems)]{.underline} |                        |
|                    |                       |                        |
|                    | [Proposed new         |                        |
|                    | title]{.underline}:   |                        |
|                    | Right of access of    |                        |
|                    | indigenous peoples to |                        |
|                    | state jurisdiction    |                        |
|                    |                       |                        |
|                    | [Proposed new         |                        |
|                    | title]{.underline}:   |                        |
|                    | Incorporation of      |                        |
|                    | traditional practices |                        |
|                    | of indigenous         |                        |
|                    | populations in        |                        |
|                    | national institutions |                        |
+--------------------+-----------------------+------------------------+

+--------------------+-----------------------+------------------------+
| 1\. The states     | [REPRESENTATIVES OF   | 1\. The states shall   |
| shall facilitate   | THE                   | facilitate the         |
| inclusion of the   | STATES:]{.underline}  | incorporation, where   |
| institutions and   |                       | practicable, of the    |
| traditional        | 1\. [From the meeting | institutions and       |
| practices of       | of November           | traditional practices  |
| indigenous peoples | 1999:]{.underline}    | of indigenous peoples  |
| in their           | "The states shall     | in their national      |
| organizational     | facilitate the        | organizational         |
| structures, in     | (incorporation)       | structures, in         |
| consultation with, | (inclusion), where    | consultation with, and |
| and subject to the | practicable, of the   | subject to the consent |
| consent of, the    | institutions and      | of, the peoples        |
| peoples concerned. | traditional practices | concerned.             |
|                    | of indigenous peoples |                        |
|                    | in their (national)   |                        |
|                    | (organizational)      |                        |
|                    | structures, in        |                        |
|                    | consultation with,    |                        |
|                    | and subject to the    |                        |
|                    | consent of, the       |                        |
|                    | peoples concerned.    |                        |
|                    |                       |                        |
|                    | [Proposal by United   |                        |
|                    | States,               |                        |
|                    | 1999]{.underline}     |                        |
|                    | "The states should    |                        |
|                    | facilitate inclusion  |                        |
|                    | within their national |                        |
|                    | organizational        |                        |
|                    | structures, wherever  |                        |
|                    | appropriate, of       |                        |
|                    | institutions and      |                        |
|                    | traditional practices |                        |
|                    | of indigenous         |                        |
|                    | peoples."             |                        |
+--------------------+-----------------------+------------------------+

+--------------------+-----------------------+------------------------+
| 2\. The relevant   | [REPRESENTATIVES OF   | 2\. The relevant       |
| institutions in    | THE                   | institutions in each   |
| each state which   | STATES:]{.underline}  | state which serve      |
| serve indigenous   |                       | indigenous peoples     |
| peoples shall be   | 2\. [From the meeting | shall be designed in   |
| designed in        | of November           | consultation with, and |
| consultation with  | 1999]{.underline}:    | with the participation |
| and are subject to | The relevant          | of, the peoples        |
| the participation  | institutions in each  | concerned, so as to    |
| of, the peoples    | state which serve     | reinforce and promote  |
| concerned so as to | indigenous peoples    | the identity,          |
| reinforce and      | should be designed in | cultures, traditions,  |
| promote the        | consultation with,    | organization, and      |
| identity,          | and with the          | values of those        |
| cultures,          | participation of, the | peoples.               |
| traditions,        | peoples concerned, so |                        |
| organization and   | as to reinforce and   |                        |
| values of those    | promote the identity, |                        |
| peoples.           | cultures, traditions, |                        |
|                    | organization, and     |                        |
|                    | values of those       |                        |
|                    | peoples.              |                        |
|                    |                       |                        |
|                    | 2\. [Proposal by      |                        |
|                    | Mexico,               |                        |
|                    | 1999]{.underline}.    |                        |
|                    | "The institutions of  |                        |
|                    | each state shall be   |                        |
|                    | designed or updated   |                        |
|                    | in consultation with  |                        |
|                    | indigenous peoples,   |                        |
|                    | thereby guaranteeing  |                        |
|                    | their access to state |                        |
|                    | jurisdiction.         |                        |
|                    |                       |                        |
|                    | 2\. [Proposal by      |                        |
|                    | United States,        |                        |
|                    | 1999]{.underline}.    |                        |
|                    | "States are           |                        |
|                    | encouraged in         |                        |
|                    | predominantly         |                        |
|                    | indigenous areas to   |                        |
|                    | facilitate the design |                        |
|                    | and establishment of  |                        |
|                    | institutions that     |                        |
|                    | reflect and reinforce |                        |
|                    | the identity,         |                        |
|                    | culture, and          |                        |
|                    | organization of those |                        |
|                    | populations, to       |                        |
|                    | promote indigenous    |                        |
|                    | participation."       |                        |
|                    |                       |                        |
|                    | [INDIGENOUS           |                        |
|                    | REPRESEN              |                        |
|                    | TATIVES:]{.underline} |                        |
|                    |                       |                        |
|                    | 2\. [Proposal by the  |                        |
|                    | National Congress of  |                        |
|                    | American Indians, the |                        |
|                    | Ameridian People      |                        |
|                    | Association of        |                        |
|                    | Guyana, and the       |                        |
|                    | Toledo Maya Cultural  |                        |
|                    | Council, and the      |                        |
|                    | Upper Sioux           |                        |
|                    | Community,            |                        |
|                    | 1999]{.underline}.    |                        |
|                    | Paragraph 2 should    |                        |
|                    | also ensure that "no  |                        |
|                    | decisions directly    |                        |
|                    | relating to their     |                        |
|                    | rights and interests  |                        |
|                    | are taken without     |                        |
|                    | their free and        |                        |
|                    | informed consent."    |                        |
+--------------------+-----------------------+------------------------+

+--------------------+-----------------------+------------------------+
| **SECTION FIVE.    | **SECTION FIVE.       | **SECTION FIVE.        |
| SOCIAL, ECONOMIC,  | SOCIAL, ECONOMIC AND  | SOCIAL, ECONOMIC AND   |
| AND PROPERTY       | PROPERTY RIGHTS**     | PROPERTY RIGHTS**      |
| RIGHTS**           |                       |                        |
|                    | [REPRESENTATIVES OF   | Article XVIII.         |
| Article XVIII.     | THE                   | [Traditional forms of  |
| [Traditional forms | STATES:]{.underline}  | property ownership.    |
| of property        |                       | Rights to land and     |
| ownership and      | Article XVIII.        | te                     |
| cultural survival. | [Traditional forms of | rritories]{.underline} |
| The rights to land | property ownership    |                        |
| and                | \[and cultural        |                        |
| territ             | survival\]. The       |                        |
| ories]{.underline} | rights to land and    |                        |
|                    | ter                   |                        |
|                    | ritories]{.underline} |                        |
+--------------------+-----------------------+------------------------+

+--------------------+-----------------------+------------------------+
| 1\. Indigenous     | [REPRESENTATIVES OF   | 1\. Indigenous peoples |
| peoples have the   | THE                   | have the right to      |
| right to legal     | STATES:]{.underline}  | legal recognition of   |
| recognition of the |                       | the varied and         |
| varied and         | 1\. [From the meeting | specific forms and     |
| specific forms and | of November           | modalities of their    |
| modalities of      | 1999]{.underline}:    | possession, control,   |
| their possession,  | Indigenous peoples    | and enjoyment of       |
| control, and       | have the right to     | territories and        |
| enjoyment of       | legal recognition of  | property, in           |
| territories and    | their varied and      | accordance with each   |
| property.          | specific forms and    | state's legal system.  |
|                    | modes of possession,  |                        |
|                    | control, and          |                        |
|                    | enjoyment of          |                        |
|                    | \[territories and\]   |                        |
|                    | property (, on the    |                        |
|                    | basis of each state's |                        |
|                    | legal system).        |                        |
|                    |                       |                        |
|                    | 1\. [Proposal by the  |                        |
|                    | United States,        |                        |
|                    | 1999]{.underline}:    |                        |
|                    | "States should        |                        |
|                    | respect the culture   |                        |
|                    | and values of         |                        |
|                    | indigenous peoples    |                        |
|                    | and the special       |                        |
|                    | relationship between  |                        |
|                    | indigenous societies  |                        |
|                    | and their lands and   |                        |
|                    | interests in their    |                        |
|                    | lands, including      |                        |
|                    | traditional uses such |                        |
|                    | as subsistence        |                        |
|                    | farming."             |                        |
|                    |                       |                        |
|                    | 1\. [Proposal by      |                        |
|                    | Mexico,               |                        |
|                    | 1999]{.underline}:    |                        |
|                    | "Indigenous peoples   |                        |
|                    | have the right to     |                        |
|                    | legal recognition of  |                        |
|                    | their collective and  |                        |
|                    | individual            |                        |
|                    | possession, their     |                        |
|                    | control, and their    |                        |
|                    | enjoyment of their    |                        |
|                    | lands, as provided    |                        |
|                    | under the law of each |                        |
|                    | state, as well as the |                        |
|                    | use of those to which |                        |
|                    | they also have had    |                        |
|                    | access for their      |                        |
|                    | traditional           |                        |
|                    | activities and        |                        |
|                    | livelihood. (This     |                        |
|                    | text would combine    |                        |
|                    | paragraphs 1 and 2.)  |                        |
+--------------------+-----------------------+------------------------+
| 2\. Indigenous     | [REPRESENTATIVES OF   | 2\. Indigenous peoples |
| peoples are        | THE                   | have the permanent,    |
| entitled to        | STATES:]{.underline}  | exclusive,             |
| recognition of     |                       | inalienable,           |
| their property and | 2\. [From the meeting | imprescriptible,       |
| ownership rights   | of November           | indefeasible, and      |
| with respect to    | 1999:]{.underline}    | nontransferable right  |
| lands, territories | (In accordance with   | of possession,         |
| and resources they | applicable national   | ownership, and use of  |
| have historically  | law,) indigenous      | lands they have        |
| occupied, and to   | peoples are entitled  | historically occupied, |
| the use of those   | to recognition of     | and of use of lands to |
| to which they      | their property and    | which they             |
| historically have  | ownership rights with | traditionally have had |
| had access for     | respect to lands,     | access for their       |
| their traditional  | territories, and      | traditional activities |
| activities and     | resources they have   | and livelihood, in     |
| livelihood.        | (traditionally)       | accordance with each   |
|                    | (historically)        | state's legal system.  |
|                    | occupied, and to the  |                        |
|                    | use of those to which | The corresponding      |
|                    | they also have had    | titles may be changed  |
|                    | access for their      | only by mutual consent |
|                    | traditional           | between the state and  |
|                    | activities and        | the respective         |
|                    | livelihood." (This    | indigenous peoples     |
|                    | text would combine    | when they have full    |
|                    | paragraphs 1 and 2.)  | knowledge and          |
|                    |                       | understanding of the   |
|                    | 2\. [Proposal by the  | nature or attributes   |
|                    | United States,        | of such property.      |
|                    | 1999]{.underline}:    |                        |
|                    | "States should        | Nothing in the         |
|                    | recognize forms of    | previous paragraph     |
|                    | corporate ownership   | shall be construed as  |
|                    | of land that reflect  | limiting the right of  |
|                    | indigenous land       | indigenous peoples to  |
|                    | tenure systems."      | attribute ownership    |
|                    |                       | within the community   |
|                    | 2*.* [Proposal by     | in accordance with     |
|                    | Brazil,               | their customs,         |
|                    | 1999]{.underline}:    | traditions, usages,    |
|                    | "In accordance with   | and traditional        |
|                    | specific national     | practices, nor shall   |
|                    | law, indigenous       | it affect any          |
|                    | peoples have the      | collective community   |
|                    | permanent, exclusive, | rights thereto.        |
|                    | inalienable,          |                        |
|                    | imprescriptible,      |                        |
|                    | indefeasible, and     |                        |
|                    | nontransferable right |                        |
|                    | of possession,        |                        |
|                    | ownership, and use of |                        |
|                    | lands they            |                        |
|                    | traditionally occupy  |                        |
|                    | and of lands to which |                        |
|                    | they traditionally    |                        |
|                    | have had access for   |                        |
|                    | their traditional     |                        |
|                    | activities and        |                        |
|                    | livelihood. (This     |                        |
|                    | text would combine    |                        |
|                    | paragraphs 2 and 3)." |                        |
+--------------------+-----------------------+------------------------+

+--------------------+-----------------------+------------------------+
| 3\. i. Subject to  | [REPRESENTATIVES OF   | 3\. Indigenous peoples |
| the contents of    | THE                   | have the right to an   |
| 3.ii., when        | STATES:]{.underline}  | effective legal        |
| property and user  |                       | framework for the      |
| rights of          | 3\. [From the meeting | protection of their    |
| indigenous peoples | of November           | rights with respect to |
| arise from rights  | 1999]{.underline}:    | the natural resources  |
| existing prior to  |                       | on their lands,        |
| the creation of    | i\. Subject to the    | including the ability  |
| those states, the  | provisions of 3.ii.,  | to use, manage, and    |
| states shall       | when property and     | conserve such          |
| recognize the      | user rights of        | resources, and with    |
| titles of          | indigenous peoples    | respect to traditional |
| indigenous peoples | arise from rights     | uses of their lands    |
| relative thereto   | existing prior to the | and their interest in  |
| as permanent,      | creation of those     | lands and resources,   |
| exclusive,         | states, the states    | such as subsistence    |
| inalienable,       | shall recognize the   | items.                 |
| imprescriptible    | titles of indigenous  |                        |
| and indefeasible.  | peoples relative      |                        |
|                    | thereto as permanent, |                        |
| ii\. Such titles   | exclusive,            |                        |
| may be changed     | inalienable,          |                        |
| only by mutual     | imprescriptible, and  |                        |
| consent between    | indefeasible.         |                        |
| the state and the  |                       |                        |
| respective         | ii\. Such titles may  |                        |
| indigenous peoples | be changed only by    |                        |
| when they have     | mutual consent        |                        |
| full knowledge and | between the state and |                        |
| understanding of   | the indigenous        |                        |
| the nature or      | peoples involved and  |                        |
| attributes of such | when the latter have  |                        |
| property.          | full knowledge and    |                        |
|                    | understanding of the  |                        |
| iii\. Nothing in   | nature or attributes  |                        |
| 3.i. shall be      | of such property.     |                        |
| construed as       |                       |                        |
| limiting the right | iii\. Nothing in 3.i. |                        |
| of indigenous      | shall be construed as |                        |
| peoples to         | limiting the right of |                        |
| attribute          | indigenous peoples to |                        |
| ownership within   | attribute ownership   |                        |
| the community in   | within the community  |                        |
| accordance with    | in accordance with    |                        |
| their customs,     | their customs,        |                        |
| traditions, us and | traditions, usages,   |                        |
| traditional        | and traditional       |                        |
| practices, nor     | practices, nor shall  |                        |
| shall it affect    | it affect any         |                        |
| any collective     | collective community  |                        |
| community rights   | rights thereto.       |                        |
| thereto.           |                       |                        |
+--------------------+-----------------------+------------------------+

+--------------------+-----------------------+------------------------+
| 4\. Indigenous     | [REPRESENTATIVES OF   |                        |
| peoples have the   | THE                   |                        |
| right to an        | STATES:]{.underline}  |                        |
| effective legal    |                       |                        |
| framework for the  | 4\. [From the meeting |                        |
| protection of      | of November           |                        |
| their rights with  | 1999]{.underline}:    |                        |
| respect to the     | Indigenous peoples    |                        |
| natural resources  | have the right to an  |                        |
| on their lands,    | effective legal       |                        |
| including the      | framework for the     |                        |
| ability to use,    | protection of their   |                        |
| manage, and        | rights with respect   |                        |
| conserve such      | to the natural        |                        |
| resources, and     | resources on their    |                        |
| with respect to    | lands, including the  |                        |
| traditional uses   | ability to use,       |                        |
| of their lands and | manage, and conserve  |                        |
| their interest in  | such resources, and   |                        |
| lands and          | with respect to       |                        |
| resources, such as | traditional uses of   |                        |
| subsistence items. | their lands and their |                        |
|                    | interest in lands and |                        |
|                    | resources, such as    |                        |
|                    | subsistence items.    |                        |
|                    |                       |                        |
|                    | 4 [Proposal by the    |                        |
|                    | United States,        |                        |
|                    | 1999]{.underline}:    |                        |
|                    | "States should        |                        |
|                    | provide an effective  |                        |
|                    | legal framework for   |                        |
|                    | the protection of the |                        |
|                    | rights of indigenous  |                        |
|                    | peoples with respect  |                        |
|                    | to their natural      |                        |
|                    | resources on their    |                        |
|                    | lands, including the  |                        |
|                    | ability to use,       |                        |
|                    | manage, and conserve  |                        |
|                    | such resources, such  |                        |
|                    | as subsistence."      |                        |
|                    |                       |                        |
|                    | [INDIGENOUS           |                        |
|                    | REPRESEN              |                        |
|                    | TATIVES:]{.underline} |                        |
|                    |                       |                        |
|                    | 4\. [Proposal by the  |                        |
|                    | *National Congress of |                        |
|                    | American Indians,     |                        |
|                    | Upper Sioux           |                        |
|                    | Community, Amerindian |                        |
|                    | People Association of |                        |
|                    | Guyana and the Toledo |                        |
|                    | Maya Cultural         |                        |
|                    | Council,*             |                        |
|                    | 1999*:*]{.underline}  |                        |
|                    | "Their lands,         |                        |
|                    | territories, and      |                        |
|                    | natural resources,    |                        |
|                    | including the ability |                        |
|                    | to use, develop,      |                        |
|                    | manage, and conserve  |                        |
|                    | such lands,           |                        |
|                    | territories, and      |                        |
|                    | resources; and with   |                        |
|                    | respect to            |                        |
|                    | traditional uses of   |                        |
|                    | their lands,          |                        |
|                    | territories, and      |                        |
|                    | resources such as     |                        |
|                    | subsistence."         |                        |
+--------------------+-----------------------+------------------------+

+--------------------+-----------------------+------------------------+
| 5\. In the event   | [REPRESENTATIVES OF   | 4\. In the event that  |
| that the subsoil   | THE                   | subsurface minerals or |
| minerals or        | STATES:]{.underline}  | subsurface resources   |
| resources of the   |                       | belong to the state,   |
| subsoil belong to  | 5\. [From the meeting | or that the state has  |
| the state, or the  | of November           | rights to other        |
| state has rights   | 1999]{.underline}:    | resources on the       |
| over other         | \[In the event that   | lands, the states      |
| resources on the   | subsurface minerals   | shall establish or     |
| lands, the         | or subsurface         | maintain procedures    |
| governments shall  | resources belong to   | for the participation  |
| establish or       | the state, or that    | of the peoples         |
| maintain           | the state has rights  | concerned in order to  |
| procedures for the | to other resources on | determine whether the  |
| participation of   | the lands, the states | interests of such      |
| the peoples        | shall establish or    | peoples would be       |
| concerned in       | maintain procedures   | adversely affected,    |
| determining        | for the participation | and to what extent,    |
| whether the        | of the peoples        | before undertaking or  |
| interests of such  | concerned in          | authorizing any        |
| peoples would be   | determining whether   | program for            |
| adversely affected | their own interests   | prospecting, planning, |
| and to what        | would be adversely    | or exploiting the      |
| extent, before     | affected, and to what | resources existing on  |
| undertaking or     | extent, before        | their lands. The       |
| authorizing any    | undertaking or        | peoples concerned      |
| program for        | authorizing any       | shall participate in   |
| planning,          | program for           | the benefits of such   |
| prospecting, or    | prospecting,          | activities and shall   |
| exploiting the     | planning, or          | receive fair           |
| resources existing | exploiting the        | compensation for any   |
| on their lands.    | resources existing on | loss they may sustain  |
| The peoples        | their lands. The      | as a result of such    |
| concerned shall    | peoples concerned     | activities.            |
| participate in the | shall participate in  |                        |
| benefits of such   | the benefits of such  |                        |
| activities, and    | activities\[\[, and   |                        |
| shall receive      | shall receive         |                        |
| compensation, on a | compensation, on a    |                        |
| basis no less      | basis no less         |                        |
| favorable than the | favorable than the    |                        |
| standard           | standard sum under    |                        |
| international law  | international law,\]  |                        |
| sum for any loss   | for any loss they may |                        |
| which they may     | sustain as a result   |                        |
| sustain as a       | of such activities\]. |                        |
| result of such     |                       |                        |
| activities.        | 5\. [Proposal by      |                        |
|                    | Ar                    |                        |
|                    | gentina]{.underline}: |                        |
|                    | Argentina proposes    |                        |
|                    | that the last part of |                        |
|                    | the paragraph be      |                        |
|                    | deleted.              |                        |
|                    |                       |                        |
|                    | 5\. [Proposal by      |                        |
|                    | Ve                    |                        |
|                    | nezuela]{.underline}: |                        |
|                    | Venezuela proposes    |                        |
|                    | that the entire       |                        |
|                    | paragraph be deleted. |                        |
|                    |                       |                        |
|                    | 5\. [Proposal by      |                        |
|                    | Brazil,               |                        |
|                    | 1999]{.underline}:    |                        |
|                    | Brazil proposes that  |                        |
|                    | the reference to      |                        |
|                    | "compensation on a    |                        |
|                    | basis no less         |                        |
|                    | favorable than the    |                        |
|                    | standard sum under    |                        |
|                    | international law" be |                        |
|                    | deleted."             |                        |
|                    |                       |                        |
|                    | 5\. [Proposal by the  |                        |
|                    | United States,        |                        |
|                    | 1999]{.underline}:    |                        |
|                    | "In situations in     |                        |
|                    | which the state       |                        |
|                    | retains the ownership |                        |
|                    | of mineral or         |                        |
|                    | subsurface resources  |                        |
|                    | or rights to other    |                        |
|                    | resources pertaining  |                        |
|                    | to lands held by      |                        |
|                    | indigenous societies, |                        |
|                    | states should         |                        |
|                    | establish procedures  |                        |
|                    | to consult with them  |                        |
|                    | before undertaking or |                        |
|                    | authorizing any       |                        |
|                    | program for           |                        |
|                    | exploiting such       |                        |
|                    | resources. Where      |                        |
|                    | possible, indigenous  |                        |
|                    | peoples should        |                        |
|                    | benefit from these    |                        |
|                    | activities and        |                        |
|                    | receive just          |                        |
|                    | compensation for any  |                        |
|                    | damages sustained as  |                        |
|                    | a result."            |                        |
|                    |                       |                        |
|                    | [INDIGENOUS           |                        |
|                    | REPRESEN              |                        |
|                    | TATIVES:]{.underline} |                        |
|                    |                       |                        |
|                    | [Proposal by the      |                        |
|                    | National Congress of  |                        |
|                    | American Indians,     |                        |
|                    | Upper Sioux           |                        |
|                    | Community, Amerindian |                        |
|                    | People Association of |                        |
|                    | Guyana and the Toledo |                        |
|                    | Maya Cultural         |                        |
|                    | Council*,*            |                        |
|                    | 1999:]{.underline}    |                        |
|                    | "Indigenous peoples   |                        |
|                    | have the right to     |                        |
|                    | determine and develop |                        |
|                    | priorities and        |                        |
|                    | strategies for the    |                        |
|                    | development or use of |                        |
|                    | their lands,          |                        |
|                    | territories, and      |                        |
|                    | other resources,      |                        |
|                    | including the right   |                        |
|                    | to require that       |                        |
|                    | states obtain their   |                        |
|                    | free and informed     |                        |
|                    | consent prior to the  |                        |
|                    | approval of any       |                        |
|                    | project affecting     |                        |
|                    | their lands,          |                        |
|                    | territories, and      |                        |
|                    | other resources,      |                        |
|                    | particularly in       |                        |
|                    | connection with the   |                        |
|                    | development,          |                        |
|                    | utilization, or       |                        |
|                    | exploitation of       |                        |
|                    | mineral, water, or    |                        |
|                    | other resources.      |                        |
|                    | Compensation shall be |                        |
|                    | provided for any such |                        |
|                    | activities and        |                        |
|                    | measures taken to     |                        |
|                    | mitigate adverse      |                        |
|                    | environmental,        |                        |
|                    | economic, social,     |                        |
|                    | cultural, or          |                        |
|                    | spiritual impact."    |                        |
+--------------------+-----------------------+------------------------+

+--------------------+-----------------------+------------------------+
| 6\. Unless         | [REPRESENTATIVES OF   | 5\. Unless exceptional |
| exceptional and    | THE                   | and justified          |
| justified          | STATES:]{.underline}  | circumstances so       |
| circumstances so   |                       | warrant in the public  |
| warrant in the     | 6\. [From the meeting | interest, the states   |
| public interest,   | of November           | shall not transfer or  |
| the states shall   | 1999]{.underline}:    | relocate indigenous    |
| not transfer or    | Unless exceptional    | peoples without the    |
| relocate           | circumstances so      | free, genuine, public, |
| indigenous peoples | warrant in the public | and informed consent   |
| without the free,  | interest, the states  | of those peoples, and  |
| genuine, public    | shall not transfer or | in all cases with      |
| and informed       | relocate indigenous   | their immediate        |
| consent of those   | peoples without the   | replacement with       |
| peoples, and in    | free, genuine,        | appropriate lands of   |
| all cases with     | public, and informed  | the same or better     |
| prior compensation | consent of those      | quality and the same   |
| and prompt         | peoples; \[and in all | legal status, and      |
| replacement of     | cases with prior      | guaranteeing the right |
| lands              | compensation and\]    | of return if the       |
| appropriated,      | prompt replacement of | causes that gave rise  |
| which must be of   | lands appropriated,   | to the displacement    |
| similar or better  | which must be of      | cease to exist.        |
| quality and which  | similar or better     |                        |
| must have the same | quality and have the  | Indigenous peoples and |
| legal status; and  | same legal status;    | the members thereof    |
| guaranteeing the   | and guaranteeing the  | who have been          |
| right to its       | right to their return | transferred and        |
| return if the      | if the causes that    | relocated shall be     |
| causes that gave   | gave rise to the      | compensated for any    |
| rise to the        | displacement cease to | loss or damage         |
| displacement cease | exist.                | suffered as a result   |
| to exist.          |                       | of their displacement. |
|                    | 6\. [Proposal by the  |                        |
|                    | United States,        |                        |
|                    | 1999]{.underline}:    |                        |
|                    | "States are           |                        |
|                    | encouraged to avoid   |                        |
|                    | relocation of         |                        |
|                    | indigenous societies. |                        |
|                    | As a general matter,  |                        |
|                    | the free and informed |                        |
|                    | consent of indigenous |                        |
|                    | peoples should be     |                        |
|                    | obtained before they  |                        |
|                    | are removed from      |                        |
|                    | their lands. Where    |                        |
|                    | such consent cannot   |                        |
|                    | be obtained, such     |                        |
|                    | removals should take  |                        |
|                    | place only in         |                        |
|                    | exceptional           |                        |
|                    | circumstances         |                        |
|                    | following appropriate |                        |
|                    | procedures            |                        |
|                    | established by        |                        |
|                    | national laws and     |                        |
|                    | regulations. When     |                        |
|                    | indigenous peoples    |                        |
|                    | have been removed     |                        |
|                    | from their lands,     |                        |
|                    | they should be given  |                        |
|                    | the opportunity to    |                        |
|                    | return should the     |                        |
|                    | reasons for their     |                        |
|                    | relocation cease to   |                        |
|                    | exist."               |                        |
|                    |                       |                        |
|                    | [INDIGENOUS           |                        |
|                    | REPRESEN              |                        |
|                    | TATIVES:]{.underline} |                        |
|                    |                       |                        |
|                    | [Proposal by the      |                        |
|                    | *National Congress of |                        |
|                    | American Indians,     |                        |
|                    | Upper Sioux           |                        |
|                    | Community, Amerindian |                        |
|                    | People Association of |                        |
|                    | Guyana and the Toledo |                        |
|                    | Maya Cultural         |                        |
|                    | Council,*             |                        |
|                    | 1999:]{.underline}    |                        |
|                    | "Indigenous peoples   |                        |
|                    | shall not be forcibly |                        |
|                    | removed from their    |                        |
|                    | lands or territories. |                        |
|                    | No relocation shall   |                        |
|                    | take place without    |                        |
|                    | the free and informed |                        |
|                    | consent of the        |                        |
|                    | indigenous people     |                        |
|                    | concerned and after   |                        |
|                    | agreement on just and |                        |
|                    | fair compensation     |                        |
|                    | and, where possible,  |                        |
|                    | with the option of    |                        |
|                    | return."              |                        |
+--------------------+-----------------------+------------------------+

+--------------------+-----------------------+------------------------+
| 7\. Indigenous     | [REPRESENTATIVES OF   | Eliminated.            |
| peoples have the   | THE                   |                        |
| right to           | STATES:]{.underline}  |                        |
| restitution of the |                       |                        |
| lands,             | 7\. [From the meeting |                        |
| territories, and   | of November           |                        |
| resources which    | 1999]{.underline}:    |                        |
| they have          | \[Indigenous          |                        |
| traditionally      | peoples\] have the    |                        |
| owned or otherwise | right to restitution  |                        |
| occupied or used,  | of the lands,         |                        |
| and which have     | territories, and      |                        |
| been confiscated,  | resources which they  |                        |
| occupied, used or  | have traditionally    |                        |
| damaged; or when   | owned or otherwise    |                        |
| restitution is not | occupied or used, and |                        |
| possible, the      | which have been       |                        |
| right to           | confiscated,          |                        |
| compensation on a  | occupied, used, or    |                        |
| basis no less      | damaged; or, when     |                        |
| favorable than the | restitution is not    |                        |
| standard set by    | possible, the right   |                        |
| international law. | to compensation on a  |                        |
|                    | basis no less         |                        |
|                    | favorable than the    |                        |
|                    | standard set by       |                        |
|                    | international law.\]  |                        |
|                    |                       |                        |
|                    | 7\. [Argentina,       |                        |
|                    | seconded by Venezuela |                        |
|                    | and Brazil,           |                        |
|                    | 1999]{.underline}:    |                        |
|                    | Proposes that this    |                        |
|                    | paragraph be deleted. |                        |
|                    |                       |                        |
|                    | 7\. [Proposal by the  |                        |
|                    | United States to add  |                        |
|                    | four new paragraphs,  |                        |
|                    | 1999]{.underline}:    |                        |
|                    |                       |                        |
|                    | "States should        |                        |
|                    | respect the physical  |                        |
|                    | security of           |                        |
|                    | indigenous peoples.   |                        |
|                    | During periods of     |                        |
|                    | armed conflict,       |                        |
|                    | states may require    |                        |
|                    | the total or partial  |                        |
|                    | evacuation of         |                        |
|                    | indigenous people if  |                        |
|                    | the security of the   |                        |
|                    | population or         |                        |
|                    | imperative military   |                        |
|                    | reasons so demand.    |                        |
|                    |                       |                        |
|                    | States should protect |                        |
|                    | the right of          |                        |
|                    | indigenous            |                        |
|                    | individuals to own,   |                        |
|                    | develop, and enjoy    |                        |
|                    | land, and interests   |                        |
|                    | in land, to the same  |                        |
|                    | extent as other       |                        |
|                    | individuals.          |                        |
|                    |                       |                        |
|                    | States should protect |                        |
|                    | indigenous            |                        |
|                    | individuals and       |                        |
|                    | peoples in the use    |                        |
|                    | and occupancy of      |                        |
|                    | their land. If their  |                        |
|                    | land is taken by the  |                        |
|                    | state, it should be   |                        |
|                    | for a public purpose  |                        |
|                    | and just compensation |                        |
|                    | should be provided.   |                        |
|                    | States should         |                        |
|                    | consider the          |                        |
|                    | possibility of        |                        |
|                    | negotiated            |                        |
|                    | settlements,          |                        |
|                    | including the return  |                        |
|                    | of land as            |                        |
|                    | appropriate, when not |                        |
|                    | otherwise required by |                        |
|                    | law.                  |                        |
|                    |                       |                        |
|                    | States should         |                        |
|                    | establish penalties   |                        |
|                    | and enforcement       |                        |
|                    | mechanisms to protect |                        |
|                    | the lands of          |                        |
|                    | indigenous            |                        |
|                    | individuals and       |                        |
|                    | peoples from          |                        |
|                    | unauthorized          |                        |
|                    | intrusions and uses." |                        |
|                    |                       |                        |
|                    | [INDIGENOUS           |                        |
|                    | REPRESEN              |                        |
|                    | TATIVES:]{.underline} |                        |
|                    |                       |                        |
|                    | 7\. [Proposal by the  |                        |
|                    | *National Congress of |                        |
|                    | American Indians,     |                        |
|                    | Upper Sioux           |                        |
|                    | Community, Amerindian |                        |
|                    | People Association of |                        |
|                    | Guyana* y the *Toledo |                        |
|                    | Maya Cultural         |                        |
|                    | Council*,             |                        |
|                    | 1999:]{.underline}    |                        |
|                    | "They shall be        |                        |
|                    | provided with lands   |                        |
|                    | of equal value and    |                        |
|                    | quality, and if this  |                        |
|                    | is not possible, the  |                        |
|                    | affected peoples have |                        |
|                    | the right to          |                        |
|                    | compensation on a     |                        |
|                    | basis not less        |                        |
|                    | favorable than the    |                        |
|                    | standard under        |                        |
|                    | international law."   |                        |
+--------------------+-----------------------+------------------------+

+--------------------+-----------------------+------------------------+
| 8\. The states     | [REPRESENTATIVES OF   | 6\. The states shall   |
| shall take all     | THE                   | take appropriate       |
| possible measures, | STATES:]{.underline}  | measures to avert,     |
| including the use  |                       | prevent, and punish,   |
| of law enforcement | 8\. [From the meeting | when applicable, any   |
| mechanisms, to     | of November           | intrusion on or use of |
| avert, prevent and | 1999]{.underline}:    | those lands by         |
| punish, when       | The states shall take | unauthorized persons   |
| applicable, any    | all possible measures | in order to take       |
| intrusion on or    | \[, including the use | possession or make use |
| use of those lands | of law enforcement    | thereof. The states    |
| by unauthorized    | mechanisms,\] to      | shall place maximum    |
| persons in order   | avert, prevent, and   | priority on the        |
| to take possession | punish, when          | demarcation and        |
| or make use        | applicable, any       | recognition of         |
| thereof. The       | intrusion on or use   | properties and areas   |
| states shall place | of those lands by     | of indigenous use.     |
| maximum priority   | unauthorized persons  |                        |
| on the demarcation | in order to take      |                        |
| and recognition of | possession or make    |                        |
| properties and     | use thereof. \[The    |                        |
| areas of           | states shall place    |                        |
| indigenous use.    | maximum priority on   |                        |
|                    | the demarcation and   |                        |
|                    | recognition of        |                        |
|                    | properties and areas  |                        |
|                    | of indigenous use.\]  |                        |
+--------------------+-----------------------+------------------------+

+--------------------+-----------------------+------------------------+
| Article XIX.       | Article XIX.          | Article XIX. [Workers' |
| [Workers           | [Workers'             | rights]{.underline}    |
| r                  | rights]{.underline}   |                        |
| ights]{.underline} |                       | 1\. Indigenous peoples |
|                    | [REPRESENTATIVES OF   | and individuals have   |
| 1\. Indigenous     | THE                   | the right to full      |
| peoples shall be   | STATES:]{.underline}  | enjoyment of the       |
| entitled to full   |                       | rights and guarantees  |
| enjoyment of the   | 1\. [From the meeting | recognized by the      |
| rights and         | of November           | states under           |
| guarantees         | 1999]{.underline}:    | international and      |
| recognized under   | Indigenous peoples    | domestic labor law,    |
| international      | shall be entitled to  | and to special         |
| labor law and      | full enjoyment of the | measures to correct,   |
| domestic labor     | rights and guarantees | redress, and prevent   |
| law; and to        | recognized under      | the discrimination to  |
| special measures   | international and     | which they might be    |
| to correct,        | domestic labor law    | subjected.             |
| redress and        | (which have been      |                        |
| prevent the        | recognized by the     | The states shall take  |
| discrimination to  | states); and to       | immediate and          |
| which they have    | special measures to   | effective measures to  |
| historically been  | correct, redress, and | ensure that indigenous |
| subject.           | prevent the           | children are protected |
|                    | discrimination to     | from all forms of      |
|                    | which they (might be  | labor exploitation.    |
|                    | subjected) (have      |                        |
|                    | historically been     |                        |
|                    | subjected).           |                        |
|                    |                       |                        |
|                    | 1\. [Proposal by the  |                        |
|                    | United States,        |                        |
|                    | 1999]{.underline}:    |                        |
|                    | "Indigenous           |                        |
|                    | individuals have the  |                        |
|                    | right not to be       |                        |
|                    | subjected to any      |                        |
|                    | discriminatory        |                        |
|                    | conditions of labor,  |                        |
|                    | employment, salary,   |                        |
|                    | or other related      |                        |
|                    | benefits."            |                        |
|                    |                       |                        |
|                    | 1\. [Proposal by      |                        |
|                    | Canada,               |                        |
|                    | 1999]{.underline}:    |                        |
|                    | "Indigenous           |                        |
|                    | individuals shall     |                        |
|                    | enjoy fully all       |                        |
|                    | rights established    |                        |
|                    | under applicable      |                        |
|                    | international and     |                        |
|                    | national labor law.   |                        |
|                    | States should take    |                        |
|                    | immediate and         |                        |
|                    | effective measures to |                        |
|                    | ensure that           |                        |
|                    | indigenous children   |                        |
|                    | are protected from    |                        |
|                    | the worst forms of    |                        |
|                    | child labor.          |                        |
|                    |                       |                        |
|                    | Indigenous            |                        |
|                    | individuals have the  |                        |
|                    | right not to be       |                        |
|                    | subjected to any      |                        |
|                    | discriminatory        |                        |
|                    | conditions of labor,  |                        |
|                    | employment, or        |                        |
|                    | salary."              |                        |
+--------------------+-----------------------+------------------------+

+--------------------+-----------------------+------------------------+
| 2\. To the extent  | [REPRESENTATIVES OF   | 2\. To the extent to   |
| to which they are  | THE                   | which they are not     |
| not effectively    | STATES:]{.underline}  | effectively protected  |
| protected by laws  |                       | by laws applicable to  |
| applicable to      | 2\. [From the meeting | workers in general,    |
| workers in         | of November           | the states shall take  |
| general, the       | 1999]{.underline}: To | such special measures  |
| states shall take  | the extent to which   | as may be necessary    |
| such special       | they are not          | to:                    |
| measures as may be | effectively protected |                        |
| necessary to:      | by laws applicable to | a\) effectively        |
|                    | workers in general,   | protect workers and    |
| a\. effectively    | the states shall take | employees who are      |
| protect workers    | such special measures | members of indigenous  |
| and employees who  | as may be necessary   | communities in regard  |
| are members of     | to:                   | to fair and equal      |
| indigenous         |                       | hiring and terms of    |
| communities in     | a\. effectively       | employment;            |
| regard to fair and | protect workers and   |                        |
| equal hiring and   | employees who are     | b\) improve the labor  |
| terms of           | members of indigenous | inspection and         |
| employment;        | communities in regard | enforcement service in |
|                    | to fair and equal     | regions, companies, or |
| b\. to improve the | hiring and terms of   | paid activities        |
| labor inspection   | employment;           | involving indigenous   |
| and enforcement    |                       | workers or employees;  |
| service in         | b\. improve the labor |                        |
| regions, companies | inspection and        | c\) ensure that        |
| or paid activities | enforcement service   | indigenous workers:    |
| involving          | in regions,           |                        |
| indigenous workers | companies, or paid    | i\) enjoy equal        |
| or employees;      | activities involving  | opportunity and        |
|                    | indigenous workers or | treatment as regards   |
| c\. ensure that    | employees;            | all conditions of      |
| indigenous         |                       | employment, job        |
| workers:           | c\. ensure that       | promotion and          |
|                    | indigenous workers:   | advancement; and other |
| i\. enjoy equal    |                       | conditions as          |
| opportunity and    | i\. enjoy equal       | stipulated under       |
| treatment as       | opportunity and       | international law;     |
| regards all        | treatment as regards  |                        |
| conditions of      | all conditions of     | ii\) enjoy the right   |
| employment, job    | employment, job       | of association, the    |
| promotion and      | promotion and         | right to engage freely |
| advancement; and   | advancement; and      | in trade union         |
| other conditions   | other conditions as   | activities, and the    |
| as stipulated      | stipulated under      | right to enter into    |
| under              | international law;    | collective agreements  |
| international law; |                       | with employers or with |
|                    | ii\. enjoy the right  | workers'               |
| ii\. enjoy the     | of association (for   | organizations;         |
| right to           | lawful purposes), the |                        |
| association and    | freedom to engage in  | iii\) are not          |
| freedom for all    | all (lawful) trade    | subjected to racial,   |
| lawful trade union | union activities, and | sexual, or other forms |
| activities, and    | the right to enter    | of harassment;         |
| the right to       | into collective       |                        |
| conclude           | agreements with       | iv\) are not subjected |
| collective         | employers or with     | to coercive hiring     |
| agreements with    | workers'              | practices, including   |
| employers or       | organizations;        | servitude for debts or |
| employers\'        |                       | any other form of      |
| organizations;     | iii\. are not         | servitude, even if     |
|                    | subjected to racial,  | they are based on law, |
| iii\. are not      | sexual, or other      | custom, or an          |
| subjected to       | forms of harassment;  | individual or          |
| racial, sexual or  |                       | collective             |
| other forms of     | iv\. are not          | arrangement, which     |
| harassment;        | subjected to coercive | shall be deemed        |
|                    | hiring practices,     | absolutely null and    |
| iv\. are not       | including servitude   | void in each instance; |
| subjected to       | for debts or any      |                        |
| coercive hiring    | other form of         | v\) are not subjected  |
| practices,         | servitude, even if    | to working conditions  |
| including          | they are based on     | that endanger their    |
| servitude for      | law, custom, or an    | health and personal    |
| debts or any other | individual or         | safety;                |
| form of servitude, | collective            |                        |
| even if they are   | arrangement, which    | vi\) receive special   |
| based on law,      | shall be deemed       | protection when they   |
| custom, or an      | absolutely null and   | serve as seasonal,     |
| individual or      | void in each          | casual, or migrant     |
| collective         | instance;             | workers, and also when |
| arrangement, which |                       | they are hired by      |
| shall be deemed    | v\. are not subjected | labor contractors, so  |
| absolutely null    | to working conditions | that they will benefit |
| and void in each   | that endanger their   | from national law and  |
| instance;          | health and personal   | practice, which must   |
|                    | safety; and           | itself be consistent   |
| v\. are not        |                       | with established       |
| subjected to       | vi\. receive special  | international human    |
| working conditions | protection when they  | rights standards for   |
| that endanger      | serve as seasonal,    | this type of worker;   |
| their health and   | casual, or migrant    | and that their         |
| personal safety;   | workers, and also     | employers are also     |
|                    | when they are hired   | made fully aware of    |
| vi\. receive       | by labor contractors, | the rights of          |
| special protection | so that they will     | indigenous workers,    |
| when they serve as | benefit from national | pursuant to national   |
| seasonal, casual   | law and practice,     | law and international  |
| or migrant workers | which must itself be  | standards, and of the  |
| and also when they | consistent with       | resources and means    |
| are hired by labor | established           | available to them for  |
| contractors in     | international human   | the protection of      |
| order to benefit   | rights standards for  | those rights.          |
| from national      | this type of worker;  |                        |
| legislation and    | and                   |                        |
| practice which     |                       |                        |
| must itself be in  | vii\. that their      |                        |
| accordance with    | employers are also    |                        |
| established        | made fully aware of   |                        |
| international      | the rights of         |                        |
| human rights       | indigenous workers,   |                        |
| standards for this | pursuant to national  |                        |
| type of workers;   | law and international |                        |
| and,               | standards, and of the |                        |
|                    | resources and means   |                        |
| vii\. that their   | available to them for |                        |
| employers are also | the protection of     |                        |
| made fully aware   | those rights.         |                        |
| of the rights of   |                       |                        |
| indigenous         | [Proposal by the      |                        |
| workers, pursuant  | United States,        |                        |
| to national        | 1999]{.underline}:    |                        |
| legislation and    | "Indigenous           |                        |
| international      | individuals should    |                        |
| standards, and of  | have the right to     |                        |
| the resources      | special measures,     |                        |
| available to them  | where circumstances   |                        |
| for the protection | so warrant, to        |                        |
| of those rights.   | correct, redress, and |                        |
|                    | prevent the           |                        |
|                    | discrimination to     |                        |
|                    | which they may have   |                        |
|                    | been subject          |                        |
|                    | historically."        |                        |
+--------------------+-----------------------+------------------------+

+--------------------+-----------------------+------------------------+
| Article XX.        | Article XX.           | Article XX.            |
| [Intellectual      | [Intellectual         | [Intellectual property |
| property           | property              | rights]{.underline}    |
| r                  | rights]{.underline}   |                        |
| ights]{.underline} |                       | 1\. Indigenous peoples |
|                    | [REPRESENTATIVES OF   | have the right to the  |
| 1\. Indigenous     | THE                   | recognition and full   |
| peoples have the   | STATES:]{.underline}  | ownership, control,    |
| right to the       |                       | development, and       |
| recognition and    | 1\. [From the meeting | protection of their    |
| full ownership,    | of November           | cultural heritage, and |
| control, and       | 1999]{.underline}:    | to legal protection of |
| protection of      | Indigenous peoples    | their intellectual     |
| their cultural,    | have a right to the   | property through       |
| artistic,          | recognition and full  | patents, trademarks,   |
| spiritual,         | ownership, control,   | copyright, and other   |
| technological and  | and protection of     | such procedures as     |
| scientific         | their cultural,       | established under      |
| heritage, and      | artistic, spiritual,  | domestic law. This     |
| legal protection   | technological, and    | heritage shall         |
| of their           | scientific (and       | include, *inter alia,* |
| intellectual       | biogenetic) heritage, | ancestral knowledge,   |
| property through   | and legal protection  | designs, and           |
| patents,           | of their intellectual | procedures; indigenous |
| trademarks,        | property through      | knowledge related to   |
| copyright, and     | patents, trademarks,  | the usefulness and     |
| other such         | copyright, and other  | properties of          |
| procedures as      | such procedures as    | medicinal plants; and  |
| established under  | established under     | expressions of an      |
| domestic law; as   | domestic law; \[as    | artistic, spiritual,   |
| well as to special | well as to special    | technological,         |
| measures which     | measures which ensure | scientific, or         |
| ensure them legal  | them legal status and | biogenetic nature.     |
| status and         | institutional         |                        |
| institutional      | capacity to develop,  |                        |
| capacity to        | use, share, market,   |                        |
| develop, use,      | and bequeath that     |                        |
| share, market and  | heritage to future    |                        |
| bequeath that      | generations\].        |                        |
| heritage to future |                       |                        |
| generations.       | 1\. [Venezuela,       |                        |
|                    | seconded by Mexico,   |                        |
|                    | 1999]{.underline}:    |                        |
|                    | Proposes that the     |                        |
|                    | last section be       |                        |
|                    | deleted.              |                        |
|                    |                       |                        |
|                    | 1\. [Proposal by the  |                        |
|                    | United States,        |                        |
|                    | 1999]{.underline}:    |                        |
|                    | "Indigenous           |                        |
|                    | individuals are       |                        |
|                    | entitled to apply for |                        |
|                    | and receive, on a     |                        |
|                    | nondiscriminatory     |                        |
|                    | basis, legal          |                        |
|                    | protection for their  |                        |
|                    | intellectual property |                        |
|                    | through trademarks,   |                        |
|                    | patents, copyright,   |                        |
|                    | and other such        |                        |
|                    | procedures as         |                        |
|                    | established under     |                        |
|                    | domestic law."        |                        |
|                    |                       |                        |
|                    | 1\. [Proposal by the  |                        |
|                    | CJI,                  |                        |
|                    | 1999]{.underline}:    |                        |
|                    | "Indigenous           |                        |
|                    | populations and their |                        |
|                    | members shall have    |                        |
|                    | the right to benefit  |                        |
|                    | from the intellectual |                        |
|                    | property rights       |                        |
|                    | system under the same |                        |
|                    | terms as the general  |                        |
|                    | population. The state |                        |
|                    | shall spare no        |                        |
|                    | reasonable effort to  |                        |
|                    | protect the           |                        |
|                    | intellectual property |                        |
|                    | rights of the         |                        |
|                    | indigenous population |                        |
|                    | and its members and   |                        |
|                    | to prevent third      |                        |
|                    | parties from using an |                        |
|                    | indigenous            |                        |
|                    | population's lack of  |                        |
|                    | familiarity with      |                        |
|                    | intellectual property |                        |
|                    | rights to their own   |                        |
|                    | advantage."           |                        |
+--------------------+-----------------------+------------------------+

+--------------------+-----------------------+------------------------+
| 2\. Indigenous     | [REPRESENTATIVES OF   |                        |
| peoples have the   | THE                   |                        |
| right to control,  | STATES:]{.underline}  |                        |
| develop and        |                       |                        |
| protect their      | 2\. [From the meeting |                        |
| sciences and       | of November           |                        |
| technologies,      | 1999]{.underline}:    |                        |
| including their    | "Indigenous peoples   |                        |
| human and genetic  | have the right to     |                        |
| resources in       | control and develop   |                        |
| general, seeds,    | their sciences (and)  |                        |
| medicine,          | technologies (and     |                        |
| knowledge of plant | genetic resources),   |                        |
| and animal life,   | including their human |                        |
| original designs   | and genetic resources |                        |
| and procedures.    | \[in general, seeds,  |                        |
|                    | medicine, knowledge   |                        |
|                    | of plant and animal   |                        |
|                    | life, and original    |                        |
|                    | designs and           |                        |
|                    | procedures\] (in      |                        |
|                    | keeping with          |                        |
|                    | applicable national   |                        |
|                    | law)."                |                        |
|                    |                       |                        |
|                    | 2\. [Proposal by      |                        |
|                    | Mexico,               |                        |
|                    | 1999]{.underline}.    |                        |
|                    | Mexico proposes that  |                        |
|                    | all the text in       |                        |
|                    | square brackets be    |                        |
|                    | deleted.              |                        |
+--------------------+-----------------------+------------------------+

+--------------------+----------------------+-------------------------+
| 3\. The states     | [REPRESENTATIVES OF  | 2\. The states shall    |
| shall take         | THE                  | take appropriate        |
| appropriate        | STATES:]{.underline} | measures to ensure the  |
| measures to ensure |                      | participation of        |
| the participation  | 3\. [From the        | indigenous peoples in   |
| of indigenous      | meeting of November  | determining the rights  |
| peoples in         | 1999]{.underline}:   | cited in the previous   |
| determining the    | The states shall     | paragraph.              |
| conditions for     | take appropriate     |                         |
| both public and    | measures to ensure   |                         |
| private            | the participation of |                         |
| utilization, of    | indigenous peoples   |                         |
| the rights cited   | in determining the   |                         |
| in the preceding   | rights cited in      |                         |
| two paragraphs.    | paragraphs 1 and 2.  |                         |
+--------------------+----------------------+-------------------------+

+--------------------+----------------------+-------------------------+
| Article XXI. [The  | [REPRESENTATIVES OF  | Article XXI. [Right to  |
| right to           | THE                  | d                       |
| develo             | STATES:]{.underline} | evelopment]{.underline} |
| pment]{.underline} |                      |                         |
|                    | Article XXI. ([The   |                         |
|                    | right to             |                         |
|                    | devel                |                         |
|                    | opment)]{.underline} |                         |
|                    |                      |                         |
|                    | [Proposed new        |                         |
|                    | title]{.underline}:  |                         |
|                    | ([The right to       |                         |
|                    | economic             |                         |
|                    | devel                |                         |
|                    | opment)]{.underline} |                         |
+--------------------+----------------------+-------------------------+

+--------------------+----------------------+-------------------------+
| 1\. The states     | [REPRESENTATIVES OF  | 1\. The states          |
| recognize the      | THE                  | recognize the right of  |
| right of           | STATES:]{.underline} | indigenous peoples to   |
| indigenous peoples |                      | decide autonomously     |
| to decide          | 1\. [From the        | what values,            |
| democratically     | meeting of November  | objectives, priorities, |
| what values,       | 1999]{.underline}:   | and strategies will     |
| objectives,        | The states recognize | guide their             |
| priorities and     | the right of         | development. Indigenous |
| strategies will    | indigenous peoples   | peoples shall be        |
| govern and steer   | to decide            | entitled to obtain,     |
| their development  | (autonomously)       | without discrimination  |
| course, even when  | \[democratically\]   | of any kind,            |
| they differ from   | what values,         | appropriate means for   |
| those adopted by   | objectives,          | their own development,  |
| the national       | priorities, and      | and to contribute in    |
| government or by   | strategies will      | their own ways to       |
| other segments of  | (guide) (govern and  | national development    |
| society.           | orient) the course   | and international       |
| Indigenous peoples | of their             | cooperation.            |
| shall be entitled  | development\[, even  |                         |
| to obtain on a     | when these differ    |                         |
| non-discriminatory | from those adopted   |                         |
| basis appropriate  | by the state at the  |                         |
| means for their    | national level or by |                         |
| own development    | other segments of    |                         |
| according to their | society\].           |                         |
| preferences and    | Indigenous peoples   |                         |
| values; and to     | shall be entitled to |                         |
| contribute by      | obtain, without      |                         |
| their own means,   | discrimination of    |                         |
| as distinct        | any kind,            |                         |
| societies, to      | appropriate means    |                         |
| national           | for their own        |                         |
| development and    | development          |                         |
| international      | \[according to their |                         |
| cooperation.       | preferences and      |                         |
|                    | values; and to       |                         |
|                    | contribute in their  |                         |
|                    | own ways, as         |                         |
|                    | distinct societies,  |                         |
|                    | to national          |                         |
|                    | development and      |                         |
|                    | international        |                         |
|                    | cooperation.\]       |                         |
|                    |                      |                         |
|                    | 1*.* [Proposal by    |                         |
|                    | the United States,   |                         |
|                    | 1999]{.underline}:   |                         |
|                    | "States should take  |                         |
|                    | reasonable measures  |                         |
|                    | to consult with      |                         |
|                    | indigenous peoples   |                         |
|                    | when considering     |                         |
|                    | public policies for  |                         |
|                    | the economic         |                         |
|                    | development of       |                         |
|                    | indigenous lands or  |                         |
|                    | regions, or programs |                         |
|                    | that will affect the |                         |
|                    | living conditions or |                         |
|                    | other legitimate     |                         |
|                    | interests of such    |                         |
|                    | societies."          |                         |
+--------------------+----------------------+-------------------------+

+--------------------+----------------------+-------------------------+
| 2\. Unless         | [REPRESENTATIVES OF  | 2\. The states shall    |
| exceptional        | THE                  | take the necessary      |
| circumstances so   | STATES:]{.underline} | measures to ensure that |
| warrant in the     |                      | decisions regarding any |
| public interest,   | 2\. [From the        | plan, program, or       |
| the states shall   | meeting of November  | proposal affecting the  |
| take the necessary | 1999]{.underline}:   | rights or living        |
| measures to ensure | "Unless exceptional  | conditions of           |
| that decisions     | circumstances so     | indigenous peoples are  |
| regarding any      | warrant in the       | taken in consultation   |
| plan, program, or  | public interest, the | with those peoples, so  |
| proposal affecting | states shall take    | that their preferences  |
| the rights or      | the necessary        | are recognized and no   |
| living conditions  | measures to ensure   | provision which might   |
| of indigenous      | that decisions       | have negative effects   |
| peoples are not    | regarding any plan,  | on those peoples is     |
| made without the   | program, or proposal | adopted. Said           |
| free and informed  | affecting the rights | consultations shall be  |
| consent and        | or living conditions | carried out in good     |
| participation of   | of indigenous        | faith and in a fashion  |
| those peoples;     | peoples are not made | suited to the           |
| that their         | without the free and | circumstances, with the |
| preferences are    | informed \[consent   | aim of reaching an      |
| recognized; and    | and\] participation  | agreement or achieving  |
| that no plan,      | of those peoples;    | consent regarding the   |
| program or         | that their           | proposed measures.      |
| proposal which     | preferences are      |                         |
| might have harmful | recognized; and that |                         |
| effects on those   | no provision which   |                         |
| peoples is         | might have negative  |                         |
| adopted.           | effects on those     |                         |
|                    | peoples is adopted." |                         |
+--------------------+----------------------+-------------------------+

+--------------------+----------------------+-------------------------+
| 3\. Indigenous     | [REPRESENTATIVES OF  | 3\. Indigenous peoples  |
| peoples have the   | THE                  | have the right to fair  |
| right to           | STATES:]{.underline} | compensation for any    |
| restitution or     |                      | loss caused them by the |
| compensation no    | 3\. [From the        | execution of those      |
| less favorable     | meeting of November  | plans or proposals      |
| than set by the    | 1999]{.underline}:   | despite the foregoing   |
| standards of       | \[Indigenous peoples | precautions; and to the |
| international law, | have the right to    | adoption of measures to |
| for any loss       | restitution or       | mitigate adverse        |
| which--despite the | compensation, no     | ecological, economic,   |
| foregoing          | less favorable than  | social, cultural, or    |
| precautions, the   | the standard under   | spiritual effects.      |
| execution of those | international law,   |                         |
| plans or proposals | for any loss caused  |                         |
| may have caused    | them by the          |                         |
| them; and to the   | execution of those   |                         |
| adoption of        | plans or proposals   |                         |
| measures to        | despite the          |                         |
| mitigate adverse   | foregoing            |                         |
| environmental,     | precautions; and to  |                         |
| economic, social,  | the adoption of      |                         |
| cultural or        | measures to mitigate |                         |
| spiritual effect.  | adverse ecological,  |                         |
|                    | economic, social,    |                         |
|                    | cultural, or         |                         |
|                    | spiritual effects.\] |                         |
|                    | Argentina proposes   |                         |
|                    | that this paragraph  |                         |
|                    | be deleted; Brazil   |                         |
|                    | seconds the motion.  |                         |
|                    |                      |                         |
|                    | 3\. [Proposal by     |                         |
|                    | Argentina seconded   |                         |
|                    | by Brazil,           |                         |
|                    | 1999]{.underline}:   |                         |
|                    | Proposes that this   |                         |
|                    | paragraph be         |                         |
|                    | deleted.             |                         |
+--------------------+----------------------+-------------------------+

+--------------------+-----------------------+------------------------+
| **SECTION SIX.     | **SECTION SIX.        | #### **SECTION SIX     |
| GENERAL            | GENERAL PROVISIONS**  | . GENERAL PROVISIONS** |
| PROVISIONS**       |                       |                        |
|                    | [REPRESENTATIVES OF   | Article XXII.          |
| Article XXII.      | THE                   | [Treaties, agreements, |
| [Treaties, acts,   | STATES:]{.underline}  | and constructive       |
| agreements and     |                       | arr                    |
| constructive       | [Proposal by Mexico,  | angements]{.underline} |
| arrange            | 1999]{.underline}:    |                        |
| ments]{.underline} | Mexico proposes that  | Indigenous peoples     |
|                    | the whole of this     | have the right to the  |
| Indigenous peoples | section be deleted.   | recognition,           |
| have the right to  |                       | observance, and        |
| the recognition,   | Article XXII.         | enforcement of         |
| observance and     | [Treaties, acts,      | treaties, agreements,  |
| enforcement of     | agreements, and       | and other arrangements |
| treaties,          | constructive          | that may have been     |
| agreements and     | arra                  | concluded with states  |
| other arrangements | ngements]{.underline} | or their successors,   |
| that may have been |                       | according to their     |
| concluded with     | [Text from the        | spirit and intent, and |
| states or their    | meeting of November   | to have states honor   |
| successors, as     | 1999:]{.underline}    | and respect such       |
| well as historical | Indigenous peoples    | treaties.              |
| Acts, according to | have the right to the |                        |
| their spirit and   | recognition,          |                        |
| intent; and to     | observance, and       |                        |
| have states honor  | enforcement of        |                        |
| and respect such   | (valid) treaties,     |                        |
| treaties,          | agreements, and other |                        |
| agreements, and    | arrangements that may |                        |
| constructive       | have been concluded   |                        |
| arrangements as    | with states or their  |                        |
| well as the        | successors, \[as well |                        |
| historical rights  | as historical acts\], |                        |
| emanating from     | according to their    |                        |
| those instruments. | spirit and intent;    |                        |
| Conflicts and      | and to have states    |                        |
| disputes which     | honor and respect     |                        |
| cannot otherwise   | such treaties, acts,  |                        |
| be settled shall   | agreements, and       |                        |
| be submitted to    | constructive          |                        |
| the competent      | arrangements as well  |                        |
| bodies.            | as the \[historical   |                        |
|                    | rights\] deriving     |                        |
|                    | from those            |                        |
|                    | instruments.          |                        |
|                    | \[Conflicts and       |                        |
|                    | disputes which cannot |                        |
|                    | otherwise be settled  |                        |
|                    | shall be submitted to |                        |
|                    | the competent         |                        |
|                    | domestic bodies.\]    |                        |
|                    |                       |                        |
|                    | [United States        |                        |
|                    | proposal,             |                        |
|                    | 1999:]{.underline}    |                        |
|                    | "States should take   |                        |
|                    | all necessary steps   |                        |
|                    | under domestic law to |                        |
|                    | implement obligations |                        |
|                    | to indigenous peoples |                        |
|                    | under treaties and    |                        |
|                    | other agreements      |                        |
|                    | negotiated with them  |                        |
|                    | and, where            |                        |
|                    | appropriate, to       |                        |
|                    | establish procedures  |                        |
|                    | for resolving         |                        |
|                    | grievances arising    |                        |
|                    | under such treaties   |                        |
|                    | and agreements in     |                        |
|                    | accordance with       |                        |
|                    | principles of equity  |                        |
|                    | and justice."         |                        |
|                    |                       |                        |
|                    | [Brazilian proposal,  |                        |
|                    | 1999]{.underline}:    |                        |
|                    | "Indigenous peoples   |                        |
|                    | have a right to the   |                        |
|                    | recognition,          |                        |
|                    | observance, and       |                        |
|                    | application of the    |                        |
|                    | treaties, agreements, |                        |
|                    | and other             |                        |
|                    | arrangements they may |                        |
|                    | have concluded with   |                        |
|                    | states or their       |                        |
|                    | successors, according |                        |
|                    | to their spirit and   |                        |
|                    | original intent, and  |                        |
|                    | to take steps to      |                        |
|                    | ensure that they are  |                        |
|                    | respected and         |                        |
|                    | observed by the       |                        |
|                    | states."              |                        |
|                    |                       |                        |
|                    | [INDIGENOUS           |                        |
|                    | REPRESEN              |                        |
|                    | TATIVES:]{.underline} |                        |
|                    |                       |                        |
|                    | [Proposal by Darwin   |                        |
|                    | Hill, indigenous      |                        |
|                    | representative,       |                        |
|                    | 1999]{.underline}:    |                        |
|                    | "Indigenous peoples   |                        |
|                    | have the right to the |                        |
|                    | recognition,          |                        |
|                    | observance, and       |                        |
|                    | enforcement of        |                        |
|                    | treaties, agreements, |                        |
|                    | and other             |                        |
|                    | constructive          |                        |
|                    | arrangements that may |                        |
|                    | have been concluded   |                        |
|                    | with states or their  |                        |
|                    | successors, according |                        |
|                    | to their spirit and   |                        |
|                    | original intent; and  |                        |
|                    | to have states honor  |                        |
|                    | and respect such      |                        |
|                    | treaties, agreements, |                        |
|                    | and arrangements.     |                        |
|                    | Conflicts and         |                        |
|                    | disputes which cannot |                        |
|                    | otherwise be settled  |                        |
|                    | shall be submitted to |                        |
|                    | the international     |                        |
|                    | competent bodies by   |                        |
|                    | all the parties       |                        |
|                    | involved."            |                        |
+--------------------+-----------------------+------------------------+

+--------------------+-----------------------+------------------------+
| Article XXIII      | Article XXIII.        | Article XXIII.         |
|                    |                       |                        |
| Nothing in this    | [REPRESENTATIVES OF   | Nothing in this        |
| instrument shall   | THE                   | Declaration shall be   |
| be construed as    | STATES:]{.underline}  | construed as           |
| excluding or       |                       | diminishing or         |
| limiting existing  | [Text from the        | extinguishing the      |
| or future rights   | meeting of November   | existing or future     |
| which indigenous   | 1999]{.underline}:    | rights of indigenous   |
| peoples may have   | Nothing in this       | individuals or         |
| or acquire.        | instrument shall be   | peoples.               |
|                    | construed as          |                        |
|                    | excluding or limiting |                        |
|                    | existing or future    |                        |
|                    | rights which          |                        |
|                    | indigenous peoples    |                        |
|                    | may have or acquire.  |                        |
|                    |                       |                        |
|                    | [United States        |                        |
|                    | proposal,             |                        |
|                    | 1999]{.underline}:    |                        |
|                    | "Nothing in this      |                        |
|                    | declaration should be |                        |
|                    | construed as          |                        |
|                    | diminishing or        |                        |
|                    | extinguishing rights  |                        |
|                    | of indigenous         |                        |
|                    | individuals or        |                        |
|                    | peoples."             |                        |
+--------------------+-----------------------+------------------------+

+--------------------+-----------------------+------------------------+
| Article XXIV.      | Article XXIV.         | Article XXIV.          |
|                    |                       |                        |
| The rights         | [REPRESENTATIVES OF   | The rights recognized  |
| recognized herein  | THE                   | in this Declaration    |
| constitute the     | STATES:]{.underline}  | constitute the minimum |
| minimum standards  |                       | standards for the      |
| for the survival,  | [From the meeting of  | survival, dignity, and |
| dignity and        | November              | well-being of the      |
| well-being of the  | 1999]{.underline}:    | indigenous peoples of  |
| indigenous peoples | The rights recognized | the Americas.          |
| of the Americas.   | herein constitute the |                        |
|                    | minimum standards for |                        |
|                    | the survival,         |                        |
|                    | dignity, and          |                        |
|                    | well-being of the     |                        |
|                    | indigenous peoples of |                        |
|                    | the Americas.         |                        |
+--------------------+-----------------------+------------------------+

+--------------------+-----------------------+------------------------+
| Article XXV.       | Article XXV.          | Article XXV.           |
|                    |                       |                        |
| Nothing in this    | [REPRESENTATIVES OF   | Nothing in this        |
| instrument shall   | THE                   | Declaration shall be   |
| be construed as    | STATES:]{.underline}  | construed as granting  |
| granting any       |                       | any rights to ignore   |
| rights to ignore   | [From the meeting of  | boundaries between     |
| boundaries between | November              | states.                |
| states.            | 1999]{.underline}:    |                        |
|                    | Nothing in this       |                        |
|                    | instrument shall be   |                        |
|                    | construed as granting |                        |
|                    | any rights to ignore  |                        |
|                    | boundaries between    |                        |
|                    | states.               |                        |
+--------------------+-----------------------+------------------------+

+--------------------+-----------------------+------------------------+
| Article XXVI.      | \[Article XXVI.       | Article XXVI           |
|                    |                       |                        |
| Nothing in this    | [REPRESENTATIVES OF   | All applications and   |
| Declaration        | THE                   | interpretations of     |
| implies or may be  | STATES:]{.underline}  | this Declaration shall |
| construed as       |                       | respect the sovereign  |
| permitting any     | [Text from the        | equality, territorial  |
| activity contrary  | meeting of November   | integrity, political   |
| to the purposes    | 1999:]{.underline}    | independence of        |
| and principles of  | Nothing in this       | states, and other      |
| the Organization   | Declaration implies   | principles enshrined   |
| of American        | or may be construed   | in the Charter of the  |
| States, including  | as permitting any     | Organization of        |
| sovereign          | activity contrary to  | American States.       |
| equality,          | the purposes and      |                        |
| territorial        | principles of the     |                        |
| integrity and      | Organization of       |                        |
| political          | American States,      |                        |
| independence of    | including sovereign   |                        |
| states.            | equality, territorial |                        |
|                    | integrity, and        |                        |
|                    | political             |                        |
|                    | independence of       |                        |
|                    | states.               |                        |
|                    |                       |                        |
|                    | [Proposal by Brazil   |                        |
|                    | and Mexico,           |                        |
|                    | 1999:]{.underline}    |                        |
|                    | Brazil and Mexico     |                        |
|                    | propose that Article  |                        |
|                    | XXVI be deleted.      |                        |
+--------------------+-----------------------+------------------------+

+--------------------+-----------------------+------------------------+
| Article XXVII.     | Article XXVII.        |                        |
| [Implement         | [Implem               |                        |
| ation]{.underline} | entación]{.underline} |                        |
|                    |                       |                        |
| The Organization   | [REPRESENTATIVES OF   |                        |
| of American States | THE                   |                        |
| and its organs,    | STATES:]{.underline}  |                        |
| agencies, and      |                       |                        |
| entities--in       | Article XXVII.        |                        |
| particular the     | [Implem               |                        |
| Inter-American     | entation]{.underline} |                        |
| Indian Institute,  |                       |                        |
| the Inter-American | [Text from the        |                        |
| Commission of      | meeting of November   |                        |
| Human              | 1999:]{.underline}    |                        |
| Rights--shall      | The Organization of   |                        |
| promote respect    | American States and   |                        |
| for, and full      | its organs, agencies, |                        |
| application of,    | and entities--in      |                        |
| the provisions of  | particular the        |                        |
| this Declaration.  | Inter-American Indian |                        |
|                    | Institute and the     |                        |
|                    | Inter-American        |                        |
|                    | Commission of Human   |                        |
|                    | Rights--shall promote |                        |
|                    | respect for, and full |                        |
|                    | application of, the   |                        |
|                    | provisions of this    |                        |
|                    | Declaration.          |                        |
|                    |                       |                        |
|                    | [Proposal by          |                        |
|                    | Argentina, Brazil,    |                        |
|                    | and Mexico,           |                        |
|                    | 1999:]{.underline}    |                        |
|                    | Argentina, Brazil,    |                        |
|                    | and Mexico propose    |                        |
|                    | that this article be  |                        |
|                    | deleted.              |                        |
|                    |                       |                        |
|                    | [New paragraph        |                        |
|                    | proposed by Brazil,   |                        |
|                    | 1999:]{.underline}    |                        |
|                    | "The nature and scope |                        |
|                    | of the measures to be |                        |
|                    | taken to comply with  |                        |
|                    | this Declaration      |                        |
|                    | shall be determined   |                        |
|                    | flexibly, taking into |                        |
|                    | account the           |                        |
|                    | particular            |                        |
|                    | circumstances of each |                        |
|                    | country."             |                        |
+--------------------+-----------------------+------------------------+

+--------------------+-----------------------+------------------------+
|                    |                       | Article XXVII          |
|                    |                       |                        |
|                    |                       | All applications and   |
|                    |                       | interpretations of     |
|                    |                       | this Declaration shall |
|                    |                       | respect the            |
|                    |                       | constitutional         |
|                    |                       | principles of each     |
|                    |                       | state.                 |
|                    |                       |                        |
|                    |                       | Article XXVIII         |
|                    |                       |                        |
|                    |                       | The nature and scope   |
|                    |                       | of the measures that   |
|                    |                       | must be taken to       |
|                    |                       | comply with this       |
|                    |                       | Declaration shall be   |
|                    |                       | determined on a        |
|                    |                       | flexible basis, taking |
|                    |                       | the particular         |
|                    |                       | conditions of each     |
|                    |                       | country into account.  |
+--------------------+-----------------------+------------------------+

[^1]:
    > . The proposals made by Paulo Celso Oliveira were presented by a
    > group of organization made up of: the National Congress of
    > American Indians, Indian Law Resource Center, the Amerindian
    > Peoples Association, the Carib Council of Dominica, the
    > International Organization of Indigenous Resources Development,
    > the Metis Nation (Canada) represented by Metis National Council,
    > and Brooklyn Rivera, Principal Leader of YATAMA. See Working Group
    > document GT/DADIN/doc.23/01 add. 2.