Establishing the Working Group
The current Working Group was created by the OAS General Assembly on June 7, 1999(Resolution 1610) as a dependent organ of the Permanent Council to be in charge of the Committee on Juridical and Political Issues. The following points of this Resolution are noteworthy:
1. To establish a working group of the Permanent Council to continue consideration of the Proposed American Declaration on the Rights of Indigenous Populations.
2. To invite the Working Group to take account of the observations and comments of the member states and of the various organs, agencies, and entities of the inter-American system.
3. To also invite the Working Group to provide for appropriate participation in its efforts by representatives of indigenous communities, so that their observations and suggestions may be considered.
The Working Group Methodology
The Working Group in charge of the elaboration of the American Declaration on the Rights of Indigenous Peoples provides a forum for all participants - including indigenous peoples, member state delegations, and NGOs - to express their opinions on the draft declaration and its development. The Working Group meetings center around participant interventions that address specific language within the draft declaration or procedure. Making reference to the most recent text basis, participants submit proposals for alternative language related to particular articles of the draft declaration, and these proposals are then reflected in the chair's summary, which is issued at the closing of every meeting. The extent to which these alternative proposals actually get incorporated into the most current version of the draft depends upon the support they receive from other participants in the Working Group and the extent to which they are conducive to consensus. The Chair of the Working Group plays a pivotal role in guiding the Working Group discussions, facilitating consensus, and interpreting and summarizing the debate.
In the capacity of facilitator, the Chair of the Working Group moderates the debate and acknowledges interventions by states, indigenous peoples, and others. In addition, the Chair defines tasks and working methodology and coordinates the final reports of each session. Currently, the authorities of the Working Group are: 1) Mr. Reynaldo Cuadros Anaya, Chair and Permanent Representative of Bolivia; and 2) Mr. Luis Exequiel Alvarado Ramirez, Vice-Chair and Alternate Representative of Nicaragua.
There are also several technical advisors that facilitate the working group process, following General Assembly Resolution 1780, which directed the organs and agencies of the OAS to provide needed training and advice for the Permanent Council's work. Currently, the authorities of the Working Group rely on the technical assistance of: 1) Maria Isabel Madariaga, Lawyer of the Inter-American Commission of Human Rights; and 2) Luis Toro, Lawyer of the Office of Rights and Inter-American Programs of the Department of Legal Issues and Services, among other functionaries.
It is worth emphasizing that indigenous representatives and organizations who wish to participate in the OAS working group process can do so freely, without needing to obtain consultative status. See Indigenous Participation.
Finally, one of the most important functions of the Working Group has been to open a space for dialogue about contentious issues that are directly related to indigenous peoples' sustenance and cultural survival. In this manner, the Working Group meetings not only contribute to the development of the language of the draft declaration itself but also contribute to the development of international understanding. Some of the most important advancements in international understanding have been related to land, territory, and resource rights; and self-determination.