Preliminary Developments Based on the Text Approved by the Inter-American Commission on Human Rights
The first phase of the draft declaration development was characterized by a strong resistance to civil society participation. With a few exceptions, OAS member states maintained a staunch resistance to indigenous and NGO participation and confined participation to member state delegations and experts in the field. When the OAS General Assembly gave the directive (Resolution 1022) to develop an instrument dealing with indigenous rights in 1989, indigenous representatives and organizations requested a space to participate in the process, but it would be years before they would be allowed to participate alongside member states. By 1997, the Inter-American Commission had developed the first text of the declaration, which was given to the Permanent Council for consideration. In considering the text, the General Assembly instructed the Permanent Council to take into account input from OAS agencies and member states, (Resolution 1479 & Resolution 1549, respectively). In addition, indigenous peoples suggested that the Permanent Council carry out consultations with indigenous groups through regional meetings in North America, Central America, and South America. Although some experts involved in the process did consult with indigenous peoples of their own volition, the recommendation to carry out regional consultations was never followed nor was any formalized space for indigenous participation made available during these early years.
In 1999, the Working Group was established and given the task of considering the adequate participation of indigenous peoples (Resolution 1610). Prior to the Working Group's first meeting, the Permanent Council met to discuss the Working Group's methodology and mandate, but indigenous participation was again excluded. Only due to Antigua and Barbados's contentious decision to offer several of its seats to indigenous representatives were indigenous peoples able to voice some of their perspectives on the draft declaration. Nevertheless, of the hundreds of indigenous representatives that had come to participate in the meeting, the seats offered by Antigua and Barbados only provided space for three representatives to speak. Armstrong Wiggins, of the Washington office of the Indian Law Resource Center, was one of those chosen by indigenous representatives to speak on their behalf.
Even still, most states - with the notable exceptions of the US, Canada, and Antigua and Barbados - remained against indigenous participation in substantive working group discussions. As a result, indigenous representatives, including those from the Indian Law Center, made a show of protest against the undemocratic practices of the OAS by coordinating a mass walk-out from the first Working Group meeting. As pressure mounted, OAS member states that had previously been against indigenous participation eventually realized that the OAS could no longer continue its closed door policy towards civic participation.
In response to these pressures, the latter half of the first stage of the draft declaration process was marked by a noticeable increase in indigenous participation. In June of 2000, the General Assembly asked the Secretary General to facilitate the diffusion of the Working Group's documents and to consider measures to promote a more representative participation of indigenous organizations and communities (Resolution 1708). By December 2000, indigenous peoples were participating actively in the Working Group meetings, if not exactly on equal footing with states. In an effort to facilitate this participation, the General Assembly took further action during 2001-2002 by creating a Voluntary Fund of contributions to support costs related to indigenous participation, requesting that OAS agencies provide juridical counseling to indigenous representatives (Resolution 1780), and encouraging member governments to establish mechanisms for national consultations with indigenous representatives (Resolution 1851).
Finally, on June 10, 2003, the OAS General Assembly directed the Working Group to begin the negotiation meetings in the quest for consensus on the basis of the Chair of the Working Group's Text. These negotiations were based on proposals submitted by both indigenous peoples and member states, as well as others (Resolution 1919). Thus, efforts to secure indigenous peoples' right to participate fully and effectively led to the OAS discussion process becoming significantly more accessible to civil society. These multi-lateral negotiations ushered in the second stage of the process: Negotiation Meetings in the Quest for Points of Consensus.