Base and Referential Texts for Draft Discussion
There are three official versions of the draft declaration that have served as reference points for discussion over the draft's language during the three distinct chronological stages in the draft's development. These texts reflect contemporaneous developments in the debate over the draft language and provide a revised basis for subsequent discussions.
The last two texts were developed as a result of debates and processes within the Working Group. Thus, the Consolidated Text and New Text Basis reflect previously submitted proposals and interventions by different parties. In particular, the New Text Basis resulted from the later stages of the Working Group negotiations, during which indigenous peoples and NGOs contributed a significant amount of interventions and proposals.
In general, Working Group meetings on the draft Declaration focus on texts and proposals submitted by member state delegations, indigenous representatives, and NGOs. Proposals provide alternative language for specific articles of the declaration, either in part or in entirety, but may also contain general comments related to the process or concerns of the proponent. These proposals form the basis of discussions and may or may not be incorporated into the most current version of the draft declaration.
As recognized by the OAS Permanent Council's Committee of Juridical and Political Issues, the three texts that have formed the basis of discussions during progressive stages are:
1. Text Approved by the Inter-American Commission on Human Rights, (February 26, 1997);
2. Consolidated Text Prepared by the Chair of the Working Group, (June 17, 2003);
3. New Basic Text for the Final Revision, Outcomes of the Eleventh Meeting of Negotation in the Quest for Points of Consensus, Held by the Working Group (April 2008).
Within the framework of the final revision of the text, the New Text resulting from the Eleventh Negotiation Meeting currently forms the basis of discussions between state member delegations and indigenous representatives.
Proposals: States, Indigenous Peoples, and NGOs
In addition to these fundamental texts, there exist compendiums of proposals related to particular articles of the draft declaration which were submitted for the Working Group's consideration, including many proposals from member states. Since indigenous peoples were officially recognized as participants of the Working Group on par with state member delegations in 2003, these compendiums also include numerous proposals by indigenous peoples and organizations. These proposals constitute a significant contribution to the current discussions of the Working Group. The latest compendium of proposals was released at the conclusion of the ninth meeting of negotiations:
1. Compendium of Proposals of the Nine Meetings of Negotiations in the Quest for Points of Consensus (As of January 26, 2007)
With regards to the texts described above, it is important to note that for the first time in the OAS's work, it has become pertinent to build new regional legal instruments through a process in which delegations from member states and non-state participants alike, such as indigenous peoples, are considered actors. Consequently, the consensus needed to move forward now implies not only consensus among member state delegations but also consensus shared by indigenous representatives.