OEA/Ser.L/V/II.108
Doc. 62
20 October 2000
Original: Spanish

THE HUMAN RIGHTS SITUATION OF THE INDIGENOUS PEOPLE IN THE AMERICAS

TABLE OF CONTENTS

PREFACE

INTRODUCTION

CHAPTER I. HISTORICAL BACKGROUND OF THE RIGHTS OF INDIGENOUS PEOPLE UNDER THE INTER-AMERICAN SYSTEM

1. Background on inter-American Indigenous issues

2. The inter-American system of human rights and indigenous rights

A. The Inter-American Legal and Institutional Framework

B. The Protection Mechanisms of the Inter-American System of Human Rights

C. The individual petition system

D. Request to states for precautionary or provisional measures

CHAPTER II. PREPARATORY DOCUMENTS FOR THE DRAFT AMERICAN DECLARATION ON THE RIGHTS OF INDIGENOUS PEOPLES

1. Justification and recommendation to the General Assembly of the OAS on the preparation of an Inter-American instruments on this matter

2. General Assembly Resolution Nº 1022/89 ordering in directive 13 the preparation of a legal instrument

3. Methodology for preparing an inter-American legal instrument on the human rights of indigenous peoples

4. Questionnaire sent by the IACHR in April of 1992 to the member states and more than 300 indigenous and international organizations

5. Report on the first round of consultations concerning the future inter-American legal instrument on indigenous rights

6. First draft consultation for an American Declaration on the Rights of Indigenous Peoples sent by the IACHR to member States (1995) the basis for consultations with National and regional indigenous groups

7. IACHR presentation to the General Assembly of its draft American Declaration of the Rights of Indigenous Peoples and background documents (1997)

8. Draft American Declaration of the Rights of Indigenous Peoples

9. General Assembly resolutions on the draft Declaration 1997, 1998 and 1999

CHAPTER III. DOCTRINE AND JURISPRUDENCE OF THE IACHR ON INDIGENOUS RIGHTS

1. Rights to life, personal liberty, and humane treatment

2. Right to property

3. Rights of the family

4. Discriminatory military recruitment of indigenous men, in violation of the rights to personal liberty, protection of human dignity, and freedom of movement

5. Right to Judicial Protection

6. The concept of collective rights in relation to human rights

A. Collective rights in individual cases involving indigenous populations

B. Collective rights in the Proposed American Declaration on the Rights of Indigenous Peoples

ANEXOS

1. Report on Case Nº7615 “Yanomami vs. Brasil�? Resolution Nº12/85 (March 5, 1985)

2. Judgment of the Inter-American Court regarding the reparations in Case Aloeboetoe et al. vs. Suriname

3. Friendly Settlement Report Nº 90/99 in Case Nº11.713 “Exnet vs. Paraguay�?

4. Report Nº49/99 of Case Nº11.610 “Loren Laroye Riebe Star y otros�? (Mexico)

5. Report Nº31/99 of Case Nº11.763 “Masacre de Plan de Sánchez�? (Guatemala)

6. Report Nº26/00 of Case Nº11.821 “Village of Moiwana�? (Suriname)

7. Report Nº99/99 of Case Nº11.140 “Mary and Carrie Dann�? (United States)

8. Report Nº36/00 of Case Nº11.101 “Massacre Caloto�? (Colombia)

9. Press Release Nº5/99, Murder in the Indigenous community "Menominee" (Colombia)

CHAPTER IV SITUATION OF HUMAN RIGHTS OF INDIGENOUS PEOPLES IN CERTAIN COUNTRIES OF THE AMERICAS
(RESPECTIVE CHAPTERS OF GENERAL REPORTS)

1. Report on the situation of human rights of indigenous peoples in Guatemala (1993)

2. Report on the situation of human rights of indigenous peoples in Colombia (1993)

3. Report on the situation of human rights of indigenous peoples in Colombia (1998)

4. Report on the situation of human rights of indigenous peoples in Ecuador (1997)

5. Report on the situation of human rights of indigenous peoples in Brazil (1997)

6. Report on the situation of human rights of indigenous peoples in Mexico (1998)

7. Report on the situation of human rights of indigenous peoples in Peru (2000)