OEA - CP - Resolución CP CAJP 3873 rev 10

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PERMANENT COUNCIL OF THE OEA/Ser.G

ORGANIZATION OF AMERICAN STATES CP/CAJP-3873/25 rev. 10 30 March 2026

COMMITTEE ON JURIDICAL AND POLITICAL AFFAIRS Original: Spanish/English OPEN-ENDED INFORMAL WORKING GROUP UNDER THE CAJP, TO PROMOTE NEGOTIATIONS ON PROPOSED LANGUAGE FOR A FUTURE INTER-AMERICAN DECLARATION ON THE RIGHTS OF PERSONS AND PEOPLES OF AFRICAN DESCENT DRAFT INTER-AMERICAN DECLARATION ON THE RIGHTS OF PERSONS AND PEOPLES OF AFRICAN DESCENT ( New Draft proposed by the delegations of Colombia and Brazil taking into account the changes introduced in the informal meetings of November 11 and 18, December 4 and 16, 2025, January 30, February 5, 13 and 20, and March 30, 2026)1 DRAFT INTER-AMERICAN DECLARATION ON THE RIGHTS OF PERSONS AND PEOPLES OF AFRICAN DESCENT1 /2 / ( New Draft proposed by the delegations of Colombia and Brazil taking into account the changes introduced in the informal meetings of November 11 and 18, December 4 and 16, 2025, January 30, February 5, 13 and 20, and March 30, 2026) [PER+CHI+PAN: in consultation for the whole document] [CRI: instructions pending on the new version (10)] PREAMBLE The Member States of the Organization of American States (hereinafter referred to as the States) RECALLING the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social, and Cultural Rights, the International

Convention on the Elimination of All Forms of Racial Discrimination, the Vienna Declaration and Program of Action, the Durban Declaration and Program of Action, and other relevant international instruments; (first reading 111125; second reading 120425; third reading – Pre-agreed 013026) BEARING IN MIND the Charter of the Charter of the Organization of American States (OAS), the American Declaration of the Rights and Duties of Man, the Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social, and Cultural Rights ("Protocol of San Salvador"), the Inter-American Democratic Charter, the Social Charter of the Americas, the InterAmerican Convention against Racism, Racial Discrimination, and Related Forms of Intolerance, and the Inter-American Convention against All Forms of Discrimination and Intolerance; (first reading 111125; second reading 120425; third reading – Pre-agreed 013026) KEEPING IN MIND that Persons, Peoples and Communities of African Descent are among the groups in situation of vulnerability in the hemisphere as a result of poverty, human development gaps ,

1 . Original texts provided by the delegations of Colombia and Brazil, in English and Spanish. 2 . Canada will submit a footnote2 marginalization, and social exclusion, economic inequalities, which are closely linked to racism, racial discrimination, xenophobia, and related forms of intolerance; (first reading 111125; second reading 120425; third reading 013026; fourth reading 033026) (Pre-agreed 033026) (ARG: in consultation) RECOGNIZING the crucial role that persons, peoples and/or Communities of African descent play in the implementation of the goals of the United Nations Framework Convention on Climate Change, the Paris Agreement, and the Convention on Biological Diversity, particularly through their contributions to the conservation and the sustainable use of biodiversity, based on the ancestral knowledge,

innovations, and traditional practices of their communities. (first reading 013026; second reading 033026) (Pre-agreed 033026)) (ARG: in consultation) RECOGNIZING ALSO that the resolutions of the General Assembly of the OAS and the declarations of the Summits of the Americas reiterate the concern of Member States for the inclusion, respect for human rights, and attention to the specific needs of persons, peoples and/or Communities of African descent, emphasizing the importance of coordinated actions to overcome historical inequalities; (first reading 111125; second reading 120425; third reading –Pre-agreed 013026) CONSIDERING that the Action Plan for the Decade for People of African-Descent (2016-2025) provided a regional strategic framework aimed at promoting public policies that address the consequences of the historical legacy of slavery and promote the full enjoyment of economic, social and cultural rights of African descent in the Americas; (first reading 111125; second reading 120425; third reading 013026; fourth reading 033026 – Pre-agreed 033026) TAKING INTO ACCOUNT that the Declaration of the Regional Conference of the Americas (Santiago, Chile, 2000) and the Declaration of the Preparatory Conference for the Review of Durban (Brasilia, 2008) strengthen the regional commitment to confront racism, discrimination, and xenophobia, highlighting the need to recognize and repair historical harms suffered by Peoples of African Descent, and to promote their development and full participation in society, (first reading 111125; second reading 120425; third agreed – Pre-agreed 013026)3 [ALT - PER: RECOGNIZING also that Afro-descendant Persons, Peoples and/or Communities of the Americas face aggravated and intersectional forms of discrimination based on gender, nationality, migratory status, age, socioeconomic status, religion or other kind;] [NEW MEX+COL+URU: RECOGNIZING that (PAR: due to the processes of colonization and the slave system gave rise to) structures of racial, economic, and cultural domination that persist to this day, and

nationality, migratory status, age, socioeconomic status, religion or other kind;] [NEW MEX+COL+URU: RECOGNIZING that (PAR: due to the processes of colonization and the slave system gave rise to) structures of racial, economic, and cultural domination that persist to this day, and the (GUA: Decolonization of institutions elimination of structural / ECU: and social (COL+BRA: request more information on “social racism” )) racism, knowledge, and historical narratives, as well as comprehensive reparations for the collective harms caused by colonialism, are essential;] (first reading 120425; second reading 013026) (ELS+PAR+PER+BOL+BEL+GUA+DR: in consultation) (ARG: suggests deletion) [ALT – MEX: RECOGNIZING that slavery and transatlantic slave trafficking constitute crimes against humanity; and are, within colonialism, the source and manifestation of racism, racial discrimination, xenophobia and related forms of intolerance, the structures and consequences persist to this day, violating the civil, political, economic, social, cultural and environmental human rights of persons of African Descent, as well as collective rights of their communities, in all countries of the region; and evidencing the indispensable and essential nature of comprehensive collective reparation;]

RECALLING that the vast majority of Persons, Peoples and/or Communities of African-Descent in the Americas are descendants of millions of Africans who were enslaved and forcibly transported as part of the inhumane [AB: practice of the ] Transatlantic Slave Trade and slavery [CHI+COL: Enslaved Persons and Slavery], the effects of which persist to this day; (first reading 111125; second reading 120425; third reading 013026; fourth reading 033026) [MEX: suggests adding a preambular paragraph on the evolution of language regarding the trafficking of enslaved persons]4 RECALLING ALSO that, at the Third World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance, it was recognized that the Transatlantic Slave Trade and slavery

[MEX: suggests adding a preambular paragraph on the evolution of language regarding the trafficking of enslaved persons]4 RECALLING ALSO that, at the Third World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance, it was recognized that the Transatlantic Slave Trade and slavery constitute crimes against humanity, and that reparative justice and the eradication of all forms of structural racism that continue to affect Afro-descendant peoples should be taken into account ; (first reading 111125; second reading 120425; third reading 013026; fourth reading 033026) (GUA: in consultation) BEARING IN MIND ALSO, United Nations resolutions A/RES/68/237, “Proclamation of the International Decade for People of African Descent” and A/RES/79/193, “Proclamation of the Second International Decade for People of African Descent”. (first reading 111125; second reading 120425; third reading – Pre-agreed 013026)

DECLARE:

Article 1. Persons, Peoples, and/or Communities of African Descent: Scope of Application and Extent (Preagreed 033026) (PAR: in consultations) For the purposes of this Declaration, a person of African Descent includes any person who selfidentifies as being of African ancestry and/or with an Afro-descendant phenotype and who, as a consequence of enslavement, colonialism, or situations of human mobility, may have historically experienced specific forms of structural racism and racial discrimination, thereby constituting part of a distinct group whose human rights require enhanced measures of protection and promotion. States shall respect the right to such self-identification. Likewise, an Afro-descendant People and/or Community is composed of persons of African origin living in the Americas and in other regions of the African diaspora as a result of slavery and situations of human mobility, who may have their own forms of social, economic, political, and cultural organization; may inhabit ancestral territories; and may exercise collective rights.5

I. RECOGNITION

Article 2.

living in the Americas and in other regions of the African diaspora as a result of slavery and situations of human mobility, who may have their own forms of social, economic, political, and cultural organization; may inhabit ancestral territories; and may exercise collective rights.5

I. RECOGNITION

Article 2. Right to Equality and Non-Discrimination (first reading 111125; second reading 120425; third reading 020526; fourth reading 033026) (Pre-agreed 033026) Persons, Peoples and/or Communities of African Descent have the right to equal protection against all forms of discrimination, including racism, racial discrimination , xenophobia, and related forms of intolerance.3 / (ARG: in consultation) Persons of African Descent have the right to recognition, enjoyment, exercise, and protection, on an equal basis, of all human rights and fundamental freedoms enshrined in international law . As well as their human, economic, social, cultural, environmental, civil and political rights. (DR: in consultation for the whole paragraph) Peoples and/or Communities of African Descent have the right to recognition of their collective existence and their collective rights, in accordance with the constitutional and legal frameworks of each State. States recognize the need to continue combating racism, racial discrimination, xenophobia, and other forms of intolerance specifically affecting Persons, Peoples and/or Communities of African Descent. 4 / States recognize the challenges posed by structural, institutional, and interpersonal racism, which affects peoples, communities, and persons of African descent; reaffirm the legitimate and necessary nature of special measures and affirmative actions as instruments to achieve substantive equality; as well as the need for States to promote measures to review legislation, public policies, and institutional practices that maintain or deepen racial inequalities. The States commit to make their best efforts to:

3 . Taken as a reference from Article 7 of the Universal Declaration of Human Rights and Article 24 of the American Convention on Human Rights. 4 . Paragraph 29 of the Santiago Declaration.6

1. Adopt measures to review, amend, or repeal legislation, public policies, and institutional practices that maintain or deepen racial inequalities.

3 . Taken as a reference from Article 7 of the Universal Declaration of Human Rights and Article 24 of the American Convention on Human Rights. 4 . Paragraph 29 of the Santiago Declaration.6

1. Adopt measures to review, amend, or repeal legislation, public policies, and institutional practices that maintain or deepen racial inequalities. ii. Adopt measures to eradicate the dissemination of ideas of racial superiority or inferiority, or ideas to justify or incite violence, hatred, or discrimination against Persons, Peoples and/or Communities of African Descent. iii. Take measures to eradicate incitement to discrimination against Persons, Peoples and/or Communities of African Descent online and offline, through education, prevention campaigns, public policies, and other actions, through the Internet, artificial intelligence, and other similar services.5 / iv. Proscribe and sanction all forms of public expression or messaging reproducing racial prejudice or reinforcing the exclusion of Afro-descendant Persons
2. Promote equal opportunities through programs aimed at the full development of Persons, Peoples and/or Communities of African descent6 / . vi. Adopt effective measures to prevent, identify, and eradicate institutional racism in all spheres of the public and private sectors, including the administration of justice, public security, education, health, and social services, while ensuring appropriate mechanisms for oversight, transparency, and accountability. vii. Adopt measures to promote the overcoming of contemporary forms of coloniality affecting Persons, Peoples and/or Communities of African Descent in the region, including through the review of political, administrative, or territorial frameworks that limit the exercise of their self-determination, their full development, and the effective enjoyment of their human rights.

Article 3. Right to Identity and Related Rights (first reading 111125; second reading 120425; third reading 020526; fourth reading 033026) (Pre-agreed 033026) Persons, Peoples and/or Communities of African Descent have the right to their own cultural identity, and to maintain, preserve, and promote their own forms of organization and way of life.7 /

5 . Ibid. 6 . Paragraph 203 of the Santiago Declaration. 7 . Paragraph 27 of the Santiago Declaration.7

Persons, Peoples and/or Communities of African Descent have the right to their own cultural identity, and to maintain, preserve, and promote their own forms of organization and way of life.7 /

5 . Ibid. 6 . Paragraph 203 of the Santiago Declaration. 7 . Paragraph 27 of the Santiago Declaration.7 The States recognize the existence of Persons, Peoples and/or Communities of African Descent within their territories, and the need to continue fighting against racism, racial discrimination, and other forms of intolerance that specifically affect them8 / . (CHI: possible footnote) The States commit to make their best efforts to:

1. Recognize, protect, document, and value the political, cultural, social, and economic contributions of Persons, Peoples and/or Communities of African Descent 9 / : historically and currently. ii. Review educational content and promote the teaching of Afro-descendant history to eradicate all manifestations of racism, racial discrimination, xenophobia, and related forms of intolerance or that reinforce negative stereotypes, and incorporate materials reflecting their contributions and dignity10/ . iii. Promote fair, equal, and respectful representations in the media and advertising that foster diversity, tolerance, and mutual respect.11/ iv. Promote narratives that strengthen their identity and collective self-esteem.12/

Article 4. Right to Protection of Cultural Heritage and Traditional Knowledge (first reading 111125; second reading 120425; third reading 020526; fourth reading 033026) (Pre-agreed 033026) Persons, Peoples and/or Communities of African Descent have the right to have, maintain, and promote their culture, traditions, and their languages13/ . (RD: in consultations) They also have the right to the protection and promotion of their traditional and scientific knowledge, their tangible and intangible cultural heritage, and their artistic heritage. States shall make their best efforts to promote the implementation of mechanisms for the full, equitable, free, and effective participation of Persons, Peoples and/or Communities of African Descent, to guarantee their participation in decision-making processes on the use and the benefits derived from these Rights.

8 . Paragraph 29 of the Santiago Declaration.

efforts to promote the implementation of mechanisms for the full, equitable, free, and effective participation of Persons, Peoples and/or Communities of African Descent, to guarantee their participation in decision-making processes on the use and the benefits derived from these Rights.

8 . Paragraph 29 of the Santiago Declaration. 9 . Ibid.

10. Paragraph 153 of the Santiago Declaration.

11. Paragraph 114 of the Santiago Declaration.

12. Paragraph 166 of the Santiago Declaration.

13. Ibid.8

States commit to promote better knowledge, the assessment and protection of the cultural and artistic heritage of Persons, Peoples and/or Communities of African Descent14/ , as well as creating spaces for gatherings where Afro-descendant culture is made visible, in order to promote and disseminate their cultural heritage. The expression of their culture should not be a reason for discrimination, recognizing that exclusion can come both from society at large and from their own communities, which may limit their rights. The States shall make their best efforts to promote the restitution of cultural property of African descent that has been illicitly removed or transferred, particularly during the colonial period. To this end, The States will promote mechanisms of international cooperation, dialogue, and heritage recovery, grounded in the rights to memory, historical truth, and reparation, with a view to ensuring that such cultural property may be returned to their communities and countries of origin. Article 5. Right to Life and Dignity (Pre-agreed 033026) The States Parties recognize their obligation to adopt all necessary measures to ensure that People of African descent effectively enjoy the right to life and the right to live with dignity, on an equal basis with other sectors of the population. Article 6. Statistical Information (first reading 111125; second reading 120425; third reading 02052026; fourth reading 033026)

The States commit to make their best efforts to:

1. Mandate the institutions responsible for providing disaggregated statistical information to explicitly consider the existence of People of African-descent, capturing all the main elements of their diversity according to needs and characteristics 15/ ii. Regulate the mandatory production of disaggregated data by ethnicity.

14. Paragraph 104 of the Santiago Declaration.

15. Paragraph 85 of the Santiago Declaration.9 iii. Establish, on the basis of available statistical information, national programs, including affirmative action measures, that promote access to basic social services for Persons, Peoples and/or Communities of African Descent. iv. Ensure the production of disaggregated statistics on violence and the use of force—including police lethality and deaths in custody—as well as on the corresponding investigations, proceedings, and sanctions.

1. Develop strategies to promote the full and effective participation of African Descent in the processes of accessing and using information [CHAIR+URU+CHI+DR+MEX+CRI: especially the design of categories and indicators, as well as the collection, analysis, interpretation, and use of the data, ensuring intercultural, intersectional, territorial , and gender approaches, as well as the protection of personal data and the prevention of discriminatory uses of information.] (ARG+ELS+PAR: cannot support // GUA+PER: in consultation) . 16/

Article 7. Right to Participation, Representation, and Inclusion (first reading 111125; second reading 120425; third reading 020526; fourth reading 033026) (Pre-agreed 033026) Afro-descendants have the right to participate fully, effectively and equitably in all areas of political, economic, social, and cultural life, particularly in matters that concern them17/ . (DR: in consultations)

The States shall make their best efforts to guarantee their participation on an equal footing, adapting its internal legal system, progressively and according to their capacities to reflect the ethnic and cultural diversity of society; and promoting the exchange of experiences and good practices and ensuring the significant participation of Persons of African-descent with special attention to the leadership of women and youth of African descent. Article 8.

16. Paragraph 85 of the Santiago Declaration.

17. Paragraph 32 of the Santiago Declaration.10

Right to Freedom of Religion 18/ (first reading 111125; second reading 120425; third reading 020526; fourth reading 033026) (Pre-agreed 033026) Persons, Peoples and/or Communities of African Descent have the right to have, maintain and promote their religious traditions and practices under conditions of equality, respect, and non-discrimination. States commit to make their best efforts to prevent and sanction religious intolerance, as well as hostile acts and violence against religious communities based on beliefs or racial/ethnic origin. Likewise, to raise awareness and sensitize as to the religious practices of Persons, Peoples and/or Communities of African Descent. They shall also ensure respect and protection of their clothing, attire, and religious objects, guaranteeing that they can be used and preserved without discrimination or undue interference. Article 9. Sport free from racism 19/ (first reading 111825, second reading 120425; third reading 020526; fourth reading 033026) (Pre-agreed 033026) States declare their intention to intensifying the fight for a global sports environment free from all forms of racism, racial discrimination, xenophobia, and related forms of intolerance toward diversity, in particular by educating and raising awareness among the world’s youth in the practice of sports without discrimination of any kind or on any grounds and in the Olympic spirit, which requires human understanding, tolerance, fair play, and solidarity. ( ARG+ PAR: in consultations)

II. JUSTICE

18. In paragraph 117 of the Santiago Declaration, the States committed to promoting the exercise of the rights set forth in United Nations Resolution 36/55 to prevent religious discrimination against people of African descent.

understanding, tolerance, fair play, and solidarity. ( ARG+ PAR: in consultations)

II. JUSTICE

18. In paragraph 117 of the Santiago Declaration, the States committed to promoting the exercise of the rights set forth in United Nations Resolution 36/55 to prevent religious discrimination against people of African descent.

19. United Nations Human Rights Council Resolution A/HRC/RES/60/24.11

Article 10. Right of Access to Justice(first reading 111825; second reading 120425; third reading 020526; fourth reading 033026) Persons, Peoples and/or Communities of African Descent have the right to full, effective, and nondiscriminatory access to justice, as well as to a life free from violence, including institutional and symbolic violence, racism, and all forms of intolerance resulting from any cause.20/ The States commit to make their best efforts to:

1. Guarantee equality before the law through the adoption of constitutional, legal, and administrative measures.21/ ii. Ensure effective access to justice and legal assistance; prevent and sanction violence, excessive use of force, torture, and racial profiling.22/ iii. Adopt measures to end impunity for the excessive use of force, the racial profiling and other human rights violations committed by law enforcement agents, and to ensure the provision of reparations to victims and their families.23/ iv. Adopt measures to ensure full and effective participation in decision-making processes on matters that concern them. As well as in the design, implementation, and evaluation of justice and citizen security policies. (CRI: does not support the proposal)

[ALT-CRI: Adopt measures to strength and guarantee effective access to justice for Persons of African Descent in matters that concern them, including actions aimed at

eliminating structural barriers and ensuring the availability of appropriate judicial resources and protection mechanisms.]

1. Strengthen the training of public officials in charge of judicial and security affairs in human rights, racial discrimination in new technologies, and to combat racial biases, including those linked to artificial intelligence.24/

20. Taken as a reference from Articles 5, 8, and 24 of the American Convention on Human Rights and Articles 5 and 7 of the Universal Declaration of Human Rights.

21. Paragraph 174 of the Santiago Declaration.

22. Paragraph 113 of the Santiago Declaration.

23. General Recommendation No. 34 adopted by the Committee “Racial Discrimination against People of African Descent,” pp. 5–6.

24. Paragraph 157 of the Santiago Declaration.12 vi. Ensure accessible legal services for people of African descent, incorporating gender, intercultural, intergenerational, and intersectional perspectives, as well as promote policies and campaigns that guarantee the full respect of their rights.]

(ARG+ELS+PAR: cannot support) vii. Strengthen the training and supervision mechanisms of public officials in charge of judicial and security affairs to continue combating hate speech and misinformation based on racial profiling. (ARG+PAR: in consultations) Article 11. Historical Reparations (first reading 111825; second reading 120425; third reading 021326; fourth reading 033026) (GUA: in consultation) The States commit to make their best efforts to:

1. Foster a constructive dialogue initiative, specifically with States that engaged in the transatlantic slave trade and benefited from it and from the system of slavery, and with Persons, Peoples and/or Communities of African Descent, to identify and implement measures of ethical and moral satisfaction as well as other reparatory measures that can be agreed upon.25/ ii. Provide a truthful and contextualized presentation of the history of the State, highlighting the

contributions of the different cultures and civilizations of the region and the world, including the role that Persons, Peoples and Communities of African Descent have played in the formation of national and American identities, giving historical and contemporary examples of racism, racial discrimination, xenophobia, and related forms of intolerance directed against these groups, among other measures to promote memory and ensure non-repetition.26/ iii. Promote the generation of accessible educational materials accurately that reflect historical facts related to past tragedies and atrocities, in particular slavery, the slave trade, the transatlantic slave trade, and colonialism, in order to prevent stereotyping and the distortion or falsification of such historical facts. 27/ [MEX+BRA+URU+BOL+COL: Likewise, review educational materials to make Afro-descendant women visible in all their diversity and to use dignified images that help eliminate stereotypes and discrimination against this population. (PAR+GUA+ELS+ARG+SVG: cannot support) (DR: in consultation)

25. Paragraph 118 of the Santiago Declaration.

26. Paragraph 153 of the Santiago Declaration.

27. Ibid.13 iv. Take the necessary and appropriate measures to put an end to contemporary practices analogous to slavery with a view to undertaking initiatives to address the problem and remedy the resulting harm, as well as measures of ethical and racial justice, or other forms of comprehensive reparation.

1. Promote memory policies, decolonizing education, and the restitution of Afro-descendant knowledge and cultural practices, as well as design and adopt measures of ethnic and racial justice aimed at dismantling colonial legacies that reproduce structural inequalities, through constructive dialogue between communities and the State.

(NOTE: CRI will present a paragraph on the contents of afro-centered educational curricula) Article 12. Climate Justice and the Right to a Clean, Healthy, and Sustainable Environment.28/ (first reading 111825; second reading 120425; third reading 021326; fourth reading 033026) (Pre-agreed 033026) To urge States to make their best efforts to adopt measures aimed at recognizing, protecting, and

111825; second reading 120425; third reading 021326; fourth reading 033026) (Pre-agreed 033026) To urge States to make their best efforts to adopt measures aimed at recognizing, protecting, and promoting the rights, traditional knowledge, and collective practices of Peoples of African Descent as essential contributions to climate resilience, biodiversity conservation, and environmental sustainability. The States recognize that Persons, Peoples and/or Communities of African Descent, particularly Afrodescendant women, adolescents and girls , due to environmental racism, are disproportionately affected by the impacts of climate change, including with regard to the effectiveness and enjoyment of their human rights, and emphasize on the importance of the equal and meaningful participation of Afrodescendants in the context of climate change, environmental and climate policies, disaster risk reduction, and decision-making processes. Likewise, they recognize that Afro-descendant women, adolescents, and girls are a fundamental pillar as guardians of the environment. Article 13.

28. Declaration by the Experts of the United Nations Permanent Forum on People of African Descent Calls for Human Rights-Based Climate Action, Reparations, and Racial Justice On the Occasion of COP3014

Digital Justice and Artificial Intelligence 29/ (first reading 111825; second reading 120425; third reading 021326) (Pre-agreed 021326) The States declare their intention to adopt measures to promote inclusion and ensure the equitabl