E/CN.4/2002/97 page 9 16. It is important to note that while Convention 169 has received only a limited number of ratifications up to now, it is rapidly becoming a vibrant instrument for use by both States and indigenous organizations. The complaints procedure in the ILO has provided access for indigenous human rights concern, and is being increasingly used by the interested parties. Likewise, although still a draft, the draft declaration is being invoked more and more by indigenous organizations in their struggles for human rights and their negotiations with States and other agents. Both the Convention and the draft declaration have become widely respected moral human rights standards, another reason why the declaration must not be allowed to disappoint the great expectations it has generated. 2. Draft American declaration on the rights of indigenous peoples 17. In the Americas, ever since the first Inter-American Indianist Congress of 1940, there has been regional concern with what was then termed the “indigenous problem”. In the early 1990s, the Organization of American States (OAS) asked the Inter-American Commission on Human Rights (IACHR) to prepare a draft declaration on the rights of indigenous peoples, which is currently being considered by the OAS and is expected to be adopted formally before the end of the International Decade. The Inter-American draft declaration is quite similar in scope to the United Nations declaration, but differs in some essential points; its adoption is also facing some of the same difficulties. 18. The IACHR has concerned itself over the years with indigenous issues, by issuing special resolutions and recommendations to States, and preparing reports on the situation of the human rights of indigenous peoples in specific countries of the region. More recently, it has brought suit, in defence of indigenous communities, before the Inter-American Court of Human Rights (see below). C. Other international declarations 1. Vienna Declaration and Programme of Action (1993) 19. The World Conference on Human Rights in 1993 adopted the Vienna Declaration and Programme of Action. Paragraph 20 of Part I of the document, dedicated to indigenous peoples, stresses issues such as participation and the unique contribution of indigenous people to the development and plurality of society, and recommends: “… States should, in accordance with international law, take concerted positive steps to ensure respect for all human rights and fundamental freedoms of indigenous people, on the basis of equality and non-discrimination, and recognize the value and diversity of their distinct identities, cultures and social organization.” 2. Durban Declaration and Programme of Action (2001) 20. Held in Durban, South Africa, in September 2001, the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance (WCAR) dealt with indigenous rights within the framework of racism and racial discrimination. The Declaration and Programme of Action refer extensively to indigenous peoples, reaffirming their rights. This may be seen as a positive result. The framers of the Durban Declaration “recognize that the