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Development and people of African descent 2015, para. 67
- Paragraph text
- States should implement special measures to ensure people of African descent have access to necessary housing services, by involving communities of people of African descent as partners in housing project construction, rehabilitation and maintenance and taking measures to ensure legal security of tenure, availability of services, materials, facilities and infrastructure, affordability, habitability, accessibility, location and cultural adequacy, and prevent the forced eviction of people of African descent from their homes in both urban and rural contexts. The Working Group also urges States, in accordance with international human rights standards and their respective domestic legal frameworks, to resolve problems of ownership of ancestral lands, inhabited for generations by indigenous people and by people of African descent and illegally expropriated by colonial rulers.
- Body
- Working Group of experts on people of African descent
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2015
Paragraph
Eliminating discrimination against women in cultural and family life, with a focus on the family as a cultural space 2015, para. 52
- Paragraph text
- Plural legal systems are systems in which various laws coexist. They may include various combinations of codified civil law, religious law systems, indigenous or customary legal codes, community arbitration or other dispute settlement procedures. Plural legal systems may be formal or informal. They most often affect personal status law and family law. In States with plural legal systems, the State legal system, which is generally civil and codified, and the State courts address matters relating to the public sphere.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Women
- Year
- 2015
Paragraph
Access to land and the right to food 2010, para. 3
- Paragraph text
- For some of the groups that are the most vulnerable today, this means protecting existing access to land, water, grazing or fishing grounds, or forests, all of which may be productive resources essential for a decent livelihood. In such cases, as detailed below, the right to food may complement the protection of the right to property or of indigenous peoples' relationship with their lands, territories, and resources. In other cases, because landlessness is a cause of particular vulnerability, the obligation of the State goes further: it is to strengthen such access or make it possible - for example, through redistributive programmes that may in turn result in restrictions on others' right to property. This obligation of States is especially clear in cases in which the members of such groups have no alternative means of producing food or gaining sufficient income to purchase food that is sufficient, adequate and culturally acceptable.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Environment
- Food & Nutrition
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2010
Paragraph
Access to land and the right to food 2010, para. 40c
- Paragraph text
- [In order to respect the right to food, States should:] Respect the needs of special groups. States should implement the specific rights of indigenous peoples by demarcating their lands and territories and by providing them with specific protection. States should also protect access to fishing grounds, grazing grounds and water points for fisherfolk, herders and pastoralists, for whom the protection of commons is vital. The recognition of communal rights should extend beyond indigenous communities, at least to certain communities that entertain a similar relationship with the land, centred on the community rather than on the individual;
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Environment
- Equality & Inclusion
- Food & Nutrition
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2010
Paragraph
Access to land and the right to food 2010, para. 13
- Paragraph text
- International human rights law protects the relationship of indigenous communities with their lands, territories and resources by requiring States to demarcate such land, protect it from encroachment and respect the right of the communities concerned to manage it according to their internal modes of organization. Although sometimes those guarantees seem to be honoured more in the breach than in the observance, case law shows that use rights derived from customary tenure can be recognized and protected by the legal system; it also shows that the right to communal property - a right of the community rather than of the individual - is an alternative to individual property rights. On both counts, it can serve as a source of inspiration, in order to enhance the protection of the rights of other users of natural resources.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Environment
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2010
Paragraph
Migration and the right to adequate housing 2010, para. 58
- Paragraph text
- In some cases, non-citizens are subject to double discrimination as both migrants and members of minority groups. During her missions, the Special Rapporteur has encountered numerous cases of migrants from minority groups who have been denied residency permits even though they have lived in the host country for decades or even generations. The lack of regularization obstructs their access to housing in private markets as well as housing assistance from local governments. The Special Rapporteur also received numerous complaints of forced eviction of migrants belonging to minority groups.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Equality & Inclusion
- Movement
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Persons on the move
- Year
- 2010
Paragraph
Financialization of housing and the right to adequate housing 2017, para. 44
- Paragraph text
- The housing sector in the global South has not been subject to extensive financing of homeownership. Only about 17 per cent of the population in Botswana, Kenya, Namibia and Zambia, for example, would be eligible for mortgage finance based on existing criteria. Low-income, informal and indigenous communities have nevertheless experienced, first-hand, the power of financial corporations to appropriate land and real estate and to generate vast disparities in wealth by treating housing and land as commodities. The displacement of Garifuna communities by model cities containing luxury developments for tourists and wealthy residents in Honduras is an example of the kinds of displacements of communities and forced evictions that are occurring in many countries (see A/HRC/33/42/Add.2, para. 56). Many local and national governments looking for capital investment have opted to sell land to major developers at the expense of indigenous and impoverished communities and those living in precarious housing.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Economic Rights
- Movement
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Persons on the move
- Year
- 2017
Paragraph
On the Declaration on human rights defenders 2011, para. 46a
- Paragraph text
- [The Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression has emphasized that restrictions on the following dimensions of the right to freedom of expression are not permissible:] Discussion of Government policies and political debate; reporting on human rights, Government activities and corruption in government; engaging in election campaigns, peaceful demonstrations or political activities, including for peace or democracy; and expression of opinion and dissent, religion or belief, including by persons belonging to minorities or vulnerable groups;
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2011
Paragraph
Corporate responsibility with respect to indigenous rights 2010, para. 57
- Paragraph text
- Given that customary land tenure is one of the specific features characterizing the large majority of indigenous peoples worldwide, and a basic factor in the international recognition of their rights, the mere existence of such groups in the areas where companies plan to carry out their activities must be considered by those companies as a strong indication that those groups have some sort of rights over the land and resources that they occupy or otherwise use. Furthermore, companies cannot, in the exercise of due diligence, assume that the absence of official recognition of indigenous communal ownership rights implies that such rights do not exist.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Civil & Political Rights
- Economic Rights
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2010
Paragraph
Corporate responsibility with respect to indigenous rights 2010, para. 34
- Paragraph text
- Above and beyond their legal status, the various existing instruments and mechanisms clearly reflect the existence of social expectations with regard to corporate responsibility and the need to exercise it in relation to human rights. Current international debate on the subject tends to emphasize that corporate responsibility with respect to human rights is related to but fundamentally distinct from States' responsibilities. Indeed, the conceptual framework drawn up by the Special Representative of the Secretary-General distinguishes between three types of duties: the State duty to protect, the corporate responsibility to respect and the shared responsibility to remedy.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2010
Paragraph
Corporate responsibility with respect to indigenous rights 2010, para. 73
- Paragraph text
- As the Special Representative of the Director-General has noted with respect to multinational corporations, the traditional impact study paradigm must be modified to incorporate fully a human rights based approach. Under that new approach, in drawing up the terms of reference for impact studies relating to indigenous rights, companies must identify "the relevant human rights standards, including those set out in international conventions to which the home and host countries are signatories (perhaps also noting human rights conventions those countries have not ratified)" and other standards such as "indigenous customary laws and traditions (for example those that govern the distribution and ownership of land)". That was the approach used, for example, in the Akwé Kon Guidelines, adopted by the Conference of Parties of the Convention on Biological Diversity and intended to facilitate the conduct of cultural, environmental and social impact assessments regarding activities planned to take place on indigenous territories or which might affect those territories.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Environment
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2010
Paragraph
Corporate responsibility with respect to indigenous rights 2010, para. 75
- Paragraph text
- As may be clearly deduced from international standards, compensation must be aimed at repairing all possible adverse impacts of corporate activity on the daily life of indigenous peoples, including not only the impact on their environment or productive capacity, but also the impact on the social, cultural and spiritual aspects of their life. The practice of the Inter-American Court of Human Rights offers in that regard a series of highly pertinent examples of compensation and reparation in cases of damage to indigenous peoples' social and cultural practices.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2010
Paragraph
Corporate responsibility with respect to indigenous rights 2010, para. 81
- Paragraph text
- The absence of clarity with respect to corporate responsibility, especially transnational corporate responsibility, in relation to indigenous rights is the source of numerous abuses worldwide. The implementation of corporate activities without taking account of those rights, as they are recognized under international rules, has given rise to highly negative impacts on the environment and the economic, social, cultural and spiritual life of indigenous peoples. Such irresponsible corporate activity, sometimes abetted or simply ignored by the Governments concerned, continues to engender serious social conflicts in areas where indigenous peoples live.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2010
Paragraph
Overview of the activities carried during the first three-year term of the mandate 2011, para. 83
- Paragraph text
- The character of the consultation procedure and its object are also shaped by the nature of the right or interest at stake for the indigenous peoples concerned and the anticipated impact of the proposed measure. Necessarily, the strength of the objective of achieving consent varies according to the circumstances, the indigenous peoples' rights and the interests involved. A significant, direct impact on indigenous peoples' lives establishes a strong presumption that the proposed measure should not go forward without indigenous peoples' consent. In certain contexts, that presumption may harden into a prohibition of the measure or project in the absence of indigenous consent.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2011
Paragraph
Overview of the activities carried during the first three-year term of the mandate 2011, para. 84
- Paragraph text
- The Declaration identifies two situations in which it is necessary to obtain the consent of the indigenous peoples concerned prior to moving forward with the proposed initiative: situations involving the removal of an indigenous group from its traditional lands (art. 10) and situations involving the storage of hazardous materials in indigenous peoples' lands (art. 29). The Special Rapporteur would add situations involving the establishment of natural resource extraction projects within indigenous peoples' lands and other situations in which projects stand to have a significant social or cultural impact on the lives of the indigenous peoples concerned.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Environment
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2011
Paragraph
Overview of the activities carried during the first three-year term of the mandate 2011, para. 97
- Paragraph text
- Companies should bring to bear an intercultural understanding that goes far beyond mere legal considerations. International standards have highlighted the special relationship existing between indigenous peoples and their traditional territories, which form the basis of their distinct identities and cultures. Companies must understand that, independent of the rights over their lands or resources to which they may lay claim under national law, indigenous peoples have maintained and continue to maintain ties to their traditional territories. Moreover, these ties are collective, and therefore go far beyond the individual rights of the members of these groups.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2011
Paragraph
Overview of the activities carried during the first three-year term of the mandate 2011, para. 101
- Paragraph text
- Impact studies and the definition of appropriate measures to compensate for any negative impact identified are, by definition, related to the consultation process. In recognition of indigenous peoples' right to the conservation and protection of their lands and environments, international standards and practice now require that social and environmental impact studies be conducted as a specific guarantee for the protection of indigenous rights, in particular with regard to projects involving investment in or the development, exploration or extraction of natural resources likely to affect those rights.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Environment
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2011
Paragraph
Overview of the activities carried during the first three-year term of the mandate 2011, para. 69
- Paragraph text
- Additionally, the Declaration reflects the existing international consensus regarding the individual and collective rights of indigenous peoples in a way that is coherent with and expands upon the provisions of the Convention on Indigenous and Tribal Peoples (Convention No. 169) of the International Labour Organization, as well as with the interpretations of other human rights instruments by international bodies and mechanisms. As the most authoritative expression of this consensus, the Declaration provides a framework of action for the full protection and implementation of these rights.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2011
Paragraph
Overview of the activities carried during the first three-year term of the mandate 2011, para. 79
- Paragraph text
- Most fundamentally, the duty to consult derives from the overarching right of indigenous peoples to self-determination and from related principles of democracy and popular sovereignty. It responds to the aspirations of indigenous peoples worldwide to be in control of their own destinies under conditions of equality and to participate effectively in decision-making processes that affect them. Consistent with such principles, the duty of States to consult with indigenous peoples in decisions affecting them is aimed at reversing the historical pattern of excluding indigenous people from decision-making processes in order to avoid imposing important decisions on them in the future and to allow them to flourish as distinct communities on lands to which their cultures remain attached.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2011
Paragraph
Extractive industries operating within or near indigenous territories 2011, para. 49
- Paragraph text
- Corporate responses point out three particular areas in which a clear regulatory framework is often lacking: the content and scope of indigenous peoples' rights over their lands, territories and natural resources, particularly in those instances in which traditional land tenure has not been officially recognized through titling or otherwise; consultation procedures with indigenous peoples; and benefit-sharing schemes. With regard to these issues, the examples of best practices shared by companies related more to their voluntary practices and initiatives than to the meeting of the legal requirements of the countries in which they operate.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2011
Paragraph
Extractive industries operating within or near indigenous territories 2011, para. 63
- Paragraph text
- As noted above, several responses, particularly those received from business actors, pointed out that Governments tend to detach from the implementation of consultation procedures and other procedural safeguards for indigenous peoples rights in the context of extractive operations and act as mere regulators. The delegation of the State's protective role to business enterprises was repeatedly pointed out as a matter of concern, particularly with when there are insufficient or non-existent State regulatory frameworks regarding indigenous rights, including in relation to the protection of lands and resources, consultation and benefit-sharing schemes. The lack of clarity or consensus about the role of the State in protecting the rights of indigenous peoples in this context compounds the uncertainties arising from the differing views about the scope and content of those rights.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Economic Rights
- Environment
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2011
Paragraph
The need to harmonize activities affecting indigenous peoples within the United Nations system 2012, para. 35
- Paragraph text
- In the meantime, there is still no specific policy or procedure which ensures that indigenous peoples can participate in the nomination and management of these sites. The Operational Guidelines for Implementation of the World Heritage Convention, which set out the procedure for the inscription of properties on the World Heritage list and the protection and conservation of sites, are silent on the issue of participation by indigenous peoples. The guidelines provide only that States parties to the Convention are encouraged to ensure the participation of a wide variety of stakeholders in the identification, nomination and protection of World Heritage properties.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2012
Paragraph
The need to harmonize activities affecting indigenous peoples within the United Nations system 2012, para. 36
- Paragraph text
- Furthermore, States are not specifically required to provide any information on the indigenous peoples and local communities living in or around a site they nominate for World Heritage designation, or review the kind of impact a site might have on the rights of these groups. In this connection, the templates provided in the operational guidelines for nominating sites do not contain fields requiring States to describe the potential impact a site might have on indigenous peoples or to provide information about whether affected peoples have been asked about and agree with the nomination, although States are asked to indicate the major categories of land ownership, including traditional or customary ownership.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Environment
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2012
Paragraph
The need to harmonize activities affecting indigenous peoples within the United Nations system 2012, para. 37
- Paragraph text
- At its thirty-fifth session, in July 2011, the World Heritage Committee took an important step in adopting decision 35 COM 12E, in which States parties are encouraged to involve indigenous peoples and local communities in decision-making, monitoring and evaluation of the state of conservation of World Heritage sites and to respect the rights of indigenous peoples when nominating, managing and reporting on World Heritage sites in the territories of indigenous peoples. However, until amendments are made to the operational guidelines, these proposals may not fully take root. It is worth noting also that in 2001, the World Heritage Committee rejected proposals put forward by indigenous peoples to establish a council of experts of indigenous peoples, which was to act as an advisory body to the Committee.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2012
Paragraph
The need to harmonize activities affecting indigenous peoples within the United Nations system 2012, para. 33
- Paragraph text
- A recurring issue that has come to the attention of the Special Rapporteur relates to the impact on indigenous peoples of the United Nations Educational, Scientific and Cultural Organization (UNESCO) World Heritage sites. This issue has arisen in the context of the Special Rapporteur's communications with Governments regarding specific allegations of human rights violations, as well as in the context of his reports examining the situation of indigenous peoples in particular countries. Indigenous peoples have expressed concerns over their lack of participation in the nomination, declaration and management of World Heritage sites, as well as concerns about the negative impact these sites have had on their substantive rights, especially their rights to lands and resources. The Permanent Forum and the Expert Mechanism have both raised concerns in this connection in the course of their work.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Education
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2012
Paragraph
The need to harmonize activities affecting indigenous peoples within the United Nations system 2012, para. 80
- Paragraph text
- A wide range of institutions and processes exist within the United Nations system, which affect indigenous peoples and which have an important role to play in the promotion of their human rights. The activities of various agencies, funds, programmes and human rights bodies and mechanisms, in addition to the mechanisms with mandates specific to indigenous peoples (the Permanent Forum on Indigenous Issues, the Expert Mechanism on the Rights of Indigenous Peoples and the Special Rapporteur on the rights of indigenous peoples), touch upon indigenous issues.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2012
Paragraph
Strengthening commitment to the Declaration on the Rights of Indigenous Peoples and its implementation 2013, para. 72
- Paragraph text
- It is precisely because the human rights of indigenous groups have been denied, with disregard for their particular characteristics, that there is a need for the Declaration. In other words, the Declaration exists because indigenous peoples have been denied equality, self-determination, and related human rights, and not in order to grant them privilege over others. This remedy should not have to exist, just as the history of oppression that gives rise to it should not have been. But that history did occur, and its ongoing consequences make necessary a global remedial response that is appropriate to indigenous peoples' particular circumstances and characteristics, which is what the Declaration represents.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2013
Paragraph
Strengthening commitment to the Declaration on the Rights of Indigenous Peoples and its implementation 2013, para. 73
- Paragraph text
- A centrepiece of the United Nations Declaration on the Rights of Indigenous Peoples is article 3, which affirms: "Indigenous peoples have the right to self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development." During the more than two-decade debate that preceded the adoption of the Declaration, it was increasingly understood that self-determination is a foundational principle that anchors the constellation of indigenous peoples' rights.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2013
Paragraph
Strengthening commitment to the Declaration on the Rights of Indigenous Peoples and its implementation 2013, para. 76
- Paragraph text
- That being said, the Special Rapporteur is of the view that it is not necessary to resolve the debate about the nature of the Declaration's affirmation of self-determination in relation to international law in order for there to be a meaningful commitment to that affirmation. The position that the self-determination recognized in the Declaration is different from that of international law is born of the assumption, mistaken in the view of the Special Rapporteur, that under international law, self-determination necessarily means the right to become an independent State. But indigenous peoples, as such, rarely, if at all, seek independent statehood outside of classic situations of non-self-governing territories. Thus, the position is of little or no practical utility for the States that assert it and is mostly a distraction.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2013
Paragraph
Strengthening commitment to the Declaration on the Rights of Indigenous Peoples and its implementation 2013, para. 77
- Paragraph text
- Whatever the validity of that position, it is clear that the right to self-determination affirmed in the Declaration, like the right as affirmed in international law generally, has a core meaning around which there is substantial consensus. That meaning, essentially, is that indigenous peoples have the right to pursue their own destinies in all spheres of life, under conditions of equality, and to live within governing institutional orders that are devised accordingly. The focus of States, along with that of relevant international institutions and indigenous peoples themselves, should be on strengthening commitment to this core principle and taking practical steps to implement it.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2013
Paragraph