A/HRC/17/39
rights of peoples. The question was whether the duty bearers were individual States, States
acting collectively through the United Nations, or the international community as a whole.g
C.
Other collective rights
8.
If one looks at other collective rights, such as the right to development und the
Declaration on the Rights of Indigenous Peoples, those clearly include collective as well as
individual rights.
9.
The UN Declaration on the Right to Development (1986)h, for example, states in
article 1 (a)
“an inalienable human right by virtue of which every human person and all peoples
are entitled to participate in, contribute to, and enjoy economic, social, cultural and
political development, in which all human rights and fundamental freedoms can be
fully realized.”
10.
In article 2, it specifies that the human person is the central subject of development
and should be the active participant and beneficiary of the Right to Development.
“The human right to development also implies the full realization of the right of
peoples to self-determination, which includes, subject to the relevant provisions of
both International Covenants on Human Rights, the exercise of their inalienable
right to full sovereignty over all their natural wealth and resources.”
11.
The United Nations Declaration on the Rights of Indigenous Peoples (2007)i
combines collective and individual rights:
Article 7
(a)
Indigenous individuals have the rights to life, physical and mental integrity,
liberty and security of person.
(b)
Indigenous peoples have the collective right to live in freedom, peace and
security as distinct peoples and shall not be subjected to any act of genocide or any other
act of violence, including forcibly removing children of the group to another group.
Article 8
Indigenous peoples and individuals have the right not to be subjected to forced assimilation
or destruction of their culture. …
Article 17
(a)
Indigenous individuals and peoples have the right to enjoy fully all rights
established under applicable international and domestic labour law.
(b)
States shall in consultation and cooperation with indigenous peoples take
specific measures to protect indigenous children from economic exploitation and from
g
h
i
Ibid., para 10. See also Santiago Declaration (2010), Article 1 para 2.
GA Resolution 41/128, “United Nations Declaration on the Right to Development” (1986).
GA Resolution 61/295 (2007), “United Nations Declaration on the Rights of Indigenous Peoples”.
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