A/HRC/4/37
page 20
III. DEFENDERS AT PARTICULAR RISK
A. Defending the rights of indigenous peoples and minorities
85.
On 29 June 2006, the Human Rights Council in its resolution 1/2 adopted and
recommended to the General Assembly for adoption the text of the United Nations Declaration
on the Rights of Indigenous Peoples, which welcomes the fact that indigenous peoples are
organizing themselves for political, economic, social and cultural enhancement. The preamble
also acknowledges that “the Charter of the United Nations, the International Covenant on
Economic, Social and Cultural Rights and the International Covenant on Civil and Political
Rights affirm the fundamental importance of the right to self-determination of all peoples”, while
article 3 specifically provides that “Indigenous people 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.” Furthermore, the preamble of the Declaration on
Human Rights Defenders stresses that human rights and fundamental freedoms apply to all
“without distinction of any kind” and acknowledges mass, flagrant or systematic violations such
as those resulting, inter alia, from colonialism, foreign domination or occupation and from the
refusal to recognize the right of peoples to self-determination and the right of every people to
exercise sovereignty over its wealth and natural resources.”4
86.
Since the establishment of the mandate, the Special Representative has sent 80
communications on defenders working to promote and protect the rights of indigenous peoples
and minorities. Several of these communications have been sent jointly with the Special
Rapporteur on the situation of human rights and fundamental freedoms of indigenous people.
Included in this section are defenders from indigenous peoples and minorities who are active in
all fields of ESCR. Following from this, their cases are also included in other subsections above.
The majority of these kinds of cases are concerned with indigenous peoples involved in struggles
over land rights and rights to use and to free disposal of their natural wealth and resources. This
trend is also supported by the findings of the Special Rapporteur on the situation of human rights
and fundamental freedoms of indigenous people.
87.
The majority of such cases are reported from countries in Latin America (39 cases). The
region with the second largest number of defenders from this group is Asia (19 cases).
4
Other relevant instruments are the Vienna Declaration and Programme of Action (in particular
Part I, para. 19 (minorities) and para. 20 and Part II, paras. 28 to 32 (indigenous)). Article 19
reaffirms, inter alia, the “obligation of States to ensure that persons belonging to minorities may
exercise fully and effectively all human rights and fundamental freedoms without any
discrimination and in full equality before the law in accordance with the Declaration on the
Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities”.
Article 20 further recognizes the “inherent dignity and the unique contribution of indigenous
people to the development and plurality of society and strongly reaffirms the commitment of the
international community to their economic, social and cultural well-being and their enjoyment of
the fruits of sustainable development. States should ensure the full and free participation of
indigenous people in all aspects of society, in particular in matters of concern to them. […]”
(art. 20).
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