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In recent years, increased attention has been given to economic, social and cultural (ESC) rights internationally and, to a certain degree, domestically. However not enough has been done to consider fully and systematically the economic, social and cultural rights of minorities and indigenous peoples. This guide aims to bridge this gap. It provides an overview of ESC rights and how these can be applied to minorities and indigenous peoples. Aimed at minority and indigenous activists and those working with them, each chapter has been written by an expert on a particular right, who provides practical information and advice about the best ways to advocate for securing ESC rights. The chapters cover the rights to food and water, housing, health, education, labour and culture and describe the legal standards, enforcement mechanisms, and guidelines for successful civil society advocacy.
The United Nations adopted the Declaration on the Right to Development in 1986. The Declaration recognizes that development is an inalienable human right, and describes development as a comprehensive process leading to the well-being of all people. All states are called upon to cooperate internationally and work nationally to ensure that this comprehensive process in which all human rights can be realized is undertaken without discrimination, and that all people may participate fully and equally in this process. This paper provides an elaboration of the content of the right to development by drawing on international law. It addresses the obligations of states, particularly with regard to international cooperation, and considers the application of obligations of conduct, as well as those of result, in giving this right meaning. This paper also details the rights of minorities and indigenous peoples and how they relate to the right to development. The creation of conditions that enable a state to develop will not necessarily lead to the realization of the right to development by the individuals within that state. Traditionally marginalized groups – notably, minorities and indigenous peoples – may not benefit from this development or may be harmed by it. Even where the right to development is being realized by the majority, the rights of minorities and indigenous peoples could be violated if the process undertaken does not take account of their rights. The authors discuss the need to have in place the standards to ensure that the protection and promotion of minority and indigenous rights are fully integrated into policies designed to fulfil the right to development. Written in cooperation with the UN Independent Expert on the right to development, this work builds on his contribution to the mandated objectives of the inter-state UN Working Group on the Right to Development. It provides an important contribution to the scope of rights and obligations in this area, and the implications that stem from them, particularly for minorities and indigenous peoples.
The unique cultures of minorities and indigenous peoples worldwide – spanning a wide variety of customs and practices – are under threat. This year’s edition of State of the World’s Minorities and Indigenous Peoples highlights the impact of land dispossession, forced assimilation and other forms of discrimination on the most fundamental aspects of their identity, including language, art, traditional knowledge and spirituality. But while the effects of this attrition can be devastating, minority and indigenous cultures have also been critical in strengthening communities and providing activists with a platform to fight for their rights. As this volume illustrates, ensuring that the cultural freedoms of minorities and indigenous peoples are protected is essential if their other rights are also to be respected.
"The present guide offers information related to norms and mechanisms developed to protect the rights of persons belonging to national, ethnic, religious or linguistic minorities. It includes detailed information about procedures and forums in which minority issues may be raised to minorities and by also covering selected specialized agencies and regional mechanisms, the present Guide complements information contained in Working with the United Nations Human Rights Programme: A Handbook for Civil Society"--Introduction.
In recent years, increased attention has been given to economic, social and cultural (ESC) rights internationally and, to a certain degree, domestically. However not enough has been done to consider fully and systematically the economic, social and cultural rights of minorities and indigenous peoples. This guide aims to bridge this gap. It provides an overview of ESC rights and how these can be applied to minorities and indigenous peoples. Aimed at minority and indigenous activists and those working with them, each chapter has been written by an expert on a particular right, who provides practical information and advice about the best ways to advocate for securing ESC rights. The chapters cover the rights to food and water, housing, health, education, labour and culture and describe the legal standards, enforcement mechanisms, and guidelines for successful civil society advocacy.
"One purpose of this book is to respond to this shift: to look beyond the more abstract and ideological discussions of the nature of socio-economic rights in order to engage empirically with how such rights have manifested in international practice". -- INTRODUCTION.
"The United Nations Declaration on the Rights of Indigenous Peoples is a culmination of a centuries-long struggle by indigenous peoples for justice. It is an important new addition to UN human rights instruments in that it promotes equality for the world's indigenous peoples and recognizes their collective rights."--Back cover.
Minorities and indigenous peoples in Kenya feel excluded from the economic and political life of the state. They are poorer than the rest of Kenya's population, their rights are not respected and they are rarely included in development of other participatory planning processes. This report discusses the abuse of ethnicity in Kenyan policies, arguing that ethnicity is a card all too often used by Kenyan politicians to favour certain communities over others in the share of the nation's wealth. Kenya: Minorities, Indigenous Peoples and Ethnic Diversity exposes these concerns in detail via the analysis of budgetary expenditure in the poor Turkana region, which is dominated by the minority Turkana people, and in the richer Nyeri region, home of Kenya's current President. The author, Maurice Odhiambo Makoloo, calls for immediate action to address the inequalities and marginalization of communities, as a way of ensuring that Kenya remains free of major conflict. It calls for disaggregated data - by ethnicity and gender - and a new Constitution to devolve power away from the centre, so that minority and indigenous peoples stand to benefit from current and new development programmes.The report argues that Kenya's diversity should be its strength and need not be a threat to national unity. Suppressing and denying ethnic diversity is the quickest route to inter-ethnic conflict and claims of succession. The report calls for urgent action.
We live in a world that not only sets standards for, but also professes its commitment to promoting and protecting ‘rights’. Since ours is an age of heightened public interest in auditing the actual realisation of such standards and commitment, the first major focus of this book is a critical account of international standards aimed at the protection of minorities. To that end, it concentrates on four key dimensions. Firstly, it addresses the issue of the identification of minorities as understood by international law. Secondly, it outlines a brief history on the development of international law towards improving the protection of minorities. Thirdly, it gives an overview of international instruments and mechanisms on minorities. Finally, it analyses the rights of minorities under international standards. All these dimensions point to the fact that international minority rights lag behind the development of other branches of rights. The second major focus of this book is to relate international standards on minority protection to South Asian regimes. Concentrating on India, Pakistan, Bangladesh, Nepal, Sri Lanka, Bhutan, the Maldives, and Afghanistan, an endeavor is made to examine the state of minorities and their protection under the domestic regimes. It emerges that the normative commitments of these states are more or less compatible with international standards. Nevertheless, majority-minority syndrome persistently remains as one of the causes behind multidimensional deprivation and victimization of South Asian minorities. The present book also assesses the extent to which regional cooperation in South Asia has so far contributed to extending protection to minorities. This ends with an argument that SAARC (South Asian Association for Regional Cooperation) has the potential to play a far greater role in this regard.