traditional institutions and leaders to change customary laws and practices which oppress indigenous women in the name of custom and tradition. As will be illustrated below, the approach adopted by the HRC, the CEDAW and the UN Committee on the Rights of the Child in addressing the issue of discriminatory practices or customs is to call for the full participation and involvement of all concerned actors, particularly women and women’s organizations as well as traditional and religious leaders, in examining and reviewing such practices and customs. The UN Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous people noted that, in Nepal, indigenous women face particularly high levels of vulnerability and exclusion from representation in decision-making processes, not only at the national level but also at the local level and within indigenous peoples’ own traditional systems of leadership and justice.432 After his visit to Kenya, the Special Rapporteur referred to the fact that female genital mutilation (FGM), although outlawed in the country in 2001, is still widely practised in many communities, including indigenous communities such as the Maasai. The Special Rapporteur also referred to the denial of property rights to women as a result of discriminatory statutory and customary law.433 The MRG/UNICEF report referred to above also highlights some cultural practices detrimental to women, including early or forced marriage and bride abduction.434 As members of the communities that impose further constraints on them, indigenous and minority women are in a particularly difficult situation. Especially when the cultural and physical survival of their own communities is under threat, they can feel the pressure of loyalty to their communities as well as the need to defend their fundamental rights. During his mission to Nepal, the Special Rapporteur found that ‘[i]ndigenous women share in expressing a desire to maintain the integrity of the distinctive cultures of Adivasi Janajati, while emphasizing the need to purge those cultures of … particular practices and attributes’.435 The situation is made even more difficult by the fact that indigenous women also feel that their role in the communities is weakening as a result of the pressures on their communities and the denial of their collective rights. Indigenous women in Asia have declared, for example, that: ‘(i) The loss of lands, waters and forests is deepening the poverty of indigenous women while increasing their domestic loads and subsistence responsibilities. We now have to work harder and longer to feed and nurture our families. Many women have become increasingly dependent on their husbands as the primary wage-earners, who have more employment 44 opportunities and higher salaries in the market system. Thus indigenous women’s status and power decline, weakening their influence and participation in decision-making. (ii) The incorporation of indigenous peoples in the cash economy has eroded self-reliant subsistence activities and women’s role in production, economy and community life. (iii) Changes in the traditional social, cultural and political institutions and practices have led to a loss of practices, rules and codes of behaviour which have long been instruments in ensuring gender-sensitive structures. The introduction of western education and religion, and the imposition of alien leadership structures have undermined the role of our indigenous women spiritual leaders and healers, who have provided moral and spiritual guidance through generations, and who were often part of decisionmaking structures in our communities.’ 436 The basic principle of gender equality is enshrined in the main instruments specifically concerning indigenous peoples and minorities. Thus, Article 3 of ILO Convention No. 169 provides that ‘[t]he provisions of the Convention shall be applied without discrimination to male and female members of these peoples’. Similarly, the UNDRIP stipulates, in Article 44, that ‘[a]ll the rights and freedoms recognized herein are equally guaranteed to male and female indigenous individuals’. The UNDM does not contain a similar provision. However, its preamble refers to ‘equal rights of men and women’. The issue therefore becomes one of balancing the protection of cultural identity of indigenous/minority groups and the safeguarding of cultural diversity with the protection of women’s rights and putting a limit on the protection of traditional customs, laws and practices. Governments have the obligation to address harmful and discriminatory practices. However, this obligation shall not result in an indiscriminate attack on minority and indigenous cultures. ‘It is clear that the State is not free to adopt whatever prohibitions against minorities’ cultural practices that it wants.’ 437 Prohibitions shall be based on reasonable and objective grounds. Cultural diversity and the human rights of women The protection of cultural diversity goes hand in hand with respect for human rights generally. The UNESCO Universal Declaration on Cultural Diversity of 2001 spells out that ‘[n]o one may invoke cultural diversity to infringe upon human rights guaranteed by international law, nor MINORITY GROUPS AND LITIGATION: A REVIEW OF DEVELOPMENTS IN INTERNATIONAL AND REGIONAL JURISPRUDENCE