12
INTRODUCTION
mandates, such as the Working Group on Minorities or on Indigenous
Populations, or the Permanent Forum on Indigenous Issues.
The case study in the chapter, ‘Cultural rights’, provides insight into litigation
to protect indigenous ancestral lands under the ICCPR individual complaint
mechanism, and the chapter, ‘Housing rights’, describes a broad-based advocacy
strategy that included successful use of the European Court of Human Rights to
address violations against Kurdish minorities in Turkey. Several chapters remark on
the strengths and limitations of the World Bank Inspection Panel, including a case
study about a controversial project by China in Tibet (see ‘Housing rights’). Other
case studies describe advocacy work undertaken by a coalition of national NGOs
and the Basarwa of the Central Kalahari Game Reserve in Botswana to maintain
their traditional lifestyle as hunters and gatherers (see ‘The Rights to food and to
water’); by the Ainu in Japan for legislative recognition of their indigenous identity
(see ‘Cultural rights’); by indigenous women in Peru who have used radio to
further a number of their rights (see ‘Health rights’); and in relation to a criminal
case in Russia for incitement to racial hatred stemming from the contents of a
school textbook (see ‘Education rights’).
Also included are the authors’ strategic insights. We are reminded, for example,
that constructive engagement with governments can be an efficient form of
advocacy; that collaboration between national and international non-governmental
organisations (NGOs) can strengthen initiatives; and that legal action should be
part of a broader advocacy campaign.
It is the hope of MRG and all contributors, that you find this guide a useful
resource, and that by sharing knowledge, expertise and experience we can further
the ESC rights of minorities and indigenous peoples.
Notes
1
At November 2004, a total of 150 states were party to the Covenant.
2
For example, CRC Art. 30; ICCPR Art. 27.
3
For example, CERD General Recommendation XXIII on the Rights of Indigenous Peoples,
UN doc. CERD/C/51/Misc.13/Rev.4, 1997; CERD General Recommendation XXVII on
Discrimination against Roma, UN doc. A/55/18, annex V, 2000.
4
UNDM Art. 2(1). However, despite the negative formulation of Article 27 which states that
‘persons belonging to … minorities shall not be denied the right, in community with
other members of their group, to enjoy their own culture, to profess and practise their
own religion, or to use their own language’ the Human Rights Committee recognizes that
positive measures are nonetheless required of the state parties to the ICCPR. Human
Rights Committee (HRC) General Comment No. 23 on the Rights of Minorities, UN doc.
CCPR/C/21/Rev.1/Add.5, 1994, para. 6.1.
5
UNDM, Art. 1(1).