indigenous shall not be denied the right, in community with other members of his or her group, to enjoy his or her own culture, to profess and practise his or her own religion, or to use his or her own language”. The Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law, adopted by General Assembly resolution 60/147 of 16 December 2005, states that “restitution should, whenever possible, restore the victim to the original situation before the gross violations of international human rights law or serious violations of international humanitarian law occurred. Restitution includes, as appropriate: restoration of liberty, enjoyment of human rights, identity, family life and citizenship, return to one’s place of residence, restoration of employment and return of property.” This principle could be broadly interpreted to include the right to have one’s status as indigenous person or person belonging to a minority restored, in particular where this is provided for under national legislation and if such status is lost as a consequence of displacement. B. Additional sources of minority rights The Convention on the Prevention and Punishment of the Crime of Genocide is a legal source referred to in the United Nations Minorities Declaration for protecting the rights of minorities. It is one of the first conventions that the General Assembly adopted (resolution 260 A (III) of 9 December 1948) and relates to the protection of groups, including minorities, and their right to physical existence. No mechanism has been established to monitor its implementation. The ad hoc International Criminal Tribunals for the former Yugoslavia and for Rwanda were the first to apply this international Convention. Its article II defines genocide as “any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such: x Killing members of the group; x Causing serious bodily or mental harm to members of the group; x Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part; x Imposing measures intended to prevent births within the group; x Forcibly transferring children of the group to another group.” The Rome Statute of the International Criminal Court provides for the prosecution of cases that encompass not only the crime of genocide but also crimes against humanity. Acts which would constitute crimes against humanity are listed in its article 7, paragraph 1. It is important to note, 17