Africa. In some situations, a group which constitutes a majority in a State as a whole may be in a non-dominant position within a particular region of the State in question. In addition, it has been argued that the use of subjective criteria, such as the will on the part of the members of the groups in question to preserve their own characteristics and the wish of the individuals concerned to be considered part of that group, combined with certain specific objective requirements, such as those listed in the Capotorti definition, should be taken into account. It is now commonly accepted that recognition of minority status is not solely for the State to decide, but should be based on both objective and subjective criteria. The question often arises as to whether, for example, persons with disabilities, persons belonging to certain political groups or persons with a particular sexual orientation or identity (lesbian, gay, bisexual, transgender or intersexual persons) constitute minorities. While the United Nations Minorities Declaration is devoted to national, ethnic, religious and linguistic minorities, it is also important to combat multiple discrimination and to address situations where a person belonging to a national or ethnic, religious and linguistic minority is also discriminated against on other grounds such as gender, disability or sexual orientation. Similarly, it is important to keep in mind that, in many countries, minorities are often found to be among the most marginalized groups in society and severely affected by, for example, pandemic diseases, such as HIV/AIDS, and in general have limited access to health services. B. Are indigenous peoples considered to be minorities? Similarly to minorities, there is no universally accepted international definition of indigenous peoples. Guidance in this regard can be obtained, for instance, from the work of the Working Group on Indigenous Populations, the provisions of Convention No. 169 of the International Labour Organization (ILO) and the contents of the United Nations Declaration on the Rights of Indigenous Peoples. Various sources cite the following characteristics, either alone or in combination: indigenous peoples are descendants of the peoples who inhabited the land or territory prior to colonization or the establishment of State borders; they possess distinct social, economic and political systems, languages, cultures and beliefs, and are determined to maintain and develop this distinct identity; they exhibit strong attachment to their ancestral lands and the natural resources contained therein; and/or they belong to the non-dominant groups of a society and identify themselves as indigenous peoples. While indigenous peoples can claim minority rights under international law, there are United Nations mandates and mechanisms dedicated specifically to protecting their rights. In its work, the United Nations has applied the 3

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