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
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