principle of self-identification with regard to indigenous peoples and
minorities. In practical terms, a number of connections and commonalities
exist between indigenous peoples and national, ethnic, linguistic and
religious minorities. Both groups are usually in a non-dominant position
in the society in which they live and their cultures, languages or religious
beliefs may be different from the majority or the dominant groups.
Both indigenous peoples and minorities commonly wish to retain and
promote their identity. Situations can be found on the ground where an
indigenous group could find itself in a minority-like situation and, equally,
some minorities have strong and long-standing attachments to their lands
and territories as do indigenous peoples. Minorities, however, do not
necessarily have the long ancestral, traditional and spiritual attachment
and connections to their lands and territories that are usually associated
with self-identification as indigenous peoples.
In terms of rights, minorities have traditionally highlighted their rights to
have their existence as a group protected, their identity recognized and
their effective participation in public life and respect for their cultural,
religious and linguistic pluralism safeguarded. Indigenous peoples, while
also highlighting such rights, have also traditionally advocated recognition
of their rights over land and resources, self-determination and being part of
decision-making in matters that affect them. The United Nations Declaration
on the Rights of Indigenous Peoples requires States to consult and cooperate
with indigenous peoples to obtain their free, prior and informed consent
before undertaking development activities that might have an impact
on them, whereas the United Nations Minorities Declaration contains a
more general right to participate in decision-making and requires that the
legitimate interests of persons belonging to minorities should be taken into
account in national planning and programming.
This publication does not address the specificities of indigenous peoples, as
its main focus is on non-indigenous national, ethnic, linguistic and religious
minorities.
C.
Do minority rights apply to non-citizens?
Under the provisions of human rights instruments, States have an obligation
to protect the rights of all persons subject to or under their jurisdictions.
Express exceptions to this principle relate, inter alia, to political rights.
The Commentary on the United Nations Minorities Declaration by the
Working Group on Minorities is important as it clarifies the interpretation
of the substantive provisions of the document. Regarding citizenship for
instance, it considers that “while citizenship as such should not be a
distinguishing criterion that excludes some persons or groups from enjoying
minority rights under the Declaration, other factors can be relevant in
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