The UN Declaration on the Rights of Indigenous Peoples5 recognizes that indigenous peoples have the right to self-determination and the right to freely pursue their political status and their economic, social and cultural development. The rights of indigenous peoples allow for a high degree of autonomy and non-interference by the State. Collective rights, in particular to land, territories and natural resources, also feature prominently in indigenous peoples’ rights. The recognition of collective rights is necessary to ensure the continuing existence, development and well-being of indigenous peoples as distinct collectivities. Consequently, such communities may deserve protection emanating from human rights standards for indigenous peoples. The Garífuna Afro-descendant people in Central America, for example, have collective land ownership in their culture, and are legally recognized by several States as indigenous peoples (e.g. Guatemala and Nicaragua).6 The Inter-American Court of Human Rights held, in two cases involving Afro-descendant groups in Suriname, that their cultural practices vis-à-vis land use and ownership, and their historical residency on their lands, entitled them to similar land rights protection afforded to indigenous peoples.7 The rights of minorities, by contrast, are expressed in international law as individual rights of persons belonging to minorities. Some of these rights are exercised in parallel with others, for example, speaking a language or practicing a religion. Minorities often seek autonomy over their cultural, linguistic or religious lives. This may come in the form of non-territorial autonomy where minorities are dispersed or territorial autonomy if they are concentrated in a particular region. In addition, some minority groups (typically national minorities) may seek self-determination as ‘peoples’. Groups may be pragmatic regarding which mechanisms to use in order to maximize the protection of their rights. For example, indigenous peoples in Canada and Nordic States have sought protection under article 27 of the ICCPR, relevant for minorities, before the UN Human Rights Committee and many Afro-descendant groups in Latin America have used ILO Convention 169  Concerning Indigenous and Tribal Peoples to claim land rights. There are factors that influence self-identification as a minority or indigenous, including group cultures and interests, and State policies. It will be important to remember that identities are instrumental for groups, providing access to rights, opportunities and mechanisms. Some minority groups may identify as indigenous peoples with a view to accessing, inter alia, collective rights to land. Other communities that are perceived to be minorities may live with issues that have strong parallels with those of indigenous peoples. In many States, governments use the term ‘ethnic minorities’ for communities that identify as indigenous peoples. Factors such as historical categories, colonialism and State interests impact upon the acceptance of the ‘indigenous’ identity. In such cases, communities may use the term ethnic minorities domestically but self-identify in international fora as indigenous peoples. There are also many communities for whom the boundaries between minority and indigenous status are blurred. They often respond by identifying as ‘indigenous minorities’ or by using different identity labels depending on the context. UN Doc. A/RES/61/295 (13 September 2007). See, for example, Inter-American Dialogue, Race Report: Constitutional Provisions and Legal Actions Related to Discrimination and Afro-Descendant Populations in Latin America. Washington, D.C.: Inter-American Dialogue 2004. 7 See the Inter-American Court of Human Rights cases of Moiwana Village v. Suriname, Judgement of 15 June 2005 and Saramaka people v. Suriname, Judgement of 28 November 2007: “…the Court considers that the members of the Saramaka people make up a tribal community whose social, cultural and economic characteristics are different from other sections of the national community, particularly because of their special relationship with their ancestral territories, and because they regulate themselves, at least partially, by their own norms, customs, and/or traditions” (paragraph 84). 5 6 12 M A R G I N A L I S E D M I N O R I T I E S I N D E V E LO P M E N T P R O G R A M M I N g