Migration has also been a feature of this region
and the protection of migrant workers as minorities needs also to be considered (e.g. Ferguson
2003). Migrant communities are often victims
of racism in their new society and there are concerns around workers’ rights and discrimination.
Undocumented migrants are particularly vulnerable to harassment and deportation.
Relations between minority groups have sometimes been strained. Afro-descendants and
indigenous peoples often have united in their
claims for economic and land rights, but sometimes experience fractious relations due to
competition for (limited) government resources
or land (e.g. Ng’weno 2007). Some groups of
African descent self-identify also as indigenous peoples (e.g. Garífuna), because they are
descended also from indigenous populations in
the region and because they have continuously
inhabited the same land and practice traditional
cultures (e.g. Anderson 2007).
The civil society of indigenous peoples is strong.
Afro-descendant CSOs have consolidated further since the preparations for the 2001 World
Conference Against Racism, which offered
people of African descent important political
opportunities for advocacy and dialogue. The
Roma of Latin America, whose population is estimated at over 1 million people, have been largely
unrecognized to date but are also beginning to
mobilise to advocate for non-discrimination and
cultural protection (Tchileva 2004).
12.2.1 Standards and Mechanisms of
the Organization of American
States (OAS)
The OAS does not have any specific provisions
for minority rights within the human rights treaties of this system. It is currently negotiating a
draft Inter-American Convention against Racism
and all forms of Discrimination and Intolerance
and a draft American Declaration on the Rights
of Indigenous Peoples. The Inter-American Court
166
of Human Rights has made some important
decisions governing the rights of indigenous
peoples and Afro-descendants. There are Special
Rapporteurs on: the Rights of Persons of African
Descent and Racial Discrimination; on Migrant
Workers and their Families; and on the Rights of
Indigenous Peoples.
The main human rights instrument of the OAS
is the American Convention on Human Rights,
also known as the Pact of San José, which
came into force in 1978. The Convention has
24 States parties. There is an Optional Protocol
to the Convention on economic, social and cultural rights (Protocol of San Salvador) which has
14 States parties and came into force in 1999.
The Convention is monitored by the InterAmerican Commission on Human Rights and
the Inter-American Court of Human Rights.
Individuals alleging violations of their rights
under the Convention cannot apply directly to
the Court; they must submit their case to the
Commission first. The Commission examines
the case and if it finds the State responsible, it
will usually give the State a list of recommendations for addressing the issue. Should the State
fail to comply, or if the case addresses a particularly important matter of law, the Commission
will, as a last resort, refer the case to the
Inter-American Court.
The American Convention does not mention
minorities. Article 1 of the Convention protects
against discrimination on the grounds of “race,
color, sex, language, religion, political or other
opinion, national or social origin, economic
status, birth, or any other social condition” in
the exercise of rights under the Convention.
Freedom of religion is guaranteed under
article 12, and article 24 provides for equal protection of the law without discrimination. The
Protocol on economic, social and cultural rights
also contains non-discrimination provisions and
article 14 recognizes the right to take part in the
cultural life of the community.
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