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

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