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Conclusion
Margot E. Salomon
Inequality in the distribution of wealth and power between and within countries is
both persistent and extreme. Those already marginalized – the poor, living without
access to basic nutrition, potable water, adequate education, land, equitable
conditions of work, and/or the ability to participate effectively in decision-making
processes – are also the least likely to benefit from positive developments within
their countries. In most parts of the world, minority groups and indigenous
peoples are among the poorest, falling below the national average on all human
development indicators.1 This exclusion – whether a result of structural or direct
discrimination – is both a cause and consequence of denying minorities and
indigenous peoples their economic, social and cultural rights. There is, however, an
additional component of critical importance. Failure to allow minorities and
indigenous peoples to progressively realize their economic, social and cultural
rights also undermines their ability to preserve their identities, distinct traditions,
languages and ways of life. Threats to their cultural identity, coupled with growing
economic and social inequalities, can also be a cause of conflict. This underscores
the need to appreciate fully the importance of having minorities and indigenous
peoples as the beneficiaries of ESC rights. This guide has attempted to provide a
synthesis of key elements and outlets that might assist in this critical endeavour.
There are many actors – governments, international organizations, companies –
whose actions and decisions impact on the ability of minorities and indigenous
peoples to exercise their ESC rights. Under international law, the first responsibility
lies with states to enact measures and policies that give meaning to these rights
including the establishment of regulatory mechanisms that will prevent other
actors (such as corporations) from violating them.
A breach of ESC rights, including those affecting disadvantaged and marginalized groups, occurs if states are unwilling to comply with their obligations, including through the use of the maximum available resources to realize these rights.2 If
the state is unable to meet its obligations, it has an obligation to seek international
assistance and cooperation3 and, those in a position to assist,4 have an obligation to
countenance the request. States and others actors, such as the World Bank,
International Monetary Fund and World Trade Organization, which greatly
influence the decisions taken by individual states in a range of areas, have a duty not
to undermine the ability of these states to meet any of their human rights obliga-