8
INTRODUCTION
The interdependence of ESC rights, how they relate to one another and how
this may inform advocacy choices, is also raised throughout the guide. The chapter,
‘Education rights’, demonstrates the importance of education in maintaining
elements integral to the cultural preservation of minority groups such as their
history, knowledge and languages. And the chapter, ‘The rights to food and to
water’, clearly shows links between securing traditional forms of livelihood and
access to food and food security.
Are the individual and the collective ESC rights of minorities and
indigenous peoples protected?
It is important that the policies and measures adopted by states to give meaning to
their obligations are designed to respond to both the individual and collective
nature of minorities and indigenous peoples’ economic, social and cultural rights.
For ethnic, religious and linguistic minorities, as for indigenous peoples, the preservation of a distinct identity is critical to their existence and forms the cornerstone
of their collective rights. Indeed, giving effect to ESC rights often requires that
they be collectively exercised, as is evidenced through the collective use and
ownership of traditional lands, and by ensuring cultural and linguistic rights in
educational curricula.
Some states have shown a reluctance to recognize collective rights, particularly
in negotiations at the international level. This stems largely from an apprehension
over granting power to distinct ethnic groups and a concern that this could lead to
the break-up of the state. As the chapter, ‘Labour rights’, illustrates, ILO standards
have built in the need to address the situations of particular minorities as groups;
UN treaty-monitoring bodies have developed the group-oriented component of
various provisions found within the human rights treaties they oversee;15 and the
African regional human rights system entrenches collective rights,16 including in
relation to indigenous peoples and ethnic minorities.17 The Inter-American human
rights system recognizes rights vested in collectivities 18 and, constitutions from
countries in Latin American provide for the collective rights of ethnic groups, often
with specific consideration given to indigenous peoples.19
As individuals, persons belonging to minority and indigenous communities are
all too often exposed to discrimination based on ethnicity, language or religion,
which limits their ability to exercise their individual economic, social and cultural
rights. Drawing on the standards in place to secure the various rights of minorities
and of indigenous peoples, this guide addresses both aspects of their particular
human rights.