INTRODUCTION 6 DRD, Arts. 1(1), 2(1), 2(3), 8(2). 7 DRD, Art. 6(2). 8 DRD, Art. 6(3). 9 At October 2004, there were three ratifications, 15 are required for its entry into force. 10 ILO Indigenous and Tribal Peoples Convention, (No. 169), Art. 1(2); the African Commission on Human and Peoples’ Rights, Resolution on the Adoption of the Report of the Working Group on Indigenous Populations/Communities, 34th Ordinary Session, 2003, preambular para. 4. 11 HRC General Comment No. 23 on the Rights of Minorities. op.cit., para 5.2. 12 CERD Concluding Observations on Botswana, UN doc. A/57/18, 2002, para. 301. 13 Kitok v. Sweden, HRC Communication No. 197/1985 (1988); Bernard Ominayak, Chief of the Lubicon Lake Band v. Canada, HRC Communication No. 167/1984 (1990); Apirana Mahuika et al v. New Zealand, HRC Communication No. 547/1993 (2000); Hajrizi Dzemajl et al. v. Federal Republic of Yugoslavia, CAT Communication No. 161/2000 (2002). 14 Notably though, the need to rely on international procedures constituted to assess civil and political rights in order to secure economic and social rights reflects the absence of a much needed international system for the adjudication of ESC rights. See, Cahn. C., The Justiciability of ESC Rights at the International Level, European Roma Rights Centre, presentation to the open ended Working-Group to consider options regarding the elaboration of an optional protocol to ICESCR, 2nd Session, 2005. Available at: www.errc.org 15 See, for example, Mahuika v. New Zealand, op.cit., para. 9.2; CERD General 16 African Charter on Human and Peoples’ Rights, Arts. 20–24. 17 Report of the African Commission’s Working Group of Experts on Indigenous Recommendation XXIII on the Rights of Indigenous Peoples, op.cit. Population/Communities, adopted by resolution at the 35th Ordinary Session, 2004; on reading minority and indigenous rights into the Charter see, Slimane, S., Recognizing Minorities in Africa, London, Minority Rights Group International, 2003. 18 As stated by the Inter-American Commission on Human Rights, ‘perhaps most fundamentally, the Commission and other international authorities have recognized the collective aspect of indigenous rights, in the sense of rights that are realized in part or in whole through their guarantee to groups or organizations of people.’ The Human Rights Situation of Indigenous People in the Americas, IACHR, OEA/Ser.L/V/II/108, doc. 62, 2000, 125; The Mayagna (Sumo) Indigenous Community of Awas Tingni v. the Republic of Nicaragua, Judgement, 31 August 2001, IACtHR, Series C No. 79, paras. 149. Notably, greater consideration has been given to the collective rights of indigenous peoples than of minorities. 19 For excerpted provisions see, Circle of Rights: Economic, Social and Cultural Rights Activism: A Training Resource, Module 6. Available at: www.1.umn.edu/humanrts/edumat/ IHRIP/circle/modules/module6.htm. 13