PART THREE: PROTECTING MINORITY RIGHTS
the authorities’ failure to provide basic services or to guarantee legal security of tenure for residents
in settlements reflect a stigmatization of and discrimination against Roma”.1085 As a result, the Special
Rapporteur commented:
PART THREE
In April 2012, the previous mandate holder issued an urgent appeal with regard to the eviction of
approximately 240 households, mainly Roma, from the Belvil settlement in Belgrade. Although
they were relocated to four settlements in the outskirts of the city, the living conditions in the
temporary resettlement sites (known as “container settlements”) failed to meet international
standards, the location of the sites was not ideal, no access was given to public services, and
residents had not been adequately consulted or provided with information. In its reply to the
appeal, the Government pointed out that consultations had indeed been held, families had agreed
to an allocation of mobile housing units with the Secretariat for Social Welfare, and that voluntary
relocation from the settlement had been conducted without recourse to force. … The Special
Rapporteur points out that, even at the time of resettlement, the temporary arrangements were
not compliant with the obligation to ensure adequate housing. The fact that residents continue to
inhabit temporary housing more than three years later renders the situation even more problematic,
and cannot be regarded as acceptable under international human rights law.1086
VI. RIGHTS OF INDIGENOUS PEOPLES
As noted above, while indigenous peoples are recognized by the Human Rights Committee as falling within
the ambit of the provision on minority rights in article 27 of the International Covenant on Civil and Political
Rights, the adoption in 2007 of the United Nations Declaration on the Rights of Indigenous Peoples sets
indigenous peoples apart from other minorities as a result of the considerably strengthened rights recognized in
the Declaration. The Human Rights Committee has subsequently recognized the Declaration as demonstrative
of indigenous rights, referencing the Declaration in its analysis of indigenous rights and interpreting article 27
of the Covenant in the light of the Declaration itself.1087
The rights protected by the Declaration include collective rights to self-determination (art. 3); autonomy or
self-government in matters relating to their internal and local affairs, as well as ways and means for financing
their autonomous functions (art. 4); land rights (noted below); and free, prior and informed consent as “a
manifestation of indigenous peoples’ right to self-determine their political, social, economic and cultural
priorities” (arts. 10–11, 19, 28–29 and 32).1088 These provisions have no analogues in the Declaration on the
Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities.
The Expert Mechanism on the Rights of Indigenous Peoples has noted that, under the United Nations Declaration
on the Rights of Indigenous Peoples, the rights of indigenous peoples are both collective and individual:
Indigenous peoples have the right to enjoy, as a collective and as individuals, all of the human
rights and fundamental freedoms guaranteed in international human rights instruments, equally
with all other peoples and individuals. Respect for indigenous peoples’ self-determination and
their customary land tenure systems necessitates recognition of their collective ownership of lands,
territories and resources. … The institution of individual, as opposed to collective, land rights and
the vesting of power over lands customarily owned by indigenous peoples in the State undermine
these systems.1089
1085
A/HRC/31/54/Add.2, para. 44.
1086
Ibid., paras. 45–46.
1087
Human Rights Committee, Sanila-Aikio v. Finland (CCPR/C/124/D/2668/2015); and Käkkäläjärvi et al. v. Finland (CCPR/C/124/D/2950/2017).
1088
A/HRC/39/62, para. 14.
1089
A/HRC/45/38, paras. 6–7.
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