Collective Rights

Question 1

What are collective rights

Answer 1

currently only 4 recognised

Question 2

4 collective rights currently recognised?

Answer 2

1) Self-determination Art 1 ICCPR
2) Permanent Sovereignty over Natural Resources Art 1(2) ICCPR
3) Right to Development GA (1986)
4) Indigenous Rights GA (2007)

Question 3

What is the difference from minority rights?

Answer 3

MRs are asserted individually, need not have connection to land

Question 4

A27 ICCPR

Answer 4

protects minorities,: enjoy on culture, own religion own language

Question 5

How are minority rights asserted?

Answer 5

As individuals collective, NOT as a collective as an entitity

Question 6

CRITISISM OF COLLECTIVE RIGHTS

Answer 6

1) Human rights cannot be collective (Donnelly on the right to development)
2) Individuals right are subordinated by group rights
3) Difficulty identifying the “group” competing claims between groups, questions about who represents the groups
4) Rights inflation (Ignatieff)

Question 7

Wjy should indigenous people have additional protection?

Answer 7

Historic Injustice
Relationship with land
Self-identification/Distinctiveness
Often marginalised

Question 8

UN Declaration on the Rights of Indigenous Peoples (2007)

Answer 8

Individual and collective right; Equality and non-discrimination
Self-determination (autonomy); Culture, religion and institutions
Consultation/decision-making; Land Rights; Restitution and compensation
Intellectual Property

Question 9

Länsman v Finland (Sami People)

Answer 9

• No violation of article 27 ICCPR

- quarrying permit; prior consultation and reindeer herding not adversely affected