“In those States in which ethnic, religious or linguistic minorities exist, persons belonging to such minorities shall not be denied the right, in community with the other members of their group, to enjoy their own culture, to profess and practice their own religion, or to use their own language.” (article 27). International Covenant on Civil and Political Rights (visited July 20, 2002) <http://www.unhchr.ch/html/menu3/b/a_ccpr.htm>.
Modern human rights development makes clear the movement in favour of collective rights for minorities. However, in most international and domestic human rights instruments these rights are declared alongside with rights of individual members of minority groups without any distinction. Examples are the Council of Europe's 1995 Framework Convention for the Protection of National Minorities Framework Convention for the Protection of National Minorities (visited July 24, 2002) <http://conventions.coe.int/Treaty/EN/Treaties/Html/157.htm>.; the 1993 Vienna Declaration; Vienna Declaration and Program of Action (visited July 24, 2002) <http://www.unhchr.ch/huridocda/huridoca.nsf/(Symbol)/A.CONF.157.23.En?OpenDocument>. the 1978 UNESCO Declaration on Race and Racial Prejudice; Declaration on Race and Racial Prejudice (vidited July 21, 2002) <http://www.unhchr.ch/html/menu3/b/d_prejud.htm>. the 1992 Declaration on the Rights of Persons Belonging to National or Ethnic, Religious or Linguistic Minorities. Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities (visited July 21, 2002) <http://www.unhchr.ch/html/menu3/b/d_minori.htm>.
As a particular minority rights category can be considered the rights of indigenous peoples, Eva Brems, Human Rights: Universality and Diversity 480 (2001). as historically the indigenous population was the target of discrimination. Rebecca M. M. Wallace, International Human Rights Text and Materials 104 (2001). Compared with minority rights, rights of indigenous people are more often to encounter in domestic legislation E.g.: Federal Law on Territories of Traditional Exploitation of Nature by Indigenous Small Numbered Peoples of North, Siberia, and Far East in Russian Federation of Apr. 4, 2001 (visited July 24, 2002) <http://black.inforis.nnov.su/infobase/www.exe/a/90.new/upload.html?doc=77965 >. and more readily recognized as group rights E.g.: ILO Convention Nr. 107, on the Protection and Integration of Indigenous and Other Tribal and Semi-Tribal Populations in Independent Countries (June 26, 1957), declaring the collective rights of indigenous people, such as the right to decide their own priorities for the process of development and to participate in the formulation, implementation and evaluation in national and regional development plans affecting them (article 7 (1)), the right to retain their own customs and traditions (article 8 (2)), the rights of ownership and possession over the lands which they traditionally occupy (article 14 (1)), and the right to the natural resources pertaining to their lands (article 15 (1)). (visited July 24, 2002) <http://www.cwis.org/fwdp/International/ilo_107.txt>. than minority rights. For example, the 1994 United Nations Draft Declaration on the Rights of Indigenous People declares to be “collective rights” many of the rights included in the Declaration. E.g., the collective right to live in freedom, peace and security as distinct people and to full guarantees against genocide or any other act of violence, including the removal of indigenous children from their families and communities under any pretext (article 6); the collective and individual right not to be subjected to ethnocide and cultural genocide (article 7); the collective and individual right to maintain and develop their distinct identities and characteristics (article 8); the right to determine their own citizenship in accordance with their custom and traditions (article 32) etc. (Draft Declaration on the Rights of Indigenous People (visited July 24, 2002) <http://www.usask.ca/nativelaw/ddir.html>. An exception in this tendency is the Vienna Declaration referring to “the rights of indigenous people”, not peoples. Vienna Declaration, § II, 28-29. (visited July 21, 2002) <http://www.unhchr.ch/huridocda/huridoca.nsf/(Symbol)/A.CONF.157.23.En?OpenDocument>.
A group of so called collective cultural rights implies an individual's right in community with others to take part in cultural life. This right is recognized in the 1966 UNESCO Declaration of the Principles of International Cultural Co-operation Declaration of the Principles of International Cultural Co-operation (visited July 21, 2002) <http://www.unesco.org/culture/laws/cooperation/html_eng/page1.shtml>. and separately protected in ICESC International Covenant on Economic, Social, and Cultural Rights (visited July 28, 2002) <http://www.tufts.edu/departments/fletcher/multi/texts/BH497.txt>. 15 (1)(a). The right to profess and practice a religion in community with others is declared in ICCPR International Covenant on Civil and Political Rights (visited July 24, 2002) <http://www.tufts.edu/departments/fletcher/multi/texts/BH498.txt>. 18 (1). Surprisingly, the right to use a language is provided by neither of them. However, the European Court of Human Rights has held that the right to education would be meaningless if it did not imply the right to be educated in their national language. Judgement of the European Court of Human Rights in Six Groups of Belgian Citizens v. Belgium (visited Aug. 5, 2002) <http://www.coe.int/portalT.asp>. The right to the common heritage of mankind is included in the UNESCO Draft Declaration on the Safeguarding of Future Generations of 1997. Draft Unesco Declaration on Cultural Diversity (visited Aug. 5, 2002) <http://unesdoc.unesco.org/images/0012/001234/123405e.pdf>. This right is supposed to be more comprehensive than other cultural rights. It provides every individual, in community with others, with the right to share “Earth and space resources, scientific, technical, and other information and progress, and cultural traditions, sites, and monuments.”
The right to use of wealth and resources or the right to sovereignty over natural resources might be described as an economic counterpart of the right to self-determination. There is an opinion that the permanent sovereignty of peoples and nations over their natural resources is a component of the “principle of equal rights and self-determination of peoples” declared in the UN charter (article 1). Paul Sieghart, The International Law of Human Rights 368 (1995).
This right is formulated in article 1 (2) of the ICCPR and the ICESCR as follows:
“All peoples may, for their own ends, freely dispose of their natural wealth and resources without prejudice to any obligations arising out of international economic co-operation, based upon the principle of mutual benefit, and international law. In no case may a people be deprived of its own means of subsistence”.
Moreover, the article 47 of the ICCPR and the article 25 of the ICESCR state:
“Nothing in the present Covenant shall be interpreted as impairing the inherent right of all peoples to enjoy and utilize fully and freely their natural wealth and resources”.
In the most completed form this right is declared by the article 21 of ACHPR. African Charter on Human and Peoples' Rights (visited Aug. 5, 2002) <http://www.hrcr.org/docs/Banjul/afrhr.html>. All the above mentioned documents limit the right to sovereignty over natural resources by “obligations arising out of international economic cooperation” and by international law.
One of the most significant collective rights - the right to development, according to some commentators, is “difficult to define as a human right”, because it rather “tends to suggest the presence of certain conditions conducive for human rights ”. Rebecca M. M. Wallace, International Human Rights Text and Materials 1 (2001). The origin of this right is tracked back by some authors to the 1944 Declaration of Philadelphia, Declaration of Philadelphia (visited Aug. 5, 2002) <http://www.idhbb.org/uk-page4.1.htm>. adopted by the General Conference of the International Labor Organization, which stated, that “all human beings, irrespective of race, creed or sex, have the right to pursue both their material well-being and their spiritual freedom in conditions of freedom and dignity, of economic security and equal opportunity”.
The right to development as a human right was launched by Keba M'Baye, that time Chief Justice of Senegal, in his inaugural lecture on that subject to the 1972 study session of the International Institute of Human Rights in Strasbourg. In 1986 the General Assembly adopted the United Nations key document in this field - the Declaration on the Right to Development setting up the right to development as “an unalienable human right”. Declaration on the Right to Development (visited Aug. 8, 2002) <http://www.unhchr.ch/html/menu3/b/74.htm>. The Vienna Declaration and the Programme of Action (articles I/10-11 and II/72-74) states this right as “a universal and inalienable right and an integral part of fundamental human rights”. Vienna Declaration (visited Aug. 7, 2002) <http://www.unhchr.ch/huridocda/huridoca.nsf/(Symbol)/A.CONF.157.23.En?OpenDocument>. However, the most commentators agree, that this right doesn't really have any enforceable means of implementation except for in the regional ACHPR system. Gudmundur Alfredson, The right to Development: perspectives from human rights law, in Human Rights in Domestic Law and Development Assistance Policies of the Nordic Countries 84-85 (Lars Adam Rehof et al. ed., 1989). The right has been discussed broadly in recent years. See, for example, the 1992 Rio Declaration on Environment and Development (visited Aug. 18, 2002) <http://sedac.ciesin.org/pidb/texts/rio.declaration.1992.html>; Program of Action of 1994 Cairo Conference (visted Aug. 18, 2002) <http://www.undp.am/archive/gender/UN/Coordinator/Cairo/Cairo_1.htm>; Declaration and the Programme of Action of the World Summit for Social Development (Copenhagen, 1995) (visited Aug. 14, 2002) <http://www.visionoffice.com/socdev/wssd.htm>; the 1995 Platform of Action of the Beijing World Conference on Women (visited Aug. 14, 2002) <http://www.undp.org/fwcw/fwcw2.htm>. Partly, because the economic circumstances in many countries are such, that their inhabitants' rights are violated steadily, and partly also because some programs for the economic development of these countries may themselves result in deprivation of human rights. Paul Sieghart, The International Law of Human Rights, 401 (1995). There is no generally agreed definition of the nature or scope of the right to development in the context of human rights. Many authors agree with the collective nature of this right Philip Kunig, Human Rights Approach to the Right to Development: Merits and Shortcomings, in The Right to Development in International Law 84 (Erik M. G. Denters et al. ed., 1992)., however, the right to development might be considered as being both of collective and individual nature. Eva Brems, Human Rights: Universality and Diversity 71 (2001). The UN Declaration on the Right to Development defines the right to development as right to participate in, contribute to, and enjoy economic, social, cultural and political development, in which all human rights and fundamental freedoms can be realized; Declaration on the Right to Development (visited Aug. 5, 2002) <http://www.unhchr.ch/html/menu3/b/74.htm>. So, the right to development is supposed to have not only economical and social dimensions, but cultural and political as well. An international conference, convened by the International Commission of Jurists in 1981, formulated the right to development as follows: “Development should… be seen as a global concept including, with equal emphasis, civil and political rights and economic, social and cultural rights… True development requires recognition that the different human rights are inseparable from each other, and development is inseparable from human rights and the Rule of Law. Likewise, justice and equity at the international level are inseparable from justice and equity at the national level… Development should be understood as a process designed progressively to create conditions in which every person can enjoy, exercise and utilize under the Rule of Law all his human rights, whether economic, social, cultural, civil or political. Every person has the right to participate an, and benefit from, development in the sense of a progressive improvement in the standards and quality of life. The concept of the right to development… serves to express the right of all people all over the world, and of every citizen, to enjoy all human rights. The primary obligation to promote development, in such a way as to satisfy this right, rests upon each State for its own territory and for the persons under its jurisdiction.” (Reported in Development, Human Rights and the Rule of Law; also UN General Assambly Resolution 32/130 of 16 December 1977).
Страницы: 1, 2, 3
