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27 Dhaka Univ. Stud. Part F 61 (2016)
Rights of Minorities and Indigenous Peoples as Collective Rights: A Critical Appraisal

handle is hein.journals/dkauvylw27 and id is 197 raw text is: Rights of Minorities and Indigenous Peoples as Collective Rights: A Critical Appraisal Aminul Islam* 1. Introduction The last few decades have witnessed a remarkable interest amongst political philosophers and legal theorists in the recognition of collective or group rights to minorities and indigenous peoples. As a category different from that of individual rights, group rights are seen as an instrument legitimating a wide range of claims raised by minorities in the States.294 Historically, these peoples have been subjected to the unjust and inhuman dispossession from their land, were deprived of their own culture, and their rights have been denied both by the national and international legal system.295This concern for minorities and indigenous peoples has led the international community to articulate norms for the protection and promotion of their rights, which is now an integral part of the international movement for the protection and promotion of human rights.296 Progressive view is that these people should have the ability to assert collective rights against those who attempt to undermine their beliefs, cultures and traditions.297Many nations recognise the individual rights of minorities and indigenous peoples to own property, to be free from discrimination, and so forth, but very few countries recognise the collective rights of groups to the same.298Therefore, the debate over collective rights for minorities and * Joint District and Sessions Judge, Bangladesh Judicial Service. The author is greatly indebted to Dr. Gaetano Pentassuglia, Reader of International Law and Human Rights at the University of Liverpool, UKfor his helpful guidance to write this article. 294 Neus Torbisco Casals (ed), Group Rights As Human Rights: A Liberal Approach to Multiculturalism (Springer, 2006) 1. 295 Abdullah Al Faruque and Najnin Begum, 'Conceptualising Indigenous Peoples' Rights: An Emerging New Category of Third-Generation Rights' (2004) 5(2) Asia-Pacific Journal on Human Rights and the Law 1, 1. 296 Ibid. 297 297 Melanie Riccobene Jarboe, 'Collective Rights to Indigenous Land in Carcieri v. Salazar' (2010) 30(2) Boston College Third World Law Journal 395, 398. 298 Ibid.