ABSTRACT
The issue of the rights of ethnic minorities and indigenous peoples has reached an extremely sensitive position in comparative constitutional laws as well as in international law. 1 Notwithstanding its importance, there are serious disagreements regarding the definition of ‘peoples’, ‘minorities’ and ‘indigenous peoples’. The primary reason for this controversy is that although ‘peoples’ and ‘indigenous peoples’ have a right to self-determination, under contemporary international law ‘minorities’ do not enjoy the same rights. 2 As the International Labour Organisation Convention 169 (entitled the Convention Concerning Indigenous and Tribal Peoples in Independent Countries [1989]) 3 and the Draft United Nations Declaration on the Rights of Indigenous People 4 confirm, indigenous peoples are increasingly being recognised as having the right to self-determination. This right, if accorded widespread recognition, could make a difference between the right to independent statehood as opposed to mere entitlement of cultural, linguistic or religious existence within established international boundaries.
