c. Other instruments 23. In addition, another international legal instrument, but this time of a regional nature, the 1986 African Charter on Human and People’s Rights, incorporates this tendency when it establishes the special protection of certain rights of the indigenous peoples based on their exercise as collective rights. 27 III. THE SCOPE OF THE HUMAN RIGHTS OF THE INDIGENOUS PEOPLES AND THEIR MEMBERS. A. Specific rights 24. It could then be argued that the said international texts, autonomous sources of international law, such as the treaties, and auxiliary sources, such as the decisions of organs of international organizations, refer to the human rights of the indigenous peoples and even of their members when it is a matter of the specific rights of either these collectivities or their members, which are, consequently, distinct or different from those in force for all human beings. Otherwise, the special or distinctive declaration in some of the legal instruments mentioned (those which seek precisely to have legal effect, in other words, to establish or to determine the international legal obligations derived from the rights thus declared), would be meaningless and lack justification. A. Rights of the collectivity 25. All the foregoing allows for a broader understanding of the provisions of Article 1 of the Convention, 28 so that the obligation to respect and ensure to all persons the exercise of the rights established in the Convention would also include the collectivities or communities, such as the indigenous peoples, to the extent that at least some of these rights extend to these entities. Rights that, consequently, the members may only enjoy and exercise through the collectivity and because they form part of it, which, all things considered, would imply that such rights are not merely of an individual nature. CONCLUSION 26. In other words, based on the above, and applying the provisions of Article 29(b) and 29(d) of the Convention, 29 it can be concluded that, in keeping with the progressive development of international human rights law, it would be appropriate, on the one hand, to include in the term “person” contained in several articles of the Convention and as victims of violations of rights established in it, not only the 27 African Charter on Human and Peoples Rights: Article 20, which protects the right to existence and self-determination; Article 21, which protects the right to the natural resources and ownership of their lands, and Article 22 which guarantees the right to development. 28 29 See note 1. Article 29: “No provision of this Convention shall be interpreted as: […] b. restricting the enjoyment or exercise of any right or freedom recognized by virtue of the laws of any State Party or by virtue of another convention to which one of the said states is a party; […] and, d. excluding or limiting the effect that the American Declaration of the Rights and Duties of Man and other international acts of the same nature may have.” 6

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