3.1. The Covenant draws a distinction between the right to selfdetermination and the rights protected under article 27. The
former is expressed to be a right belonging to peoples and is
dealt with in a separate part (Part I) of the Covenant. Selfdetermination is not a right cognizable under the Optional
Protocol. Article 27, on the other hand, relates to rights
conferred on individuals as such and is included, like the
articles relating to other personal rights conferred on
individuals, in Part III of the Covenant and is cognizable under
the Optional Protocol 1/.
3.2 The enjoyment of the rights to which article 27 relates does
not prejudice the sovereignty and territorial integrity of a State
party. At the same time, one or other aspect of the rights of
individuals protected under that article - for example, to enjoy a
particular culture - may consist in a way of life which is closely
associated with territory and use of its resources 2/. This may
particularly be true of members of indigenous communities
constituting a minority.
4. The Covenant also distinguishes the rights protected under
article 27 from the guarantees under articles 2(1) and 26. The
entitlement, under article 2(1), to enjoy the rights under the
Covenant without discrimination applies to all individuals within
the territory or under the jurisdiction of the State whether or
not those persons belong to a minority. In addition, there is a
distinct right provided under article 26 for equality before the
law, equal protection of the law, and non-discrimination in
respect of rights granted and obligations imposed by the States.
It governs the exercise of all rights, whether protected under the
Covenant or not, which the State party confers by law on
individuals within its territory or under its jurisdiction,
irrespective of whether they belong to the minorities specified in
article 27 or not 3/. Some States parties who claim that they
do not discriminate on grounds of ethnicity, language or religion,
wrongly contend, on that basis alone, that they have no
minorities.
5.1. The terms used in article 27 indicate that the persons
designed to be protected are those who belong to a group and who
share in common a culture, a religion and/or a language. Those
terms also indicate that the individuals designed to be protected
need not be citizens of the State party. In this regard, the
obligations deriving from article 2(1) are also relevant, since a
State party is required under that article to ensure that the
rights protected under the Covenant are available to all
individuals within its territory and subject to its jurisdiction,
except rights which are expressly made to apply to citizens, for
example, political rights under article 25. A State party may
not, therefore, restrict the rights under article 27 to its
citizens alone.
5.2. Article 27 confers rights on persons belonging to minorities
which "exist" in a State party. Given the nature and scope of the
rights envisaged under that article, it is not relevant to
determine the degree of permanence that the term "exist" connotes.
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