Covenant, provided that they are based on reasonable and objective
criteria.
7. With regard to the exercise of the cultural rights protected
under article 27, the Committee observes that culture manifests
itself in many forms, including a particular way of life
associated with the use of land resources, specially in the case
of indigenous peoples. That right may include such traditional
activities as fishing or hunting and the right to live in reserves
protected by law 5/. The enjoyment of those rights may require
positive legal measures of protection and measures to ensure the
effective participation of members of minority communities in
decisions which affect them.
8. The Committee observes that none of the rights protected under
article 27 of the Covenant may be legitimately exercised in a
manner or to an extent inconsistent with the other provisions of
the Covenant.
9. The Committee concludes that article 27 relates to rights
whose protection imposes specific obligations on States parties.
The protection of these rights is directed to ensure the survival
and continued development of the cultural, religious and social
identity of the minorities concerned, thus enriching the fabric of
society as a whole. Accordingly, the Committee observes that
these rights must be protected as such and should not be confused
with other personal rights conferred on one and all under the
Covenant. States parties, therefore, have an obligation to ensure
that the exercise of these rights is fully protected and they
should indicate in their reports the measures they have adopted to
this end.
Notes
1/ See Official Records of the General Assembly, Thirty-ninth
Session, Supplement No.40 (A/39/40), annex VI, General Comment
No. 12(21) (article 1), also issued in document
CCPR/C/21/Rev.1; ibid. Forty-fifth Session, Supplement No.40,
(A/45/40), vol.II, Annex IX, Sect.A, communication No.167/1984
(Bernard Ominayak, Chief of the Lubicon Lake Band, v. Canada),
views adopted on 26 March 1990.
2/ See ibid., Forty-third Session, Supplement No.40 (A/43/40),
annex VII, sect.G, communication No. 197/1985 (Kitok v.
Sweden), views adopted on 27 July 1988.
4