A/HRC/19/56/Add.1 B. International law and identity in Rwanda 12. While the independent expert recognizes the unique history of Rwanda, the policies of the Government must be assessed as against the State‟s obligations under international human rights law. Article 27 of the International Covenant on Civil and Political Rights establishes that “in those States in which ethnic, religious or linguistic minorities exist, persons belonging to such minorities shall not be denied the right, in community with the other members of their group, to enjoy their own culture, to profess and practise their own religion, or to use their own language”. The question of the existence of minorities is addressed by the Human Rights Committee in its general comment No. 23 (1994) on the rights of minorities, which elaborates that “the existence of an ethnic, religious or linguistic minority in a given State party does not depend upon a decision by that State party but requires to be established by objective criteria”. 13. Considering identification with particular racial or ethnic groups, the Committee on the Elimination of Racial Discrimination has stated in its general recommendation No. 8 (1990) on identification with a particular racial or ethnic group (art. 1, paras. 1 and 4) that “such identification shall, if no justification exists to the contrary, be based upon selfidentification by the individual concerned”. Furthermore, the African Commission on Human and Peoples‟ Rights, at its thirty-fourth Session, in November 2003, recalled “the emphasis given in international law to self-identification as the primary criterion for the determination of who constitutes a minority or indigenous person”. 2 International Labour Organization (ILO) Convention No. 169 concerning Indigenous and Tribal Peoples in Independent Countries also recognizes the principle of self-identification. Article 1, paragraph 2, states that “self-identification as indigenous or tribal shall be regarded as a fundamental criterion for determining the groups to which the provisions of this Convention apply”. 14. The right of individuals to freely identify themselves as belonging to an ethnic, religious or linguistic group is therefore well-established in international law. It is also notable that the existence of a common language or culture does not necessarily negate the possibility of ethnic difference, but may rather be evidence of assimilation of different population groups over generations. Domestic law relevant to ethnicity, identity, minority status, equality and non-discrimination should recognize such rights and ensure that no individual or group suffers from any disadvantage or discriminatory treatment on the basis of their freely chosen identity as belonging to (or not belonging to) an ethnic, religious, linguistic or any other group. 15. The country‟s National Unity and Reconciliation Commission undertook a survey and produced a report in October 2010 entitled Rwanda Reconciliation Barometer.3 The survey revealed that some 60 per cent of people consider themselves Rwandans not identified along ethnic lines and indicates that ethnicity is increasingly less relevant in postgenocide Rwanda. Some 97 per cent of respondents exhibited a strong preference for a national Rwandan identity and national values. It is nevertheless acknowledged in the 2 3 6 Resolution ACHPR/Res.65 (XXXIV) 03 on the adoption of the report of the African Commission‟s Working Group on Indigenous Populations/Communities. United Nations Development Programme (UNDP)-Department for International Development, Institute for Justice and Reconciliation (IJR) and the Institute of Research and Dialogue for Peace (Kigali, 2010).