6.2. Although the rights protected under article 27 are individual rights, they depend in turn on the ability of the
minority group to maintain its culture, language or religion. Accordingly, positive measures by States may also
be necessary to protect the identity of a minority and the rights of its members to enjoy and develop their culture
and language and to practise their religion, in community with the other members of the group. In this
connection, it has to be observed that such positive measures must respect the provisions of articles 2.1 and 26
of the Covenant both as regards the treatment between different minorities and the treatment between the
persons belonging to them and the remaining part of the population. However, as long as those measures are
aimed at correcting conditions which prevent or impair the enjoyment of the rights guaranteed under article 27,
they may constitute a legitimate differentiation under the 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, especially 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 towards ensuring 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.
3/ See ibid., Forty-second Session, Supplement No. 40 (A/42/40), annex VIII, sect. D, Communication No.
182/1984 (F.H. Zwaan-de Vries v. the Netherlands), views adopted on 9 April 1987; ibid., sect. C,
Communication No. 180/1984 (L.G. Danning v. the Netherlands), views adopted on 9 April 1987.
4/ See ibid., Forty-fifth Session, Supplement No. 40, (A/45/40), vol. II, annex X, sect. A, Communication No.
220/1987 (T.K. v. France), decision of 8 November 1989; ibid., sect. B, Communication No. 222/1987 (M.K. v.
France), decision of 8 November 1989.