E/CN.4/Sub.2/AC.5/2001/2 page 3 or linguistic minority. A relevant question, however, would be whether the title indicates that the Declaration covers four different categories of minorities, whose rights have somewhat different content and strength. Persons belonging to groups defined solely as religious minorities might be held to have only those special minority rights which relate to the profession and practice of their religion. Persons belonging to groups solely defined as linguistic minorities might similarly be held to have only those special minority rights which are related to education and use of their language. Persons who belong to groups defined as ethnic would have more extensive rights relating to the preservation and development of other aspects of their culture also, since ethnicity is generally defined by a broad conception of culture, including a way of life. The category of national minority would then have still stronger rights relating not only to their culture but to the preservation and development of their national identity. 7. The Declaration does not, in its substantive provisions, make such distinctions. This does not exclude the possibility that in the interpretation and application of the various provisions the needs of the different categories of minorities could be taken into account. 8. Regional European instruments on minority rights use only the concept “national minorities” and do not refer to “ethnic, religious or linguistic minorities”. The most important among them are the instruments and documents of the Council of Europe4 and the Organization for Security and Co-operation in Europe.5 When applying those instruments it is important to define “national minority”, but the same problem does not arise for the 1992 Declaration on Minorities of the United Nations: even if a group is held not to constitute a national minority, it can still be an ethnic, religious or linguistic minority and therefore be covered by the Declaration. 9. This can be important in several respects. In relation to the European regional instruments, some States argue that “national minorities” only comprise groups composed of citizens of the State. Even if that is accepted (at present it is a matter of some controversy), it would not apply to the 1992 Declaration on Minorities because it has a much wider scope than “national minorities”. As the 1992 Declaration is inspired by article 27 of the International Covenant on Civil and Political Rights, it may be assumed that the Declaration has at least as wide a scope as that article. In conformity with article 2 of the Covenant, States parties are under an obligation to respect and ensure the application of article 27 to everyone within its territory and under its jurisdiction, whether the person - or group of persons - are citizens of the country or not. This is also the view expressed by the Human Rights Committee in paragraphs 5.1 and 5.2 of its General Comment No. 23 (fiftieth session, 1994). Persons who are not (yet) citizens of the country in which they reside can form part of or belong to a minority in that country. 10. While citizenship as such should not be a distinguishing criterion which excludes some persons or groups from enjoying minority rights under the Declaration, other factors can be relevant in distinguishing between the rights that can be demanded by different minorities. Those who live compactly together in a part of the State territory may be entitled to rights regarding the use of language, and street and place names which are different from those who are dispersed, and may in some circumstances be entitled to some kind of autonomy. Those who have been established for a long time on the territory may have stronger rights than those who have recently arrived.