E/CN.4/Sub.2/AC.5/2001/2 page 8 identity. This obligation also follows from the International Convention on the Elimination of All Forms of Racial Discrimination. Under article 4 of that Convention, States are required to adopt legislative measures intended to protect groups against hatred and violence on racial or ethnic grounds. A comparable obligation is contained in article 20 of the International Covenant on Civil and Political Rights. Article 2 2.1 Persons belonging to national or ethnic, religious and linguistic minorities (hereinafter referred to as persons belonging to minorities) have the right to enjoy their own culture, to profess and practise their own religion, and to use their own language, in private and in public, freely and without interference or any form of discrimination 33. Article 27 of the International Covenant on Civil and Political Rights has almost the same language, but the Declaration is more explicit in requiring positive action. Article 27 of the Covenant, requires that persons belonging to the minorities “shall not be denied the right to …”, whereas article 2 of the Declaration of 1992 uses the positive expression “have the right to …”. Article 27 has been interpreted by the Human Rights Committee as requiring more than mere passive non-interference.7 The Declaration on Minorities makes it clear that these rights often require action, including protective measures and encouragement of conditions for the promotion of their identity (art. 1) and specified, active measures by the State (art. 4). 34. The words “freely and without interference or any form of discrimination”, at the end of article 2.1, show that it is not enough for the State to abstain from interference or discrimination. It must also ensure that individuals and organizations of the larger society do not interfere or discriminate. 2.2 Persons belonging to minorities have the right to participate effectively in cultural, religious, social, economic and public life 35. The right to participate in all aspects of the life of the larger national society is essential, both in order for persons belonging to minorities to promote their interests and values and to create an integrated but pluralist society based on tolerance and dialogue. By their participation in all forms of public life in their country, they are able both to shape their own destinies and to contribute to political change in the larger society. 36. The words “public life” must be understood in the same broad sense as in article 1 of the International Convention on the Elimination of All Forms of Racial Discrimination, though much is covered already by the preceding words “cultural, religious, social and economic”. Included in “public life” are, among other rights, rights relating to election and to being elected, the holding of public office, and other political and administrative domains. 37. Participation can be ensured in many ways, including the use of minority associations (see also art. 2.4), membership in other associations, and through their free contacts both inside the State and across borders (see art. 2.5).

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