CCPR/C/124/D/2668/2015
indigenous peoples to freely determine their political status and freely pursue their
economic, social and cultural development. 24 Article 1 of the Covenant and the
corresponding obligations concerning its implementation are interrelated with other
provisions of the Covenant and rules of international law.25
6.9
The Committee notes that, according to the State party, the author failed to establish
in what way she had been directly affected by the Supreme Administrative Court rulings. It
also notes the author’s request that the Committee take into account the individual and
collective dimensions of the case. In this regard, the Committee recalls its general comment
No. 23 (para. 9), in which it recognizes that the protection of the rights under article 27 of
the Covenant 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 observed that those rights must be protected as
such and should not be confused with other personal rights conferred on one and all under
the Covenant. Moreover, although the rights protected under article 27 are individual rights,
they depend in turn on the ability of the group to maintain its culture, language or religion. 26
The Committee further recalls that the preamble of the United Nations Declaration on the
Rights of Indigenous Peoples establishes that indigenous peoples possess collective rights
which are indispensable for their existence, well-being and integral development as peoples.
In view thereof, the Committee considers that in the context of indigenous peoples’ rights,
articles 25 and 27 of the Covenant have a collective dimension and some of those rights can
only be enjoyed in community with others. The rights to political participation of an
indigenous community in the context of internal self-determination under article 27, read in
the light of article 1, of the Covenant, and in pursuance of the preservation of the rights of
members of the community to enjoy their own culture or to use their own language in
community with the other members of their group, are not enjoyed merely individually.
Consequently, when considering the individual harm in the context of this communication,
the Committee must take into account the collective dimension of such harm. With respect
to dilution of the vote of an indigenous community in the context of internal selfdetermination, harm directly imposed upon the collective may injure each and every
individual member of the community. The author is a member of an indigenous community
and all of her claims are related to her rights as such.
6.10 The Committee notes the author’s claim that, given the mandate of the Sami
Parliament, the effective functioning of the Parliament and its capacity to adequately
represent the views of the Sami are essential for the implementation by the State party of
articles 25 and 27 of the Covenant, and that the Sami Parliament is an important instrument
for the Sami, individually and collectively, to enjoy and exercise the rights protected under
those articles. The Committee notes that the powers and duties of the Sami Parliament
include looking after the Sami language and culture, taking care of matters relating to the
status of the Sami as an indigenous people, acting as a representative of the Sami people
nationally and internationally in matters pertaining to its tasks, and being consulted by all
authorities in a long list of matters that concern the Sami as an indigenous people or
developments within the Sami homeland. The Committee accordingly considers that the
Sami Parliament constitutes the institution by which the State party ensures the effective
participation of the members of the Sami people as an indigenous community in the
decisions that affect them. Consequently, the State party’s fulfilment of the obligations
contained in article 27 of the Covenant depend on the effective role that the Sami
Parliament may play in decisions that affect the rights of members of the Sami community
to enjoy their own culture or to use their own language in community with the other
members of their group. The electoral process for the Sami Parliament accordingly must
ensure the effective participation of those concerned in the internal self-determination
process, which is necessary for the continued viability and welfare of the indigenous
community as a whole. Pursuant to article 25 of the Covenant, the Committee also
considers that restrictions affecting the right of members of the Sami indigenous
24
25
26
GE.19-04714
United Nations Declaration on the Rights of Indigenous Peoples, art. 3; see also art. 4. See further
general comment No. 12 (1984) on the right to self-determination, para. 2.
General comment No. 12, para. 2.
General comment No. 23, para. 6.
11