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7.2 The Committee recalls its general comment No. 23, according to which article 27
establishes and recognizes a right which is conferred on individuals belonging to minority groups
and which is distinct from, and additional to, the other rights which all persons are entitled to
enjoy under the Covenant. Certain of the aspects of the rights of individuals protected under that
article - for example, to enjoy a particular culture - may consist in a way of life which is closely
associated with territory and use of its resources. This might particularly apply in the case of the
members of indigenous communities which constitute a minority. This general comment also
points out, with regard to the exercise of the cultural rights protected under article 27, 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. 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. The protection of these rights is directed to ensure the survival and continued development
of cultural identity, thus enriching the fabric of society as a whole.
7.3 In previous cases, the Committee has recognized that the rights protected by article 27
include the right of persons, in community with others, to engage in economic and social
activities which are part of the culture of the community to which they belong.4 In the present
case, it is undisputed that the author is a member of an ethnic minority and that raising llamas is
an essential element of the culture of the Aymara community, since it is a form of subsistence
and an ancestral tradition handed down from parent to child. The author herself is engaged in this
activity.
7.4 The Committee recognizes that a State may legitimately take steps to promote its economic
development. Nevertheless, it recalls that economic development may not undermine the rights
protected by article 27. Thus the leeway the State has in this area should be commensurate with
the obligations it must assume under article 27. The Committee also points out that measures
whose impact amounts to a denial of the right of a community to enjoy its own culture are
incompatible with article 27, whereas measures with only a limited impact on the way of life and
livelihood of persons belonging to that community would not necessarily amount to a denial of
the rights under article 27.5
7.5 In the present case, the question is whether the consequences of the water diversion
authorized by the State party as far as llama-raising is concerned are such as to have a
substantive negative impact on the author’s enjoyment of her right to enjoy the cultural life of
the community to which she belongs. In this connection the Committee takes note of the
author’s allegations that thousands of head of livestock died because of the degradation
of 10,000 hectares of Aymara pasture land - degradation caused as a direct result of the
4
5
Lubicon Lake Band v. Canada, op. cit., para. 32.2.
Communications Nos. 511/1992 and 1023/2001, Länsman v. Finland, Views adopted
on 26 October 1994 and 15 April 2005 respectively.