"Oina" is the reason for the denial of the re-registration (see paragraph 2.6 above). Nor has it
advanced arguments as to the compatibility of the requirements, which are de facto restrictions on the
right to freedom of expression, which are applicable to the authors' case, with any of the criteria listed
in article 19, paragraph 3, of the Covenant. The Committee therefore finds that the right to freedom of
expression under article 19 of the Covenant, respectively, Mr. Mavlonov's ability to publish "Oina"
and to impart information, and Mr. Sa'di's right to receive information and ideas in print, has been
violated. The Committee notes that the public has a right to receive information as a corollary of the
specific function of a journalist and/or editor to impart information. It considers that Mr. Sa'di's right
to receive information as an "Oina" reader was violated by its non-registration.
8.5 As to the authors' claim regarding the mass media registration regime as such constituting an
independent violation of article 19, paragraph 3, the Committee concludes that it is not necessary to
decide on this issue, in light of the finding of a violation of this provision in the authors' case, and
especially with regard to the limited information available before it.
8.6 As for the authors' claim under article 27, the Committee explained in its General Comment No.
23 on this provision, that this article 'establishes and recognizes a right which is conferred on
individuals belonging to minority groups and which is distinct from, and additional to, all the other
rights which ... [individuals] are already entitled to enjoy under the Covenant'. [FN10] It specifically
noted that 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'. [FN11] Finally,
the Committee has emphasized that article 27 requires State parties to employ '[p]ositive measures of
protection [...] against the acts of the State party itself, whether through its legislative, judicial or
administrative authorities [...]".[FN12]
-----------------------------------------------------------------------------------[FN10] Human Rights Committee's General Comment No. 23 (1994), para.1.
[FN11] Ibid, para.9.
[FN12] Ibid, para.6.1
-----------------------------------------------------------------------------------8.7 In this respect, the Committee has noted the authors' uncontested claim that "Oina" published
articles containing educational and other materials for Tajik students and young persons on events and
matters of cultural interest to this readership, as well as reported on the particular difficulties facing
the continued provision of education to Tajik youth in their own language, including shortages in
Tajik-language textbooks, low wages for teachers and the forced opening of Uzbek-language classes
in some Tajik schools. The Committee considers that in the context of article 27, education in a
minority language is a fundamental part of minority culture. Finally, the Committee refers to its
jurisprudence, where it has made clear that the question of whether Article 27 has been violated is
whether the challenged restriction has an 'impact [...] [so] substantial that it does effectively deny to
the [complainants] the right to enjoy their cultural rights [...]'.[FN13] In the circumstances of the
present case, the Committee is of the opinion that the use of a minority language press as means of
airing issues of significance and importance to the Tajik minority community in Uzbekistan, by both
editors and readers, is an essential element of the Tajik minority's culture. FN14 Taking into account
the denial of the right to enjoy minority Tajik culture, the Committee finds a violation of article 27,
read together with article 2.
-----------------------------------------------------------------------------------[FN13] See Länsman et al. v. Finland, Communication No. 511/1992, Views adopted on 26 October
1994, para.9.5.
FN14 Ibid, paras.9.2 and 9.3.
-----------------------------------------------------------------------------------9. The Human Rights Committee, acting under article 5, paragraph 4, of the Optional Protocol to the