A/HRC/52/35 be permanent residents. Thus, migrant workers or even visitors in the State party constituting such minorities are entitled not to be denied the exercise of those rights.”11 15. Article 27 of the International Covenant on Civil and Political Rights requests States parties to ensure that persons belonging to minorities “shall not be denied the right, in community with the other members of their group, to enjoy their own culture, to profess and practise their own religion, or to use their own language”. The Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities and the United Nations Declaration on the Rights of Indigenous Peoples act as interpretative tools for article 27 of the Covenant and confirm the need for positive steps to be taken for the realization of the rights recognized in that article, as well as the right to effective participation. Of course, the specific measures that will need to be taken for the protection of specific migrants may differ. All the instruments cited above set out minimum standards that require to be implemented by States. 16. For migrants, the Global Compact for Safe, Orderly and Regular Migration is of importance in that it reiterates that: “Refugees and migrants are entitled to the same universal human rights and fundamental freedoms, which must be respected, protected and fulfilled at all times.” The States parties also reaffirm that the respect for human rights of migrants must be effective, regardless of their migration status, across all stages of the migration cycle. Commitment No. 16 of the Compact affirms the need for States to empower migrants and communities to achieve full integration and social cohesion. As part of objective 16 of the Compact, they commit explicitly to: “Promote mutual respect for the cultures, traditions and customs of communities of destination and of migrants by exchanging and implementing best practices on integration policies, programmes and activities, including on ways to promote acceptance of diversity and facilitate social cohesion and inclusion”. Objective 17 promotes the abolition of all forms of discrimination and the promotion of evidence-based public discourse to influence public perceptions of migration.12 Although the Global Compact does not create new rights and obligations, it clarifies how general human rights apply to migrants. 17. Finally, the Special Rapporteur is aware that although the duty bearers of human rights obligations are States, non-governmental organizations or even multinational corporations are often heavily involved in managing migration.13 The Special Rapporteur wishes to clarify that even when responsibilities have been passed, formally or not, to other private or international entities or local authorities, ultimately it is the responsibility of the State to ensure that the obligations deriving from international human rights law are fulfilled. When it comes to cultural rights, legislation is only one measure to protect those rights and hence it might often be insufficient on its own. B. Recognition of cultural rights at the national level 18. In their respective submissions a number of States, including Azerbaijan, Bahrain, Ecuador, El Salvador and Saudi Arabia, reported that they recognized cultural diversity, cultural rights and the prohibition of discrimination in national legislation. In some cases, cultural rights are recognized in their rightful place alongside the other human rights in constitutions, for example in article 11 of the Constitution of Kenya.14 That recognition in legislation is important. Unfortunately, some States still address cultural policies to citizens 11 12 13 14 GE.23-01011 Para. 5.2. See also, Roberta Medda-Windischer, Old and New Minorities: Reconciling Diversity and Cohesion, (Baden-Baden, Germany, Nomos Verlagsgesellschaft, 2008); Manfred Nowak, “The evolution of minority rights in international law, comments”, in Peoples and Minorities in International Law, Catherine Brölmann, René Lefeber and Marjoleine Zieck, eds. (Dordrecht, Netherlands, Martinus Nijhoff, 1993); Rainer Hofmann, “The Framework Convention for the Protection of National Minorities: an introduction”; Stephanie E. Berry, “Integrating refugees: the case for a minority rights based approach”; and Kristin Henrard and Robert Dunbar, eds., Synergies in Minority Protection: European and International Law Perspectives (Cambridge, Cambridge University Press, 2008). See submission by Qatar. See submission by Dalton Price, Oxford University. See submission by Kenya. 5