A/HRC/17/38 38. The Human Rights Committee observed “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” and noted that it can include traditional economic activities such as fishing and hunting.43 39. The Committee established a set of criteria to identify violations of the provision contained in article 27 of the ICCPR. In general, State interference with the enjoyment of culture must have a reasonable and objective justification and be compatible with the other provisions of the Covenant. States must ensure the effective participation of members of minorities in decisions affecting them and limit the negative impact of the measures taken.44 This implies more than mere information or consultation; it entails meaningful participation and prior and informed consent of the community concerned.45 40. Many useful references are contained in the United Nations Declaration on the Rights of Persons belonging to National or Ethnic, Religious and Linguistic Minorities. For instance, under article 4.2, “States shall take measures to create favourable conditions to enable persons belonging to minorities to express their characteristics and to develop their culture, language, religion, traditions and customs, ….” In the same spirit, States Parties to the Council of Europe Framework Convention on the Protection of National Minorities undertake “to promote the conditions necessary for persons belonging to national minorities to maintain and develop their culture, and to preserve the essential elements of their identity, namely their religion, language, traditions and cultural heritage”.46 The European Charter for Regional or Minority Languages is also worth mentioning. 3. The right to maintain, control, protect and develop cultural heritage 41. The United Nations Declaration on the Rights of Indigenous Peoples, and the International Labour Organization Convention No. 169 concerning Indigenous and Tribal Peoples in Independent Countries contain many provisions relating to cultural rights and, more or less explicitly, cultural heritage. 42. In applying the provisions of the Convention, “the social, cultural, religious and spiritual values and practices of these peoples shall be recognized and protected”.47 Furthermore, Governments shall “consult the peoples concerned, through appropriate procedures and in particular through their representative institutions, whenever consideration is being given to legislative or administrative measures which may affect them directly”.48 43. Among other important provisions, in particular those relating to the free, prior and informed consent of indigenous peoples, article 31 of the United Nations Declaration stipulates that: Indigenous peoples have the right to maintain, control, protect and develop their cultural heritage, traditional knowledge and traditional cultural expressions, as well 43 44 45 46 47 48 12 General comment No. 23 (1994) on the rights of minorities, para. 7. See also Human Rights Committee: Ivan Kitok v. Sweden, communication No. 197/1985; Bernard Ominayak, Chief of the Lubicon Lake Band v. Canada, communication No. 167/1984; Ilmari Länsman et al. v. Finland, communication No. 511/1992; Jouni E. Länsman et al. v. Finland, communication No. 671/1995; Mahuika et al. v. New Zealand, communication No. 547/1993; Angela Poma Poma v. Peru, communication No. 1457/2006. Hunman Rights Committee, Angela Poma Poma v. Peru, communication No. 1457/2006, para. 7.6. Council of Europe Framework Convention on the Protection of National Minorities, art. 5. ILO Convention No. 169 concerning Indigenous and Tribal Peoples in Independent Countries, art. 5 (a). Ibid., art. 6.1.