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jurisprudence, the Committee has in more recent years further confirmed that the
textual reading of this section of the treaty, consistent with the ordinary meaning of
the terms as provided for as a starting point in international law, would seem to
encapsulate fairly clearly what could be described as a working understanding or
definition of the concept of a minority.
47. It was, however, mainly from the 1990s on that the Committee began to adopt
views on an increasing number of communications involving article 27. This
permitted the Committee to produce by 1994 the following description in its general
comment of who it considered to be a member of a linguistic, religious or ethnic
minority:
5.1. The terms used in article 27 indicate that the persons designed to be
protected are those who belong to a group and who share in common a culture,
a religion and/or a language. Those terms also indicate that the individuals
designed to be protected need not be citizens of the State party. In this regard,
the obligations deriving from article 2 (1) are also relevant, since a State party
is required under that article to ensure that the rights protected under the
Covenant are available to all individuals within its territory and subject to its
jurisdiction, except rights which are expressly made to apply to citizens, for
example, political rights under article 25. A State party may not, therefore,
restrict the rights under article 27 to its citizens alone.
5.2. Article 27 confers rights on persons belonging to minorities which “exist”
in a State party. Given the nature and scope of the rights envisaged under that
article, it is not relevant to determine the degree of permanence that the term
“exist” connotes. Those rights simply are that individuals belonging to those
minorities should not be denied the right, in community with members of their
group, to enjoy their own culture, to practise their religion and speak their
language. Just as they need not be nationals or citizens, they need not be
permanent residents. Thus, migrant workers or even visitors in a State party
constituting such minorities are entitled not to be de nied the exercise of those
rights. As any other individual in the territory of the State party, they would,
also for this purpose, have the general rights, for example, to freedom of
association, of assembly, and of expression. The existence of an ethnic, religious
or linguistic minority in a given State party does not depend upon a decision by
that State party but rather must be established by objective criteria. 16
48. The above description of who is a minority can be summarized as involving the
following:
(a) The criteria are objective, factually based and not dependent on State
recognition;
(b) There is no subjective restriction, either in terms of desire to maintain
one’s identity or of being non-dominant in any particular area;
(c) All persons belonging to an ethnic, religious or linguistic minority in a
given State are included, regardless of their legal status or length of association with
a State. Citizenship or temporal association with the state need not be demonstrated;
(d) Individuals are the holders of rights under article 27, even if the interests
that are involved may be collective;
(e) The existence of an ethnic, religious or linguistic minority is not
determined by a State or dependent on some form of recognition. It is established by
objective criteria.
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Human Rights Committee general comment No. 23 (1994) on the rights of minorities.
19-11967