t h e p r o t e c t i o n o f h u m a n r i g h t s
295
and does not define the concept of minorities.
168
Nevertheless, the UN
Human Rights Committee has taken the opportunity to consider the is-
sue in discussing states’ reports, individual petitions and in a General
Comment. In commenting upon states’ reports made pursuant to the In-
ternational Covenant, the Committee has made clear, for example, that
the rights under article 27 apply to all members of minorities within
a state party’s territory and not just nationals,
169
and it has expressed
concern with regard to the treatment of minorities within particular
states.
170
In the
Lovelace
case,
171
the Committee decided that there had been a
violation of article 27 with regard to an Indian woman who, by having
married a non-Indian, had lost her rights by Canadian law to reside on the
Tobique Reserve, something which she wished to do upon the collapse of
her marriage. The Committee noted that statutory restrictions affecting
the right to residence on a reserve of a person belonging to the minority
concerned had to have both a reasonable and objective justification and
be consistent with the other provisions of the Covenant read as a whole.
This had not been the case. There was no place outside the reserve where
her right to access to her native culture and language could be conducted
in community with other members of the minority in question.
In the
Kitok
case,
172
the Committee took the view with regard to a
petition by a member of the Sami community in Sweden that where the
regulation of economic activity was an essential element in the culture
168
Attempts to define minorities have invariably focused upon the numerically inferior
numbers of minorities and their non-dominant position, the existence of certain objec-
tive features differentiating them from the majority population (e.g. ethnic, religious or
linguistic) coupled with the subjective wish of the minority concerned to preserve those
characteristics. See e.g. Shaw, ‘Definition of Minorities’, and the Capotorti Report, p. 96.
See also Council of Europe Assembly Recommendation 1255 (1955), H/Inf (95) 3, p. 88.
Note that the Human Rights Committee in the
Ballantyne
case held that English-speaking
citizens in Quebec did not constitute a minority since the term ‘minority’ applied to the
whole state and not a part of it, 14 HRLJ, 1993, pp. 171, 176.
169
See e.g. comments upon Norway’s third periodic report, A/49/40, p. 23 and Japan’s
third periodic report,
ibid.
, p. 25. See also Joseph
et al.
,
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