18. The comment of the Committee on Economic, Social, and Cultural Rights of the United Nations regarding the right to benefit from the protection of the moral and material interests resulting from scientific, literary or artistic productions, also belongs to the indigenous peoples in their capacity as collective subjects, and not only to their members as individual subjects of rights. 24 19. Subsequently and in this regard also, in its General Comment No. 21 of 2009, the said Committee interpreted that the term “everyone” contained in Article 15(1)(a) of the International Covenant on Economic, Social, and Cultural Rights: 25 “May denote the individual or the collective; in other words, cultural rights may be exercised by a person (a) as an individual, (b) in association with others, or (c) within a community or group, as such.” 26 b. Inter-American legal doctrine 20. Even inter-American legal doctrine inclines towards this universal trend, as revealed by Article II(1) of the above-mentioned draft of the American Declaration on the Rights of Indigenous Peoples, when it stipulates that: “Indigenous peoples have the right to the full and effective enjoyment of the human rights and fundamental freedoms recognized in the Charter of the OAS, the American Declaration of the Rights and Duties of Man, the American Convention on Human Rights, and other international human rights law; and nothing in this Declaration shall be construed as in any way limiting or denying those rights or authorizing any action not in accordance with the instruments of international law including human rights law.” 21. This concept is reiterated in Article XVIII(2) of the draft, when it notes that: “Indigenous peoples have the right to the recognition of their property and ownership rights with respect to lands, territories and resources they have historically occupied, as well as to the use of those to which they have historically had access for their traditional activities and livelihood.” 22. In turn, the above-mentioned comments of the Inter-American Juridical Committee on the recently cited draft, indicate, in paragraph 3(6), that: “There is no doubt that the indigenous peoples and their members have the right to full and effective enjoyment of the human rights recognized universally, and the Declaration must reaffirm this […]” 24 General Comment 17, paras. 7, 8, and 32. 25 Article 15 “1. The States Parties to the present Covenant recognize the right of everyone: a) To take part in cultural life; b) To enjoy the benefits of scientific progress and its applications; c) To benefit from the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author. 2. The steps to be taken by the States Parties to the present Covenant to achieve the full realization of this right shall include those necessary for the conservation, the development and the diffusion of science and culture. 3. The States Parties to the present Covenant undertake to respect the freedom indispensable for scientific research and creative activity. 4. The States Parties to the present Covenant recognize the benefits to be derived from the encouragement and development of international contacts and co-operation in the scientific and cultural fields.” 26 General Comment 21, para. 9. 5

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