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