members of minorities to enjoy their own culture, to profess
and practise their religion, or to use their own language in
community with other members of their group are certainly
of a unique character given the silence on the minority issue
in the previous UN human rights instruments. The phrase ‘in
community with the other members of their group’ surely
envisages the right-bearer in the context of a group.
Nevertheless, the right-bearers are definitely the individual
members of the groups, not the group as such, very much in
conformity with the dominant philosophy – liberal
individualism – of the UN regime. It was necessary, according
to Capotorti, for three reasons: historical continuity,
maintaining coherence with the overall individualist tone of
the Covenant, and lastly and perhaps most importantly,
mitigating the threat to territorial integrity and political
independence of existing States as well as upholding the
individual freedom of voluntary assimilation.25
Political participation, including the right to join a political
party and the right to vote are also guaranteed in the
Covenant. Article 25 establishes the right for everyone to
take part in the running of public affairs of his or her country.
With this provision, the ICCPR makes clear that State
authorities require some sort of democratic legitimacy. In
any society, democratic practice largely depends on the
25
30
Francesco Capotorti, Study on the Rights of Persons Belonging to E Article 19 of
the ICCPR.thnic, Religious or Linguistic Minorities (1977), UN Doc E/CN4/Sub
2/384/Rev1, 35.