A/HRC/48/75 10. Cultural self-determination, as one of the four main pillars of article 3, also includes language, ceremonial and cultural heritage, spirituality and sports rights, and its meaning is expanded upon throughout the Declaration (arts. 11–16, 31 and 34). The Committee on Economic, Social and Cultural Rights characterizes culture as a broad, inclusive concept encompassing all manifestations of human existence, among other things ways of life, language, customs and traditions through which individuals, groups of individuals and communities express their humanity and the meaning they give to their existence, and build their world view representing their encounter with the external forces affecting their lives. For the Committee, the right to take part in cultural life is also interdependent on other rights enshrined in the International Covenant on Economic, Social and Cultural Rights, including the right of all peoples to self-determination.13 The Human Rights Committee, in interpreting article 27 of the International Covenant on Civil and Political Rights, has expressed the positive duties incumbent on States to protect indigenous peoples’ cultural rights and the requirement to interpret the right to culture consistently with the right to self-determination in the context of indigenous peoples’ issues.14 While there are references to ceremonies and spirituality in the United Nations Declaration on the Rights of Indigenous Peoples, the American Declaration on the Rights of Indigenous Peoples contains a formal recognition of indigenous spirituality. 11. Language rights are integral elements of the right to self-determination. 15 The Committee on Economic, Social and Cultural Rights has stressed that indigenous languages are a paramount part of cultural rights and are also a key factor for the enjoyment of all economic, social and cultural rights. 16 The Committee urged States parties to take all measures necessary to promote and protect indigenous languages and to ensure that indigenous peoples could practice their languages without discrimination, and reiterated the need to urgently recognize indigenous languages and facilitate their active presence in education systems, including, when feasible, education of and in those languages.17 12. Article 4 is particularly significant, given that it explicitly refers to the exercise of the right to self-determination in the related context of autonomy and self-government. Autonomy, as defined by the Special Rapporteur on the rights of indigenous peoples, is the power that indigenous peoples have to organize and direct their lives, according to their own values, institutions and mechanisms, within the framework of the State of which they are part.18 Indigenous peoples’ collective right to self-governance is also addressed in article VI of the American Declaration on the Rights of Indigenous Peoples. There are many references in the United Nations Declaration on the Rights of Indigenous Peoples, in addition to articles 3 and 4, relating to indigenous peoples’ right to their own institutions, to administer their autonomy and self-governance and to participate fully, if they so choose, in the political, economic, social and cultural life of the State (arts. 5, 18, 20 and 34). 13. Self-determination is exercised as a collective right belonging to the indigenous group, membership of which is based on self-identification and collective acceptance of group members without discrimination.19 The Declaration attests to indigenous peoples’ right to belong to an indigenous community or nation (art. 9) and to determine their own identity or membership, in accordance with their traditions and customs (art. 33). Recently, the Committee on Economic, Social and Cultural Rights urged a State to adopt a law recognizing indigenous peoples on the basis of self-identification and protecting their rights, including the right to ownership of the lands that they traditionally occupy or use as sources of livelihood and the respect for their free, prior and informed consent in decision-making 13 14 15 16 17 18 19 4 Committee on Economic, Social and Cultural Rights, general comment No. 21 (2009). See Mahuika and others v. New Zealand, (CCPR/C/70/D/547/1993). See E/C.19/2008/3. See E/2020/22–E/C.12/2019/32. Ibid. As quoted in the submission from the national human rights institution of El Salvador. Marc Weller, chapter 5, “Self-determination of indigenous peoples”; E/C.19/2004/2; www.un.org/esa/socdev/unpfii/documents/session_10_crp_5.pdf; Sanila-Aikio v. Finland (CCPR/C/119/D/2668/2015); Lovelace v. Canada, communication No. 24/1977; and see www.ohchr.org/EN/Issues/IPeoples/EMRIP/Pages/RequestsUnderNewMandate.aspx.