A/76/202
provided in their own language”. It follows therefrom that indigenous peoples livi ng
outside their communities also have the right to have access to an education in their
own culture and language, whenever possible. 2 Furthermore, the Convention on the
Rights of the Child, to which nearly every State is a party, sets out in article 30 t hat a
child who is indigenous shall not be denied the right, in community with other
members of his or her group, to enjoy his or her own culture, to profess and practise
his or her own religion or to use his or her own language.
10. In that regard, the International Covenant on Economic, Social and Cultural
Rights is also of importance, in particular in terms of the right to an adequate standard
of living (art. 11), the right to enjoyment of the highest attainable standard of physical
and mental health (art. 12) and the right to education (art. 13). Article 11 also
recognizes the right to adequate housing and protection against forced eviction, as
established in general comment No. 7 (1997) on forced evictions of the Committee
on Economic, Social and Cultural Rights. The Covenant also recognizes the right to
take part in cultural life (art. 15, para. 1 (a)). The Committee highlights the importance
of such a right for indigenous peoples as follows:
The decision by a person whether or not to exercise the right to take part in
cultural life individually, or in association with others, is a cultural choice and,
as such, should be recognized, respected and protected on the basis of equality.
This is especially important for all indigenous peoples, who have th e right to
the full enjoyment, as a collective or as individuals, of all human rights and
fundamental freedoms as recognized in the Charter of the United Nations, the
Universal Declaration of Human Rights and international human rights law, as
well as the United Nations Declaration on the Rights of Indigenous Peoples. 3
B.
Factors driving urbanization
11. In many parts of the world, indigenous peoples remain on their ancestral
territories in rural areas. Nonetheless, globalization is accelerating thei r migration to
urban centres. In some countries, the majority of indigenous peoples reside in cities. 4
While precise data are lacking, estimates by ILO suggest that approximately 69 per
cent of North American indigenous peoples live in urban areas, 17.9 p er cent of
African indigenous peoples, 27.2 per cent of Asian and Pacific indigenous peoples,
33.6 per cent of indigenous peoples in Europe and Central Asia and 52.2 per cent of
indigenous peoples from Latin America and the Caribbean. Globally, therefore,
estimates suggest that over one quarter of the world’s indigenous population lives in
urban areas. 5
12. Indigenous peoples may also find themselves residing in their traditional
territories that have transformed into metropolitan areas over time, resulting in their
urbanization and dispossession and loss of their ancestral lands. For example, the city
of Santa Cruz, Plurinational State of Bolivia, was inhabited by the Chané, Guarani
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2
3
4
5
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A/HRC/12/33, para. 33.
General comment No. 21 (2009) on the right of everyone to take part in cultural life, para. 7.
For example, Argentina, Australia, Chile, New Zealand, Norway, Panama, the United States of
America, and Venezuela (Bolivarian Republic of). See A/HRC/4/32, para. 65; Economic
Commission for Latin America and the Caribbean (ECLAC), Guaranteeing Indigenous People’s
Rights in Latin America: Progress in the Past Decade and Remaining Ch allenges – Summary
(Santiago, 2013), p. 56; A/HRC/EMRIP/2019/2/Rev.1, para. 13; A/74/183; and intervention by
the National Association of Friendship Centres (virtual consultation).
ILO, Implementing the ILO Indigenous and Tribal Peoples Convention No. 169: Towards an
Inclusive, Sustainable and Just Future (Geneva, 2020), p. 58.
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