A/HRC/30/53 information brochures, guided tours or audio guides on cultural or natural heritage sites do not provide correct information regarding indigenous peoples’ cultural or natural heritage or do not reflect their particular interpretation of the cultural or natural heritage in question. 67. Museums are regarded as sources of education and cultural understanding. In particular, museums provide a space for displaying artefacts and objects that represent particular events and the relationship between indigenous and non-indigenous peoples. For example, the National Museum of the American Indian and the Canadian Museum for Human Rights, among others, display original copies of treaties signed between the Government of Canada, the British Crown, the Government of the United States of America and indigenous peoples. The significance of those displays is the vital role of spirituality and the cultural ceremony of treaty-making. Museums are an important space for the promotion and appreciation of indigenous cultural heritage. The Sámi Museum Siida is an example of how museums that are managed by indigenous peoples themselves play a key role in the preservation, promotion and transmission of cultural heritage. 33 68. However, museums often contribute to the misappropriation of the cultural heritage of indigenous peoples. Many museums, both private and public, hold and display the cultural heritage of indigenous peoples without the consent of the peoples concerned. For example, the Swedish National Museum of Ethnography currently holds a ceremonial deer head (Maaso Kova), a sacred item of the highest spiritual and cultural significance for the Yaqui Nation, used in the Yaqui Deer Dance ceremony. Despite many official requests for restitution, the museum authorities have refused to return the deer head.34 Unfortunately, this is not an isolated situation. Many cultural items and human remains of indigenous peoples are held by public museums and by private collectors worldwide, without the free, prior and informed consent of the peoples concerned. B. Restitution and repatriation 69. The right to redress and restitution where violations of the rights of indigenous peoples have occurred is a foundational element to ensuring reconciliation and the future commitment to protecting the rights of indigenous peoples. Under human rights law, there is a strong principle in favour of restitution when a violation has occurred. The Declaration affirms that “States shall provide redress through effective mechanisms, which may include restitution, developed in conjunction with indigenous peoples, with respect to their cultural, intellectual, religious and spiritual property taken without their free, prior and informed consent or in violation of their laws, traditions and customs” (art. 11). 70. The establishment and management of protected cultural heritage sites have often resulted in indigenous peoples’ dispossession of and alienation from their traditional lands and resources. In such cases, indigenous peoples are entitled to restitution of their ancestral lands. The right to restitution of land and territories obtained without their consent constitutes a key component of indigenous peoples’ rights. 35 71. The repatriation of the cultural heritage of indigenous peoples is an important aspect of such restitution. The ancient burial grounds of many indigenous communities have been disrespected and the communities concerned have asked for the repatriation of human 33 34 35 Presentations by Päivi Magga and Eija Ojanlatva, Expert Seminar on Indigenous Peoples’ Rights with Respect to their Cultural Heritage, 2015. See the submission from the International Indian Treaty Council. Committee on the Elimination of Racial Discrimination, general recommendation No. 23 (1997), para. 5. 17