A/HRC/30/53
cultural heritage should be understood as resources enabling the cultural identification and
development processes of individuals and communities which they, implicitly or explicitly,
wish to transmit to future generations (ibid., para. 6). Cultural heritage also includes
traditional knowledge and cultural expressions.
B.
Indigenous peoples and cultural heritage
6.
Indigenous peoples’ cultural heritage includes tangible and intangible manifestations
of their ways of life, world views, achievements and creativity, and should be considered an
expression of their self-determination and their spiritual and physical relationships with
their lands, territories and resources. While the notion of heritage encompasses traditional
practices in a broad sense, including language, art, music, dance, song, stories, sports and
traditional games, sacred sites, and ancestral human remains, for indigenous peoples the
preservation of heritage is deeply embedded and linked to the protection of traditional
territories. Indigenous cultural heritage is a holistic and inter-generational concept based on
common material and spiritual values influenced by the environment. 2 It also includes biocultural heritage and traditional food production systems such as rotational farming,
pastoralism, artisanal fisheries and other forms of access to natural sources. 3
7.
Taking into account the various understandings of culture and cultural heritage, the
Expert Mechanism proposed the following:
Indigenous peoples’ cultures include tangible and intangible manifestations of their
ways of life, achievements and creativity, and are an expression of their selfdetermination and of their spiritual and physical relationships with their lands,
territories and resources. Indigenous culture is a holistic concept based on common
material and spiritual values and includes distinctive manifestations in language,
spirituality, membership, arts, literature, traditional knowledge, customs, rituals,
ceremonies, methods of production, festive events, music, sports and traditional
games, behaviour, habits, tools, shelter, clothing, economic activities, morals, value
systems, cosmovisions, laws, and activities such as hunting, fishing, trapping and
gathering. (A/HRC/21/53, para. 52)
8.
It is important to acknowledge that the traditional categorization of heritage as
“tangible”, “intangible”, and “natural” demonstrates its limitations: tangible heritage carries
out meanings, while intangible heritage is often embodied in specific objects. This
categorization is particularly inappropriate in the case of indigenous peoples. It is important
to adopt a holistic approach to cultural heritage and acknowledge that the rigid legal regime
of protection for cultural heritage could be problematic for indigenous peoples.
II. Review of the international legal framework on the rights of
indigenous peoples with respect to their cultural heritage
9.
Standards relating to the cultural heritage of indigenous peoples are dispersed in
several international regimes, in particular in human rights instruments, United Nations
Educational, Scientific and Cultural Organization (UNESCO) instruments, intellectual
property treaties and the international environmental law and policy regime.
2
3
4
See the submission from the Asia Indigenous Peoples’ Pact.
See the submission from the International Indian Treaty Council.