A/HRC/30/53
A.
Human rights instruments
10.
Culture is one of the underlying pillars of the United Nations Declaration on the
Rights of Indigenous Peoples. The close relationship between the cultural rights of
indigenous peoples and their right to self-determination is reflected in article 3 of the
Declaration, which states that by virtue of their right to self-determination, indigenous
peoples may freely pursue their cultural development. The Declaration addresses the
tangible heritage, traditions and customs of indigenous peoples (art. 11); the spiritual and
religious traditions and customs of indigenous cultures (art. 12); their intangible heritage
(art. 13); and their right to uphold the dignity and diversity of their cultures and languages,
in relation to education and public information (arts. 14 and 15). More specifically,
regarding cultural heritage, the Declaration states that:
Indigenous peoples have the right to maintain, control protect and develop their
cultural heritage, traditional knowledge and traditional cultural expressions, as well
as the manifestations of their sciences, technologies and cultures, including human
and genetic resources, seeds, medicines, knowledge of the properties of fauna and
flora, oral traditions, literatures, designs, sports and traditional games and visual and
performing arts. They also have the right to maintain, control, protect and develop
their intellectual property over such cultural heritage, traditional knowledge, and
traditional cultural expressions. (art. 31)
11.
The Declaration upholds the rights of indigenous peoples to develop their own
cultures and customs, to the use and control of their ceremonial objects, not to be subjected
to destruction of their cultures or to discrimination on cultural grounds, and to redress
mechanisms for action that deprives them of their cultural values.
12.
The International Labour Organization Indigenous and Tribal Peoples Convention
(No. 169) contains a number of provisions relating to the cultural heritage of indigenous
peoples. Drawing attention to the distinctive contributions of indigenous peoples to the
cultural diversity of humankind (preamble), the Convention requires Governments to
promote and safeguard the cultures of indigenous peoples through special measures (arts. 2
and 4), and to recognize and protect their cultural values and practices (art. 5).
Governments are required to respect and safeguard the cultural and traditional values of
indigenous peoples and (art. 13) their use and management of the land and natural resources
(arts. 14 and 15), and ensure that the traditional activities of indigenous peoples are
strengthened and promoted (art. 23). Governments are required to consult with and ensure
the effective participation of indigenous peoples at all levels of decision-making in
political, legislative and administrative bodies and processes which may affect them
directly, including their cultural development, and ensure that studies are carried out to
assess, inter alia, the cultural impact of development activities on indigenous peoples
(arts. 6 and 7).
13.
The right of access to and enjoyment of cultural heritage forms part of international
human rights law (A/HRC/17/38, para. 78). A number of international human rights
instruments provide the legal basis for the right of access to and enjoyment of cultural
heritage, including the Universal Declaration of Human Rights (art. 27), the International
Covenant on Economic, Social and Cultural Rights (art. 15) and the International Covenant
on Civil and Political Rights (art. 27). The obligation to respect the right to take part in
cultural life “includes the adoption of specific measures aimed at achieving respect for the
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