A/HRC/30/53 III. Overview of the jurisprudence on rights relating to cultural heritage A. Human rights treaty bodies 25. Article 27 of the International Covenant on Civil and Political Rights protects the cultural rights of indigenous peoples. In its general comment No. 23 (1994), the Human Rights Committee observed that “culture manifests itself in many forms, including a particular way of life associated with the use of land resources, especially in the case of indigenous peoples” (para. 7). With regard to the relationship between land and cultural rights, the approach is that, where land is of central significance to the sustenance of a culture, the right to enjoy one’s culture requires the protection of land5 and the recognition of land rights for indigenous peoples, as reiterated in several concluding observations and individual communications of the Committee. Avoiding the danger of adopting an overly rigid or “frozen” approach to the definition of cultural activities, the Committee has consistently underlined that indigenous peoples who have adapted their methods of carrying out traditional activities over the years and have incorporated the use of modern technology are not prevented from invoking protection under the Covenant.6 26. The Committee on Economic, Social and Cultural Rights has been particularly proactive in recognizing the cultural rights of indigenous peoples.7 In its general comment No. 21, the Committee noted that: Indigenous peoples have the right to act collectively to ensure respect for their 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, literature, designs, sports and traditional games, and visual and performing arts. (para. 37) 27. The Committee has also expressed concern about the lack of adequate protection for and information on the intellectual property rights and cultural heritage of indigenous peoples (E/C.12/RUS/CO/5, para. 34) and the restrictions to land and resources and the lack of involvement of indigenous peoples in decision-making processes regarding land rights, which pose a threat to the realization of their cultural life (E/C.12/TZA/CO/1-3, para. 29). 28. The Committee on the Elimination of Racial Discrimination made a direct connection between the cultural rights and land rights of indigenous peoples, and between their language and cultural heritage.8 It recommended that States parties respect indigenous culture, history, language and way of life as an enrichment of the State’s cultural identity (CERD/C/IDN/CO/3, para. 16). 5 6 7 8 8 Jérémie Gilbert, Indigenous Peoples’ Land Rights under International Law: From Victims to Actors (Ardsley, New York, Transnational Publishers Inc., 2006), p. 115. See, for example, Human Rights Committee, communication No. 511/1992, Länsman et al. v. Finland, Views adopted on 26 October 1994, para. 9.3. See the Committee’s general comments No. 17 (2005) and No. 21 (2009). Committee on the Elimination of Racial Discrimination, general recommendation No. 23 (1997), para. 3.