A/HRC/30/53 B. Special procedures of the Human Rights Council 29. The Special Rapporteur of the Sub-Commission on Prevention of Discrimination and Protection of Minorities, Erica-Irene Daes, conducted studies on the protection of the cultural and intellectual property of indigenous peoples (E/CN.4/Sub.2/1993/28) and on the protection of the heritage of indigenous peoples (E/CN.4/Sub.2/1995/26). The studies considered measures to strengthen respect for the cultural and intellectual property of indigenous peoples, and included the draft principles and guidelines for the protection of the heritage of indigenous peoples (E/CN.4/Sub.2/1995/26, annex), which set standards for governments to ensure that the heritage of indigenous peoples survives for future generations and continues to enrich the common heritage of humanity. 30. The Special Rapporteur in the field of cultural rights has made recommendations on the right of access to and enjoyment of cultural heritage for all persons, which are relevant to indigenous peoples (A/HRC/17/38). She underlined the need to build stronger relationships between cultural institutions and communities, including indigenous peoples, and to develop good practices (para. 16). 31. The Special Rapporteur on the rights of indigenous peoples has consistently addressed the issue of cultural heritage in thematic and country reports, documenting instances where indigenous peoples have had major concerns regarding the protection of their cultural heritage, such as the endangerment of their sacred places, heritage languages and cultures (A/HRC/21/47/Add.1, appendix II, para. 107), and the lack of control by indigenous peoples to establish their historical cultural heritage sites (A/HRC/15/37/Add.5, para. 64). The Special Rapporteur has highlighted how the cultural heritage of indigenous peoples could be put in jeopardy when extractive industries or large-scale developmental projects invade indigenous peoples’ territories,9 and the importance of education, particularly the role of indigenous languages, in the preservation of cultural heritage.10 In particular, the Special Rapporteur has drawn attention to the lack of inclusion and participation of indigenous peoples in the nomination and management of world heritage sites under the World Heritage Convention (A/67/301, paras. 33–42). C. Regional human rights institutions 32. Regional courts and human rights commissions have lent robust support to the rights of indigenous peoples to their cultural heritage. The Inter-American Commission on Human Rights and the Inter-American Court of Human Rights have firmly established that States should create effective mechanisms for titling and demarcating the lands, territories and resources of indigenous peoples in accordance with their customs, cultures and traditions.11 The Court has emphasized that the close relationship between indigenous peoples and their land must be recognized and understood as the fundamental base of their culture, spiritual life, integrity, economic survival and cultural preservation. 12 33. The African Commission on Human and Peoples’ Rights has also examined the right to cultural heritage as it applies to indigenous peoples. In the Endorois decision, the 9 10 11 12 A/HRC/21/47/Add.3, para. 69; A/HRC/18/35/Add.1, para. 10; A/HRC/15/37/Add.1, para. 242. E/CN.4/2005/88/Add.4, paras. 10 and 17; E/CN.4/2006/78/Add.4, para. 26; A/HRC/4/32/Add.4, para. 33. Inter-American Court of Human Rights, Mayagna (Sumo) Awas Tingni Community v. Nicaragua, judgement of 31 August 2001 (Series C, No. 79), para. 153. Inter-American Court of Human Rights, Yakye Axa Indigenous Community v. Paraguay, judgement of 17 June 2005 (Series C, No. 125), para. 131. 9