A/HRC/30/53 indigenous peoples had not even seen the submitted nomination documents, which had not been made publicly available.26 V. Specific issues relating to the rights of indigenous peoples with respect to their cultural heritage A. Lands, territories and cultural heritage 52. Access to and use of lands, territories and the environment are essential elements of cultural heritage for many indigenous peoples. The connection between land rights and cultural heritage is strongly embedded in international legal instruments and in international jurisprudence. Many human rights institutions have highlighted that ownership, control and management of their ancestral territories constitutes an essential element of the cultural heritage of indigenous peoples.27 The Committee on Economic, Social and Cultural Rights calls on States to “respect the rights of indigenous peoples to their culture and heritage and to maintain and strengthen their spiritual relationship with their ancestral lands and other natural resources traditionally owned, occupied or used by them, and indispensable to their cultural life.”28 53. Both the African Commission on Human and Peoples’ Rights and the InterAmerican Court of Human Rights have given prominence to the importance of land and territorial rights in their decisions, emphasizing that land rights constitute a foundation for the cultural integrity of indigenous peoples, including their rights to culture, religion, health, development and natural resources. 29 Both recognize the spiritual value that indigenous peoples attach to their territories as part of their cultural heritage. The protection of sacred sites is a key element of indigenous peoples’ territorial rights, and therefore of their cultural heritage. 54. Lack of recognition of indigenous peoples’ land rights and their relationships with their territories negatively affects their right to enjoy, access and promote their cultural heritage. As such, no policy or legislation can adequately address the cultural heritage of indigenous peoples without recognizing their fundamental rights to their lands and territories. 55. The establishment of World Heritage sites, or other forms of protected areas can have a negative impact on indigenous peoples because, often, their ancestral rights over their lands and territories are not respected or protected. In many nature-protected areas, including areas inscribed on the World Heritage List, narrow restrictions are imposed on traditional practices and activities, such as hunting, gathering, farming or animal husbandry, in violation of the cultural and subsistence rights of indigenous peoples. To be included on the World Heritage List, sites must be of “outstanding universal value”, a concept which can lead to management frameworks that prioritize the protection of those heritage aspects 26 27 28 29 14 Joint statement on continuous violations of the principle of free, prior and informed consent in the context of UNESCO’s World Heritage Convention, endorsed by over 70 indigenous organizations and NGOs, submitted to the World Heritage Committee in May 2011. Jérémie Gilbert, “Indigenous peoples’ heritage and human rights”, S. Disko and H. Tugendhat (eds.), World Heritage Sites and Indigenous Peoples’ Rights (see footnote 25 above). General comment No. 21 (2009), para. 49 (d). Inter-American Court of Human Rights, Mayagna (Sumo) Awas Tingni Community v. Nicaragua, para. 149; and African Commission on Human and Peoples’ Rights, Centre for Minority Rights Development and Minority Rights Group International on behalf of Endorois Welfare Council v. Kenya, para. 16.