A/HRC/30/53
distributed equally. This is certainly not an isolated situation. It is essential that benefitsharing mechanisms be established in cases of tourism development on indigenous
territories.
61.
Misappropriation of the cultural heritage of indigenous peoples by the tourism
industry is another issue. For example, the Saami costume, a symbol of the cultural heritage
of the Saami people, is misused in many ways by the tourism industry in Finland. Gift
shops often sell handicrafts with Saami designs that are not produced by indigenous crafters
or use traditional Saami styles and colours in products that are in no way related to Saami
culture. Imitations of the Saami costume are also often misused in tourism as employees’
uniforms.31 Such misappropriation of indigenous peoples’ cultural heritage by the tourism
industry has detrimental effects on their identity and self-image. It is important that States
monitor the tourism industry to ensure the protection of the cultural heritage of indigenous
peoples.
D.
Sports and traditional games
62.
Sports and traditional games have been recognized as integral parts of the rights of
indigenous peoples to maintain, control, protect and develop their cultural heritage,
traditional knowledge and traditional cultural expressions, as affirmed in article 31 of the
Declaration. This right to sports and traditional games has been explicitly recognized by the
Permanent Forum on Indigenous Issues, in the report on its fourth session (E/2005/43).
63.
The benefits and value of sports and traditional games, which are also alluded to in
the Convention on the Rights of the Child, are an important component in ensuring that
indigenous peoples are able to freely determine and pursue their cultural development as
part of their right to self-determination, as set out in articles 3 and 5 of the Declaration.
64.
The Mato Grosso Declaration, adopted at the Second International Sports Congress
held in Cuiabá, Brazil, from 9 to 16 November 2013, called on States and governments to
join indigenous peoples in partnership and mutual respect in implementing their right to
self-determination through sports and traditional games as well as the manifestations of
their traditional knowledge and cultural expressions (A/HRC/EMRIP/2014/CRP.2, annex,
para. 2).
VI. Cultural appropriation, restitution and repatriation
A.
Cultural misappropriation and interpretation
65.
Many indigenous peoples are affected by the misappropriation of their cultural
heritage, which may take many forms, including commodification, the use of indigenous
peoples’ imagery and symbols in marketing, and the misappropriation of traditional songs.
A recent settlement included the requirement to recognize the indigenous composer of the
Maori haka (tribal war dance) whenever it is used in public or commercial situations. 32
66.
Cultural misinterpretation is another issue that negatively impacts the cultural
heritage of indigenous peoples. This occurs when visitor centres, interpretive signage,
31
32
16
See the submission from the Saami Parliamentary Council of Finland; and the presentation by
Piia Nuorgam, Expert Seminar on Indigenous Peoples’ Rights with Respect to their Cultural Heritage,
2015.
See the submission from the New Zealand Human Rights Commission.