A/HRC/30/53
Annex
Expert Mechanism advice No. 8 (2015):
Promotion and protection of the rights of indigenous
peoples with respect to their cultural heritage
A.
General
1.
The cultural heritage of indigenous peoples is a holistic and inter-generational
concept based on common material and spiritual values and includes distinctive
manifestations in language, spirituality, membership, the arts, literature, traditional
knowledge, customs, rituals, ceremonies, methods of production, festive events, music,
sports and traditional games, behaviour, habits, tools, shelter, clothing, economic activities,
morals, value systems, cosmovision, laws and activities such as hunting, fishing, trapping
and gathering.
2.
The cultural heritage of indigenous peoples is comprised of all objects, sites, plants
and animal species, customs and practices, expressions, beliefs and knowledge, the nature
or use of which has been transmitted from generation to generation, and which are regarded
as pertaining to a particular people or its territory.
3.
The cultural heritage of indigenous peoples includes tangible and intangible
manifestations of their ways of life, achievements and creativity, and should be considered
an expression of their self-determination and of their spiritual and physical relationships
with their lands, territories and resources.
4.
The right of access to and enjoyment of cultural heritage forms part of international
human rights law and represents an important aspect of the rights of indigenous peoples,
including the right to take part in cultural life, the right to enjoy their own culture and the
right to self-determination. The right of indigenous peoples to self-determination implies
their right to maintain, control, protect and develop their own cultural heritage.
5.
The safeguard and development of the cultures of indigenous peoples require the
protection of their lands, territories and resources. Cultural rights entail rights to land and
natural resources, and imply an obligation to protect the cultural heritage of indigenous
peoples through the recognition of their rights to own, control and manage their ancestral
territories.
6.
Heritage policies, programmes and activities affecting indigenous peoples should be
based on full recognition of the inseparability of natural and cultural heritage, and the deepseated interconnectedness of intangible cultural heritage and tangible cultural and natural
heritage.
7.
For indigenous peoples, cultural and natural values are inseparably interwoven and
should be managed and protected in a holistic manner. It is imperative that all the
instruments that derive from such regimes and relate to the cultural heritage of indigenous
peoples are interpreted in the light of the United Nations Declaration on the Rights of
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