A/HRC/30/53 Indigenous Peoples, which is the most specific, representative and comprehensive instrument on indigenous cultural heritage. 44 8. Indigenous peoples have the right to redress when their cultural heritage is misappropriated without their free, prior and informed consent. This includes a right to repatriation and restitution. B. Advice for States 9. States should recognize the value and livelihood aspects of the cultural heritage of indigenous peoples, which is not limited to the protection of specific manifestations, symbols or objects, but also includes tangible and intangible manifestations of their ways of life, achievements and creativity, and of their spiritual and physical relationships with their lands, territories and resources. 10. Indigenous peoples should be consulted and enabled to actively participate in the whole process of identification, evaluation, classification, interpretation, preservation, safeguarding, monitoring, stewardship and development of their cultural and natural heritage. 11. States should revisit the draft Principles and guidelines for the protection of the heritage of indigenous peoples (E/CN.4/Sub.2/1995/26, annex), with a view to adopting them as an instrument to protect the cultural heritage of indigenous peoples. 12. In accordance with the United Nations Declaration on the Rights of Indigenous Peoples, States have the obligation to seek the free, prior and informed consent of indigenous peoples before adopting measures affecting their cultural or natural heritage. No inscription on lists of the United Nations Educational, Scientific and Cultural Organization (UNESCO) relating to the cultural or natural heritage of indigenous peoples or national lists or registers should be requested or granted without the free, prior and informed consent of the indigenous peoples concerned. 13. States need to legally recognize and protect the right of indigenous peoples to their lands, territories and resources through appropriate measures and policies, including declaring cultural heritage sites, sacred sites and other areas of spiritual significance to indigenous peoples as “no-go zones” for extractive industries, tourism development and other development projects which have not received the free, prior and informed consent of the indigenous peoples concerned. 14. States need to harmonize their national legislations based on the provisions of the Declaration and taking note of the outcome document of the World Conference on Indigenous Peoples (General Assembly resolution 69/2), and should develop national action plans for the protection and promotion of the cultural heritage of indigenous peoples. 15. In the case of cross-border indigenous peoples, bordering States should ensure the protection of cultural rights on an equal basis. 16. States should ensure that the benefits arising from the use of the lands, territories and resources of indigenous peoples’ as World Heritage sites are defined by and genuinely accrue to the indigenous peoples concerned, in a fair and equitable manner. 17. States should guarantee that indigenous peoples have available financial resources that effectively allow them to maintain, safeguard and protect their cultural heritage, 44 Presentations by Alexandra Xanthaki, Expert Seminar on Indigenous Peoples’ Rights with Respect to their Cultural Heritage, 2015. 21

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