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.
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