A/HRC/30/53 I. Introduction 1. In its resolution 27/13, the Human Rights Council requested the Expert Mechanism on the Rights of Indigenous Peoples to prepare a study on the promotion and protection of the rights of indigenous peoples with respect to their cultural heritage, including through their participation in political and public life, and to present it to the Council at its thirtieth session. 2. The Expert Mechanism called for submissions from States, indigenous peoples, nonState actors, national human rights institutions and other stakeholders to inform the study. The submissions received are, where permitted, available on the website of the Expert Mechanism.1 The study also benefited significantly from presentations made at the Expert Seminar on Indigenous Peoples’ Rights with Respect to their Cultural Heritage (Rovaniemi, Finland, 26 and 27 February 2015), organized by the Office of the United Nations High Commissioner for Human Rights and the University of Lapland. The Expert Mechanism appreciates the submissions and is informed by them. 3. Although the Expert Mechanism has not specifically addressed the issue of cultural heritage, it has given significant attention to the cultures of indigenous peoples (A/HRC/21/53). The present study offers a comprehensive overview of the international legal framework and jurisprudence regarding the rights of indigenous peoples with respect to their cultural heritage and addresses specific aspects of those rights. A. Concept of cultural heritage 4. The term “cultural heritage” has evolved considerably in recent decades. While previously referring exclusively to the monumental remains of cultures, “cultural heritage” has gradually come to include new categories; in particular, more emphasis has been put on intangible cultural heritage. The 2003 Convention for the Safeguarding of the Intangible Cultural Heritage defines intangible cultural heritage as “the practices, representations, expressions, knowledge, skills — as well as the instruments, objects, artefacts and cultural spaces associated therewith — that communities, groups and, in some cases, individuals recognize as part of their cultural heritage” (art. 2). There is also increasing recognition of the relationship between communities and cultural heritage. The Council of Europe Framework Convention on the Value of Cultural Heritage for Society defines cultural heritage as “a group of resources inherited from the past which people identify, independently of ownership, as a reflection and expression of their constantly evolving values, beliefs, knowledge and traditions. It includes all aspects of the environment resulting from the interaction between people and places through time” (art. 2). 5. As noted by the Special Rapporteur in the field of cultural rights, although no uniform definition exists, several international instruments and a number of references relating to traditional knowledge and traditional cultural expressions provide useful guidance for defining what is usually understood as cultural heritage. Noting that no list is exhaustive, the Special Rapporteur referred to cultural heritage as “tangible heritage (e.g. sites, structures and remains of archaeological, historical, religious, cultural or aesthetic value), intangible heritage (e.g. traditions, customs and practices, aesthetic and spiritual beliefs; vernacular or other languages; artistic expressions, folklore) and natural heritage (e.g. protected natural reserves; other protected biologically diverse areas; historic parks and gardens and cultural landscapes)” (A/HRC/17/38 and Corr.1, para. 4). She added that 1 See www.ohchr.org/EN/Issues/IPeoples/EMRIP/Pages/Studyonculturalheritage.aspx. 3