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amateurs. 72 In its response, the Government does not address the issue from a human
rights perspective, misinterprets secularism as a justification for banning expressions
of religion or belief and discriminates indirectly against women wearing the hijab.
The Special Rapporteur also stresses the importance of respecting women’s and girls’
bodily autonomy and agency, as well as their free, informed choices, while firmly
rejecting any form of coercion or imposed modesty codes stemming from patriarchal
oppression.
82. Particular care must be taken to identify and address intersectional
discrimination, and it must be recognized that solutions may require additional
resources or novel answers. In all such responses, the voices of the persons affected
must prevail.
6.
Discrimination based on indigeneity: Indigenous rights to participate in sports
83. Indigenous Peoples have the right to participate in all sports without
discrimination, as well as the right to practice, maintain and develop their own sports.
Unfortunately, cultural barriers, discrimination, and socioeconomic marginalization
act as obstacles to the materialization of their rights. Language differences, cultural
norms related to gender roles and physical activity, and a lack of culturally relevant
sports programmes often hinder participation in grass-roots sports. Those hindrances
lead to the absence of Indigenous representation in coaching, sports management and
leadership positions, often also maintained because of stereotypes, and limit
mentorship and role models for Indigenous youth.
84. Traditional Indigenous sports and games, deeply rooted in traditional cultures,
play a crucial role in preserving and transmitting traditions to future generations, but
are often lacking in support and resources. Featuring Indigenous sports in general
sports programmes fosters a strong sense of cultural identity and pride, particularly
among youth, and the success of Indigenous athletes can inspire communities,
challenge stereotypes and promote positive representations of Indigenous cultures.
Colombian national sports programmes, for example, include traditional games and
martial arts of Afro-Colombian and Indigenous communities, such as lucha libre
(traditional wrestling).
85. Increasing Indigenous involvement in sports should be framed by consent and
respect, involving the free, prior and informed consent and leadership of Indigenous
communities. Engaging in meaningful collaboration ensures respectful and accurate
representation, which is particularly important for the use of Indigenous symbols,
imagery and names in sports. The use of such cultural resources without consent, as
well as the commercial use of cultural symbols without economic benefit to the
communities concerned, constitute cultural misappropriation, perpetuating
stereotypes and commodifying Indigenous cultures. Direct compensation,
scholarships and community development funds are good examples of benefit-sharing
with Indigenous communities.
86. The appropriate use of Indigenous symbols and names in sports can honour and
celebrate Indigenous cultures, enhancing visibility and appreciation, as in the case of
performances of the haka, a traditional Māori war dance, by the New Zealand national
rugby team. 73
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72
73
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See communication AL FRA 13/2023 (27 October 2023) and the response of the Government of
France (22 December 2023). See also Amnesty International, “France: ‘We can’t breathe
anymore. Even sports, we can’t do them anymore’. Violations of Muslim women’s and girls’
human rights through hijab bans in sports in France”, 16 July 2024 (available at
www.amnesty.org/en/documents/eur21/8195/2024/en/).
See www.newzealand.com/int/feature/haka/.
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