A/59/258
42. From a historical perspective, however, State policies have not always
recognized or protected the languages spoken by indigenous peoples or linguistic
minorities. On the contrary, the intention of official linguistic, educational and
cultural policies has often been the assimilation of such groups into the national
mainstream, thus leading to language and culture loss. In Canada, the bitter memory
of “residential schools” did much to destroy the cultural identity of the First Nations
for at least an entire generation. Similar situations exist in the Latin American
countries. More recently, there has been an awareness that such processes violate the
human rights of members of the affected language communities.
43. Nowadays, in some countries indigenous languages are recognized as national
languages, at least in the regions in which they are widely used, and sometimes they
have been accorded official status of some kind. In other cases, they may no longer
be actually prohibited, but merely tolerated as a private medium of communication
without being accorded any official status. Article 30 of the Convention on the
Rights of the Child is clear: “In those States in which ethnic, religious or linguistic
minorities or persons of indigenous origin exist, a child belonging to such a minority
or who is indigenous shall not be denied the right, in community with other
members of his or her group, to enjoy his or her own culture, to profess and practise
his or her own religion, or to use his or her own language.” The United Nations
Educational, Scientific and Cultural Organization (UNESCO) is currently preparing
a convention on the diversity of cultural contents and artistic expressions which will
reaffirm these rights.
44. The denial of the right to practice one’s own culture, religion or language may
take many forms. Often, when the social and institutional environment is
unfavourable to the preservation and development of indigenous cultures and
languages, this right is in fact denied even when there is no formal prohibition or
restriction involved. The use of the mother tongue in education and public
communications is an important issue in the definition of the human rights of
indigenous peoples. Bilingual and intercultural education has become educational
policy for indigenous communities in many parts of the world.
45. The idea of multicultural or intercultural education raises certain difficulties
because it involves not only local schools, but also regional and national school
systems and the educational philosophy of any country where there are indigenous
peoples. The notion of multicultural and intercultural education leads to a complete
review of educational contents and methods in countries where it is applied. It
basically means that the cultural diversity of the country is reflected in the
curriculum and the preservation and promotion of cultural diversity become an
objective compatible with democratic governance and the enjoyment of human
rights by all. In some cases, this approach will require the revision of traditional
ideas held by majority or dominant cultural groups about national culture and
identity. Indigenous peoples’ organizations often need to remind the world that their
own cultural specificities are also contributions to a universal culture and not mere
relics of a disappearing past. The rights of indigenous peoples to culture and
education (the whole gamut of cultural rights, in fact) include the right to the
enjoyment and protection of their own cultures in a wider, multicultural world.
46. The preservation of indigenous cultures (including tangible and intangible
elements, arts and artefacts, traditions, knowledge systems, intellectual property
rights, ecosystem management, spirituality and so on) is an essential component of a
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