E/CN.4/2002/97 page 21 favourable to multiculturalism, there are still numerous cases in which the cultures of indigenous peoples are under strong outside pressures to change, when they are not actually on the verge of extinction. 68. The idea of multiculturalism does not imply the artificial preservation of indigenous (or tribal) cultures in some sort of museum, but only the right of every human community to live by the standards and visions of its own culture. Certainly cultures change over time, but whether there will ever be one universal culture or any number of interrelated local, regional, ethnic and national cultures only time will tell. In human rights terms, it is clear that cultural rights pertain to every individual, yet these rights can only be fully enjoyed by all persons in community with other members of the group. Thus, indigenous peoples require guarantees that their cultures will receive the respect and consideration that other groups in society also enjoy, and that they will have the freedom to develop their cultural creativity in communion with other members of their group. At the international level, these issues have been taken up by UNESCO and WIPO with regard to the cultural heritage and intellectual property of indigenous peoples (see Introduction). 69. The cultural rights of indigenous peoples are also addressed in a number of national legislations, though not always with the clear intent of promoting and enhancing them. For example, in the Philippines, the Constitution includes several provisions concerning the rights of the “cultural communities”, and article IV states that “the State shall recognize, respect and protect the rights of indigenous cultural communities to preserve and develop their cultures, traditions, and institutions”. 70. It was pointed out above that indigenous cultures are closely linked to the concept of land rights and the occupation and possession of territorial homelands. A question frequently asked of indigenous peoples is whether their cultural identities can survive in a de-territorialized environment, that is, in dispersed settlements and urban centres where indigenous migrants live interspersed with non-indigenous populations. The answer to this question depends on the particular circumstances and is contingent on the specific definition of indigenous identity in each case (see below). It may be argued that to the extent that cultural rights are universal, they are not subject to any kind of territorial restriction. The right of any individual or group of individuals to preserve, practise and develop their own culture is not dependent upon territoriality but rather related to self-identification. The Special Rapporteur intends in the future to address the problems of indigenous social and cultural rights in a non-local environment. 71. How the linguistic, educational and cultural rights of indigenous peoples are being protected - or not - under varying circumstances is an empirical question that needs more comparative research. UNESCO has recommended that States take special measures to ensure the protection and promotion of indigenous cultures. The African Commission on Human and Peoples’ Rights has set out guidelines that require States to take specific measures aimed at the promotion of cultural identity and the “awareness and enjoyment of the cultural heritage of national ethnic groups and minorities and of indigenous sectors of the populations”.27 The Commission has established a working group on the rights of indigenous populations and communities and is also encouraging indigenous peoples of Africa, among other things, to apply for observer status at the African Commission, to bring communications before it for consideration, to lobby the members of the Commission who come from areas where there are indigenous peoples, as well as to urge the appointment of a special rapporteur of the African

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