A/77/514
treating them as sentient beings.94 Removing these items from indigenous communities, land,
and spiritual leaders may break their relationship with attached spirits 95 or risk "spirituallycaused illnesses" that persist through future generations. 96 Plundered by colonizers,
displayed as curiosities, and even utilized to justify pseudo-scientific racist theories about
indigenous peoples, it is reported that over one million indigenous ancestral remains and
cultural items still reside in repositories worldwide.97 Interlocutors emphasize that public
display of such objects may inflict spiritual and physical harm, damaging its spiritual essence
and relationship with indigenous peoples, particularly where there are inappropriate
preservation methods, untrained staff, and breaches of cultural secrecy.
40.
Yet States, museums, other cultural institutions, and private collectors often express
reluctance to repatriate ceremonial objects and remains, prioritizing proprietary "ownership"
or scientific/historical value over indigenous rights. Interlocutors further report facing
temporal, financial, and legal hurdles for successful repatriation, such as many national laws
"limit[ing] deaccessioning" and enabling State justifications to set aside repatriation claims. 98
Article 11 UNDRIP emphasizes that indigenous peoples must enjoy effective redress and
restitution for spiritual property taken without FPIC.
41.
Recalling that educational institutions were historically sites for forced assimilation
and loss of cultural identity of indigenous peoples, restrictions on indigenous spiritual
practices within this context remain contentious. In the Middle East, North Africa, Tajikistan,
Vietnam, Mongolia, and Bolivia, interlocutors observe barriers to teaching their children
about indigenous spirituality. Barriers include mandatory religious education that promotes
"dominant," non-indigenous spiritual teachings without accessible opt-out options and a lack
of indigenous language options in schools. Some highlight primary and secondary schools
restrict indigenous students from donning traditional clothing and sacred symbols, including
eagle feathers.99
42.
EMRIP submits that appropriating indigenous peoples' cultural heritage causes
"spiritual, cultural, religious and economic harm." 100 In several regions, states and non-State
actors have reportedly commercialized indigenous spirituality –– fuelling derogatory
stereotypes and violating cultural secrecy or commercializing their sacred sites, practices,
and objects—including plants and their genetic material—without FPIC or sharing benefits
with traditional custodians. Food, pharmaceutical, tourism, and fashion industries are
amongst those implicated. "Folklorization," the re-stylizing of traditional expressions to
reduce aesthetic and semantic complexity for outside consumption, often homogenizes and
ignores the complex identities of indigenous peoples, including their spirituality. 101 For
instance, interlocutors observe that Kenya tourism material often treats "Maasai" as
shorthand for all indigenous peoples.
43.
Corporatized "cultural exchange" (especially given the speed and reach of the Internet
in driving globalization and following the colonial-induced loss of traditional knowledge)
might either homogenize indigenous voices or may magnify some while silencing others.102
Appropriation does not occur on equal playing fields, often perpetuating unremedied
histories of oppression and exploitation. Between 60% and 80% of "Aboriginal and Torres
Strait Islander," arts and crafts sold are created without their involvement or benefit
received.103
One interlocutor has described appropriation as "another form of
colonization,"104 taking from those who already had everything taken from them.
94
95
96
97
98
99
100
101
102
103
104
12
https://www.uctp.org/_files/ugd/2b292f_a11c68dabe624648be7a4e7b497dda7d.pdf,(pp.472-73)
A/HRC/45/35,(para.14); Submission-Pueblo of Acoma
Moiwana Community v. Suriname,(para.195).
Submissions-International Repatriation Project/Association on American Indian Affairs, and
International Indian Treaty Council (“IITC”).
A/HRC/45/35,(paras.18-19).
https://lakotalaw.org/news/2019-06-03/right-to-regalia
A/HRC/45/35,(para.38).
https://ich.unesco.org/doc/src/05297-EN.pdf,(p.6).
A/76/178,(paras.36,41).
https://www.pc.gov.au/inquiries/current/indigenous-arts/draft/indigenous-arts-draft.pdf.
https://www.creativespirits.info/aboriginalculture/arts/are-dot-paintings-traditional-aboriginal-art.