A/77/514
74.
Indigenous peoples may face specific obstacles in effectively advocating or proving
violations of their freedom of religion or belief, including absent historical records amidst
colonization, "cultural secrecy," and the voluntary isolation of "uncontacted tribes,"
precluding their self-representation.196 Cultural secrecy can place indigenous peoples in a
"double bind"— forced to choose between revealing their spiritual practices to satisfy legal
standards in physically protecting an item or retaining this secrecy but losing access or
tolerating others damaging the item's spirituality. To claim land rights, indigenous people
must sometimes prove their unbroken connection to indigenous lands to the same State that
forcibly broke those connections. The Special Rapporteur has learned that indigenous
peoples may face other structural barriers in accessing the justice system, such as translating
spirituality into legally-actionable language, expensive and complex legal processes to
register traditional lands, and insufficient translators.
I.
Good practice
75.
Many indigenous peoples successfully develop and lead programmes to protect their
rights, including gender equality and freedom of religion or belief. In several States,
indigenous communities are revitalizing spiritual and cultural practices, particularly
engaging youth for cultural continuity and working directly to support resilience and recovery
of positive aspects of the past in contemporary contexts.197 In 2022, Katuaq Cultural Center,
Greenland, hosted a drum dance workshop with Inuit from across the Arctic and Polar
regions.198 Advocacy from EMRIP, IITC, and others has driven successful repatriations.199
In consultation with indigenous peoples, UNESCO developed a Global Action Plan for the
International Decade of Indigenous Languages (2022-2032), with several States embracing
the initiative.200 Several efforts to recognize indigenous culture in national calendars and
discourse are observable.201
76.
The Special Rapporteur welcomes legislative and policy reform to restore indigenous
peoples' access or use of their lands in accordance with their spiritual beliefs and practices.202
Ukraine,203 the Democratic Republic of the Congo,204 and Canada recently passed laws
recognizing indigenous peoples and their rights.205 Australia is reportedly committed to
implementing the Uluru Statement from the Heart. 206 Several indigenous peoples welcome
rights accorded to nature (e.g., India and New Zealand) but emphasize that related measures
must still fulfil FPIC. Some corporations uphold FPIC operationally, but their insufficient
practical implementation is concerning.207 Some State museums, universities, and collectors
196
197
198
199
200
201
202
203
204
205
206
207
https://www.oas.org/en/iachr/decisions/2014/ECAD422-06EN.pdf
E.g. Costa-Rica, India, Philippines, Russia, Suriname, Thailand, Uganda. Also
https://www.waterstones.com/book/a-world-you-do-not-know/colin-samson/9780957521001
https://www.cbc.ca/news/canada/north/nuuk-katuarpalaaq-drum-dancing-festival-1.6410671
Submission-Hui Iwi Kuamo.
https://en.unesco.org/idil2022-2032/globalactionplan; https://idil2022-2032.org/allresources/national-action-plan/
https://www.cnn.com/2022/06/23/world/new-zealand-matariki-mori-new-year-first-indigenousholiday-intl-hnk/index.html
E.g. https://parksaustralia.gov.au/uluru/discover/culture/uluru-climb/;
https://www.culturalsurvival.org/news/sacred-homelands-returned-wiyot-tribe
https://www.ecmi.de/infochannel/detail/ecmi-minorities-blognative-others-what-implications-doesthe-law-on-indigenous-peoples-have-for-ukraines-indigenous-population
https://www.clientearth.org/latest/latest-updates/news/how-the-republic-of-congo-s-new-forest-lawcan-help-preserve-world-s-second-lung/
https://www.canada.ca/en/department-justice/news/2022/06/statement-by-minister-lametti-on-thefirst-annual-/progress-report-on-the-implementation-of-the-united-nations-declaration-on-the-rightsof-indigeno.html
Submission-Australia.
https://www.iwgia.org/en/resources/publications/305-books/4419-the-un-guiding-principles-onbusiness-human-rights-and-indigenous-peoples-%E2%80%93-progress-achieved,-theimplementation-gap-and-challenges-for-the-next-decade.html
21