E/C.12/GC/21
the right to their cultural diversity, traditions, customs, religion, forms of education,
languages, communication media (press, radio, television, Internet) and other
manifestations of their cultural identity and membership.
33.
Minorities, as well as persons belonging to minorities, have the right not only to
their own identity but also to development in all areas of cultural life. Any programme
intended to promote the constructive integration of minorities and persons belonging to
minorities into the society of a State party should thus be based on inclusion, participation
and non-discrimination, with a view to preserving the distinctive character of minority
cultures.
6.
Migrants
34.
States parties should pay particular attention to the protection of the cultural
identities of migrants, as well as their language, religion and folklore, and of their right to
hold cultural, artistic and intercultural events. States parties should not prevent migrants
from maintaining their cultural links with their countries of origin.32
35.
As education is intrinsically related to culture, the Committee recommends that
States parties adopt appropriate measures to enable the children of migrants to attend, on a
basis of equal treatment, State-run educational institution and programmes.
7.
Indigenous peoples
36.
States parties should take measures to guarantee that the exercise of the right to take
part in cultural life takes due account of the values of cultural life, which may be strongly
communal or which can only be expressed and enjoyed as a community by indigenous
peoples.33 The strong communal dimension of indigenous peoples’ cultural life is
indispensable to their existence, well-being and full development, and includes the right to
the lands, territories and resources which they have traditionally owned, occupied or
otherwise used or acquired.34 Indigenous peoples’ cultural values and rights associated with
their ancestral lands and their relationship with nature should be regarded with respect and
protected, in order to prevent the degradation of their particular way of life, including their
means of subsistence, the loss of their natural resources and, ultimately, their cultural
identity.35 States parties must therefore take measures to recognize and protect the rights of
indigenous peoples to own, develop, control and use their communal lands, territories and
resources, and, where they have been otherwise inhabited or used without their free and
informed consent, take steps to return these lands and territories.
37.
Indigenous peoples have the right to act collectively to ensure respect for their right
to maintain, control, protect and develop their cultural heritage, traditional knowledge and
traditional cultural expressions, as well as the manifestations of their sciences, technologies
and cultures, including human and genetic resources, seeds, medicines, knowledge of the
properties of fauna and flora, oral traditions, literature, designs, sports and traditional
games, and visual and performing arts.36 States parties should respect the principle of free,
32
33
34
35
36
GE.09-46922
International Convention on the Protection of the Rights of All Migrant Workers and Members of
Their Families, art. 31.
See Declaration on the Rights of Indigenous Peoples, art. 1. See also ILO Convention concerning
Indigenous and Tribal Peoples in Independent Countries (Convention No. 169), art. 1, para. 2.
United Nations Declaration on the Rights of Indigenous Peoples, art. 26 (a).
Convention No. 169, arts. 13–16. See also the United Nations Declaration on the Rights of
Indigenous Peoples, arts. 20 and 33.
ILO Convention No. 169, arts. 5 and 31. See also the United Nations Declaration on the Rights of
Indigenous Peoples, arts. 11–13.
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