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35. Arbitrary administrative or legislative requirements, for example requiring a minimum
number of indigenous students in schools outside indigenous communities before such services
are provided, are not a sufficient basis for determining whether it is possible to provide education
in indigenous cultures and languages for indigenous children living outside their communities. In
order for a State to be able to attribute its failure to provide such education services to children
living outside their communities, it must demonstrate that every effort has been made to use all
resources that are at its disposition in an effort to satisfy, as a matter of priority, this obligation.
36. Article 14 is also implicitly connected to articles 8 and 31 of the Declaration, because it is
largely based on an acknowledgement that indigenous cultures, like all other human cultures,
possess a mechanism for passing information on to the next generation. Article 8 provides that
indigenous peoples and individuals have the right not to be subjected to forced assimilation or
destruction of their culture, and that States should take effective measures for the prevention of
and redress for any form of forced assimilation or integration. Culturally appropriate educational
systems and institutions are an important element in any effort to ensure that indigenous cultures
and languages are maintained and flourish. The rights enunciated in article 31 can only be
realized through the intergenerational transfer of knowledge, language and culture.
37. Article 15 largely coincides with the description of the aim and objective of education, as
established under article 13 (1) of the International Covenant on Economic, Social and Cultural
Rights and article 29 (1) of the Convention on the Rights of the Child. Article 15 is applicable to
education provided to both indigenous and non-indigenous individuals. This provision reaffirms
that education should be directed at combating prejudice and to the promotion of understanding
and tolerance and good relations among segments of society, including the development of
respect for the cultural identity, language and values of indigenous peoples. Human rights
education is an important tool for the realization of this aim and objective.
38. Article 17 (2) provides that States shall, in consultation and cooperation with indigenous
peoples, take specific measures to protect indigenous children from economic exploitation and
from performing any work that is likely to be hazardous or to interfere with the child’s education
or to be harmful to the child’s development. The provision emphasizes education as means of
empowerment of indigenous children, reaffirming already existing international standards, in
particular the standards adopted by ILO, including the Conventions concerning the Prohibition
and Immediate Action for the Elimination of the Worst Forms of Child Labour (Convention
No. 182), the Minimum Age for Admission to Employment (Convention No. 138) and ILO
Convention No. 169.
39. The right to education is an indispensable means of realizing indigenous peoples’ right to
self-determination. Education is a vital precondition for the capacity and ability of indigenous
peoples to pursue their own economic, social and cultural development in accordance with
article 3 of the United Nations Declaration on the Rights of Indigenous Peoples. Article 3 of the
Declaration mirrors other international instruments that uphold the right to self-determination as
a collective human right for all peoples, including common article 1 of the International
Covenant on Civil and Political Rights and the International Covenant on Economic, Social and