A/HRC/48/74
youth to become “eco guardians” and translating educational materials on climate change
into indigenous languages.65
K.
Cultural and language rights
83.
Indigenous peoples face discrimination for using their languages, wearing their
traditional dress and participating in cultural activities. Language is the principal mode of
transmission of traditional knowledge and is a foundational element of indigenous cultures
and identity. Indigenous children learning and using their languages are key to preserving
indigenous cultures, historical memory and worldview, as well as to ensuring political
participation, economic development and environmental sustainability.
84.
Indigenous children often do not learn their languages and are often not fluent in them,
even though their communities and families use those languages. Rural or isolated indigenous
populations, including children, tend to have higher rates of knowledge of indigenous
languages. Assimilationist policies, such as the use of residential schools and adoption for
indigenous children, has had harmful effects on the maintenance of indigenous cultures and
languages, at times leading to the endangerment and near extinction of indigenous languages.
The United Nations Educational, Scientific and Cultural Organization has recognized that
social factors may contribute to decreased transmission of languages, including possible
discrimination against indigenous language speakers, particularly children.66
85.
Aymara youth report the maintenance of indigenous languages as a priority,
particularly as the legacy of their elders.67 In addition to the rights regarding language use
and education, States are also obliged to promote indigenous languages and encourage regard
for the linguistic needs of indigenous children in the media.68
Harmful practices against indigenous girls
86.
Harmful practices, such as female genital mutilation, breast ironing and child
marriage, continue to exist, including in indigenous communities. In its general comment No.
11, the Committee on the Rights of the Child reiterated that cultural practices must be in
accordance with the Convention, and are in no circumstances allowable if they are prejudicial
to a child’s dignity, health and development.69
87.
In some indigenous cultures, including in South Kivu in the Democratic Republic of
the Congo, girls may be married at 12 or 13 years of age. This impacts various rights
including those to education, life and health, and brings additional care and household duties
that lead to unequal enjoyment of their rights. It also puts them at risk of further violations,
increasing their vulnerability to violence, including sexual violence.70
88.
The Expert Mechanism reaffirms what the Committee on the Rights of the Child
asserted in its general comment No. 11 (para. 22), namely that indigenous communities and
States must work together to eradicate traditional cultural or religious practices that place a
child’s health, dignity or development at risk. Indigenous organizations have noted the
importance of reflection on cultural values that normalize practices such as child marriage
and early unions, including through intergenerational dialogue. 71 States and indigenous
65
66
67
68
69
70
71
16
Submission by Guatemala.
Ibid., para. 40.
Intervention by Ms. Angel, Fondo para el Desarrollo de los Pueblos Indígenas de América Latina y El
Caribe.
See Convention on the Rights of the Child, arts. 17 (d) and 30; International Covenant on Civil and
Political Rights, art. 27; United Nations Declaration on the Rights of Indigenous Peoples, arts. 13, 14
and 16; and Indigenous and Tribal Peoples Convention (No. 169), art. 28.
See also joint general recommendation No. 31 of the Committee on the Elimination of Discrimination
against Women/general comment No. 18 of the Committee on the Rights of the Child (2014).
A/HRC/30/41, para. 56.
Joint statement and submission to the fourteenth session of the Expert Mechanism by indigenous
youth and women’s organizations of Latin America and the Caribbean.