A/HRC/39/68 XI. Panel discussion on cultural heritage, indigenous languages and traditional knowledge 74. The discussion on item 8 was opened by Ms. Carpenter. The panellists were Mr. Tsykarev, Simon Legrand of the World Intellectual Property Organization (WIPO), Irmgarda Kasinskaite-Buddeberg of the United Nations Educational, Scientific and Cultural Organization (UNESCO), Andrea Carmen of the International Indian Treaty Council, Pirjo Kristiina Virtanen of the University of Helsinki and Benki Piyãko, a member of the Ashaninka people of South America. 75. Before opening the panel discussion, Ms. Carpenter recalled that for indigenous peoples, culture manifested in a deep connection to traditional territories along with rituals and traditions that maintained a balance between human, natural and spiritual realms. In that light, she emphasized the importance of indigenous languages as they expressed cosmology and shaped traditional knowledge. The challenges resulting from colonization, displacement, discrimination and climate change had put cultural heritage, knowledge and identity under increasing pressure. While various international instruments defined rights related to both tangible and intangible cultural property and heritage, the Declaration specifically linked the cultural rights of indigenous peoples to their right to selfdetermination. She referred to the previous work and interest of the Expert Mechanism in relation to cultural heritage. 76. Mr. Tsykarev noted the narrow view of many States related to the rights to cultural participation of indigenous peoples. He welcomed recent seminars on cultural heritage convened by academic institutions, including the University of Helsinki, the University of Lapland and the Sámi Museum Siida. He considered the Expert Mechanism’s study on cultural heritage (A/HRC/30/53) an important contribution to ensuring the restitution and repatriation of cultural heritage to the respective indigenous peoples. Subsequently, he explained the efforts of the Expert Mechanism to work with UNESCO on the issue of repatriation and highlighted national and regional good practices. Addressing the ongoing discussions at WIPO related to traditional knowledge, he paid particular attention to free, prior and informed consent in the creation of databases of indigenous peoples’ traditional knowledge and the negotiation of multilateral agreements in that field. Finally, Mr. Tsykarev highlighted the role of the Expert Mechanism in the International Year of Indigenous Languages in 2019 and urged that the action for the year plan to use human rights language. 77. Mr. Legrand started his presentation by outlining the twofold purpose of his contribution. Firstly, he explained what was meant by protection of traditional knowledge and cultural expressions from a specific intellectual property perspective and, secondly, he described how such protection was addressed in the work of WIPO. Though there was a difference between protection and preservation, they were complementary. From an indigenous perspective, traditional knowledge and cultural expressions were inherent elements of daily life and the collective interaction with their environment. He highlighted the inclusiveness of the WIPO mandate through the engagement with and of indigenous peoples and recognized the value of article 31 of the Declaration in relation to cultural heritage. 78. Ms. Kasinskaite-Buddeberg focused on the International Year. She highlighted the importance of language expressions as a core component of human rights and fundamental freedoms, and mentioned that the action plan for the International Year had been built on core principles such as diversity and openness, multi-stakeholder partnerships and synergies in international human rights frameworks. That would allow for the sharing of good practices, the integration of indigenous languages in standard-setting mechanisms, capacitybuilding related to indigenous languages and participation and support in drafting the final document. She stressed that indigenous languages should not be approached only from a cultural perspective, but also as tools for communication, empowerment and peacebuilding. 79. Ms. Carmen focused on the repatriation of indigenous peoples’ sacred items and human remains currently held by museums and in private collections. Describing various cases, she showed how international efforts had evolved and called for more control over 14