A/HRC/39/68
exports and the return of cultural, intellectual and spiritual property to the rightful owners.
She argued that the United Nations should establish fair, transparent and objective
mechanisms for repatriation, developed in conjunction with indigenous peoples. She
focused on relevant articles of the Declaration and stressed that customary laws of
indigenous peoples must be respected. She extended the gratitude of the Yaqui nation to the
institutions that had provided continuous and mutual support in relation to that work.
80.
Ms. Virtanen noted that the University of Helsinki had organized an international
conference on indigenous peoples’ rights to cultural heritage in November 2017 as a
follow-up to the report of the Expert Mechanism on that theme. Because of discrimination
and appropriation of cultural heritage, the university had focused the conference on
understanding indigenous communities for the development and implementation of legal
frameworks related to cultural heritage. Ms. Virtanen highlighted the importance of
indigenous understanding of heritage and the crucial role of the environment in the cocreation of heritage. She stressed the vital role of indigenous participation in all phases
leading up to the protection of cultural heritage so as to include indigenous concepts and
governance.
81.
Closing the panel discussion, Mr. Piyãko mentioned that culture was not a social
construction but rather something into which a person was born and which offered direction
to the material and spiritual aspects of daily life. He placed particular emphasis on the
importance of sacred sites as a means to communicate with the spiritual realm and
expressed his serious concerns about the destruction of nature, the disappearance of
indigenous languages and the loss of identity of indigenous peoples following past
massacres and displacements. As a spiritual leader, he also expressed his concern at the
lack of adequate legal instruments for the recognition of traditional plant medicine,
referring specifically to past imprisonments for travelling with ayahuasca, essential to the
healing rituals he had performed since childhood. He highlighted the need for organizations
and institutions to recognize and facilitate a framework in which traditional medicinal
systems could be taught and practised.
XII. Future work of the Expert Mechanism, including focus of the
next annual study
82.
Under item 10, the Expert Mechanism decided that its next annual study on the
status of the rights of indigenous peoples worldwide in the achievement of the ends of the
Declaration, mandated by paragraph 2 (a) of resolution 33/25, would focus on the theme of
indigenous peoples, migration and borders.
83.
The Expert Mechanism also decided to prepare a report to the Human Rights
Council on good practices and lessons learned regarding efforts to achieve the ends of the
Declaration, as authorized by paragraph 2 (b) of resolution 33/25. The report would focus
on the theme of recognition, reparation and reconciliation.
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