A/HRC/21/53
culture on which they are based, including respect for the dignity of all members of the
community, expressed through reciprocity, mutual trust and service to others. Many
indigenous social systems uphold and recognize the equal rights, worthiness and usefulness
of each member of a community. Balanced, harmonious and cohesiveness relations provide
the basis for co-responsibility to each member. The close relationship among members of
indigenous peoples is one of their key characteristics.
54.
Indigenous peoples have unique structures and institutions that have developed over
time. These structures often have the family as a primary unit, expanding to larger
communal and social institutions, and are generally governed by indigenous law and sacred
teachings.
55.
In many communities, the values of collectivity and of working and socializing
together are being undermined, in part due to the imposition of administrative structures. In
the past, many societies had councils of elders dealing with issues in the community but
now these issues are in the hands of State governmental bodies, in which the local
community has no say. The value of collectivity, the traditional work ethic and communal
work is challenged and also endangered as money matters take up a larger role. The
Declaration states that indigenous peoples have the right to determine their own identity
and membership in accordance with their customs and traditions and the right to promote,
develop and maintain their institutional structures and their distinctive customs, spirituality,
traditions, procedures, practices and, in the cases where these exist, juridical systems or
customs.
C.
Indigenous spirituality
56.
The concept of indigenous spirituality is the application of respect for Creation into
everyday living and relationships. The important elements of indigenous spirituality
include maintaining connections with ancestors and spirits or deities, social relations,
respect for nature and the relationship with their lands, territories and resources.
Indigenous spirituality is inclusive and may be practised by holding rituals, ceremonies,
applying positive and respectful values, and by ensuring spirituality is transferred through
generations. It is closely linked to indigenous culture and nature. In particular, land is a
source of spirituality. There is a strong belief that belongingness to land is also socioeconomical, emotional and political.
57.
Mainstream religions can be a threat to indigenous peoples’ cultural development,
particularly if governments adopt policies to promote a particular religion or prohibit
indigenous spiritual practices or if States’ laws and policies and courts do not recognize
indigenous peoples’ spirituality and spiritual associations, including to land, territories and
resources, as equal to other forms of spirituality. Some argue that to lose one’s language
means one can no longer practise spirituality as originally given.
58.
The Declaration guarantees indigenous peoples’ rights to manifest, practise, develop
and teach their spiritual and religious traditions, customs and ceremonies and to maintain,
protect, and have access in privacy to their religious and cultural sites (art. 12). The
Committee on Economic, Social and Cultural Rights has stated that “States parties must
also respect the rights of indigenous peoples … to maintain and strengthen their spiritual
relationship with their ancestral lands and other natural resources traditionally owned,
occupied or used by them, and indispensable to their cultural life.” 60
60
Committee on Economic, Social and Cultural Rights, general comment No. 21 (2009), para. 49.
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