A/HRC/21/53 The protection of these rights is directed to ensure the survival and continued development of cultural identity, thus enriching the fabric of society as a whole. VI. Challenges faced in the promotion and protection of indigenous language and culture rights A. Adaptation of culture 65. As the Independent Expert in the field of cultural rights has noted, protecting cultures can be challenging “especially in societies where people feel that their cultural heritage is under threat, due in particular to the dynamism or dominance of other cultures, globalization and development processes and/or the dominant position of corporate actors in the field of culture and leisure.”64 Moreover, loss of lands, territories and resources can limit the ability of indigenous cultures to adapt organically. Because of these changes and obstacles, there must be an effort to maintain traditional values and instil cultural strength, pride and dignity. Part of this effort may include fostering traditional ways of learning to transfer indigenous knowledge, culture and traditions to future generations and to maintain pride and identity in indigenous culture. 66. Cultural identity cannot exist without people practising their culture and traditions. New expressions of traditional values may be necessary to revitalize cultural practices in the modern context but should not alter the essence of the indigenous culture. Adaptation of cultures is an indicator of their strength and is necessary to attract the young. Indigenous cultures should not be viewed as relics of the past belonging to museums but, instead, be understood and protected as alive and dynamic, in need of enrichment, to enable them to strengthen despite external influences. Revitalization of indigenous peoples’ cultures B. 67. Where indigenous languages and cultures are under threat, indigenous peoples and States together in partnership have the primary responsibility for the revitalization of cultures and languages. In many cases, it is for indigenous peoples, as an expression of their right to cultural self-determination, to show the commitment and take the necessary action to implement practices in support of their cultures and languages. For example, mandatory immersion programmes should be established. 68. The role of States should be to support indigenous peoples in their endeavours to practise and express their cultures and languages. States should be careful not to intrude on indigenous peoples’ self-determination in this respect by, for example, implementing cultural and language programmes without the free, prior and informed consent of indigenous peoples. Instead, States may be better placed to provide the requisite legislative and institutional framework necessary to protect and promote indigenous peoples’ languages and cultures and, in addition, provide financial and technical support.65 69. There are many positive examples of indigenous peoples taking the initiative to protect and promote their cultures and languages, such as activities leading to the revitalization of the Maori language, which now has considerable State support,66 including 64 65 66 A/HRC/14/36. Submission from New Zealand Human Rights Commission. Ibid., New Zealand Government. 15

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