A/HRC/21/53
in the reservation of radio frequencies for the promotion of Maori culture and language and
the legislative creation of a Maori television service. In Canada there is the Aboriginal
Peoples Television Network.
C.
Recognition of indigenous peoples’ cultures
70.
In some States, indigenous peoples are required to provide evidence of their
historical connections to their lands, territories and resources to obtain formal and official
recognition of their rights to those lands, territories and resources. Imposing such
evidential burdens on indigenous peoples is costly and difficult, especially where they were
colonized, and had lost their lands, territories and resources many centuries in the past.
There are also significant threats to indigenous cultures when they are subjected to imposed
legal evidentiary tests that require the inappropriate public sharing of cultural heritage.
D.
The right to equality
71.
Unique measures to support indigenous peoples’ cultures may be required to achieve
substantive equality. In many cases, and especially where indigenous peoples are not
dominant in the State within which they are located, they may find it difficult to protect
their cultures as compared with the non-indigenous dominant groups. Non-indigenous
dominant groups can better reflect their cultural preferences in law and policy, to which
indigenous peoples are subjected. At the same time, it must be recognized that indigenous
peoples’ rights should not be conceptualized as special measures but, instead, as distinct
and permanent rights.
72.
Measures to promote indigenous cultures should be premised on an intercultural
approach – a coming together of different but equal cultural viewpoints.
E.
Individual and collective aspects
73.
Indigenous peoples have consistently asserted the collective nature of their cultural
rights. The Declaration is clear that cultural rights can be vested in indigenous peoples as
collectives. Other instruments also recognize collective rights, such as the African Charter
on Human and Peoples’ Rights. These instruments recognize the value of the collective in
its own right and, also, that violations have occurred against the cultures of collectives such
as indigenous peoples.
74.
One of the challenges to the recognition of collectives’ rights to cultures has been
the perception that they pose a threat to the sovereignty of States. However, in many cases
it is States’ failures to recognize collectives, in attempts to assimilate them and/or
discriminate against them, which have fuelled groups’ desires to challenge the authority of
the State.
F.
Development as a threat to indigenous peoples’ cultures and languages
75.
Non-indigenous development of indigenous peoples’ lands, territories and resources
has had, in many cases, a detrimental effect on indigenous peoples’ cultures, including the
destruction of the places and spaces where indigenous peoples’ cultures are practised. In
some cases, indigenous peoples have been involuntarily displaced. Ongoing threats to
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