A/HRC/21/53 D. Cultural diversity and heritage 59. Indigenous peoples have made considerable contributions to the world’s cultural diversity and heritage. 60. The Declaration affirms that all peoples contribute to the diversity and richness of civilizations and cultures, which constitute the common heritage of humankind and express indigenous peoples’ right to maintain, protect and develop the past, present and future manifestations of their cultures, such as archaeological and historical sites, artefacts, designs, ceremonies, technologies and visual and performing arts and literature (art. 11). The Independent Expert in the field of cultural rights has stated “in order to respect and protect cultural identity, tangible cultural heritage should be preserved with a view to maintaining its authenticity and integrity, intangible cultural heritage should be safeguarded to ensure viability and continuity, and the rights of access to and enjoyment of cultural heritage should be guaranteed.”61 61. An important component of indigenous peoples’ rights to their cultural heritage is their right to the repatriation of ceremonial objects and human remains (art. 12), which requires the cooperation of the places where such objects and remains are stored, such as museums. E. Traditional knowledge, traditional cultural expressions and genetic resources 62. As is well documented, indigenous peoples have expressed the concern that existing international mechanisms to protect intellectual property are inadequate to protect traditional knowledge, traditional cultural expressions and genetic resources and are culturally inappropriate. Concerns identified include the fact that intellectual property systems are focused on protecting the intellectual property of individuals rather than collectives, view intellectual property as alienable, and are not consistent with indigenous peoples’ laws and policies related to their knowledge. 63. It is essential that international processes in which laws governing the use of traditional knowledge, cultural expressions and genetic resources that are developed conform to indigenous peoples’ rights under the Declaration and, in particular, article 31. F. Positive duties 64. As expressed by the Committee on Economic, Social and Cultural Rights, the right to culture includes positive, as well as negative, obligations on States.62 Moreover, the Human Rights Committee has stated that,63 culture manifests itself in many forms, including in a particular way of life associated with the use of land resources, especially in the case of indigenous peoples. That right might include such traditional activities as fishing or hunting and the right to live in reserves protected by law. The enjoyment of those rights may require positive legal measures of protection and measures to ensure the effective participation of members of minority communities in decisions which affect them. 61 62 63 14 A/HRC/17/38, para. 21. Committee on Economic, Social and Cultural Rights, general comment No. 21 (2009). Human Rights Committee, general comment No. 23 (1994) on article 27.