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.
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