A/HRC/21/53
indigenous cultures include the power of dominant cultures and the influx of nonindigenous people into indigenous territories, for reasons including resource exploitation,
extraction and tourism.67
76.
Indigenous peoples’ cultures should, as UNESCO policy provides, be at the centre
of the development of their lands, territories and resources, which in most cases requires
their participation and consent. As ILO Convention No. 169 provides, indigenous peoples
“shall have the right to decide their own priorities for the process of development as it
affects their lives, beliefs, institutions and spiritual well-being and the lands they occupy or
otherwise use, and to exercise control, to the extent possible, over their own economic,
social and cultural development” (art. 7). The Human Rights Committee has confirmed that
“economic development may not undermine the rights protected by” the right to culture. 68
G.
Climate change
77.
Equally, many indigenous peoples’ cultures are threatened by the consequences of
climate change, including, potentially, loss of their lands, territories and resources.
Moreover, neo-liberal approaches to measures to address climate change, such as the
commodification of natural resources, conflict with some indigenous peoples’ philosophical
approaches to their relationship to the natural world.
H.
Private sector
78.
Many of the human rights challenges facing indigenous peoples in their enjoyment
of their cultures come from the private sector. States’ duties to protect indigenous peoples’
rights to languages and cultures extend to preventing third parties from interfering with
such rights.69 Moreover, in accordance with the Human Rights Council’s Guiding
Principles on Business and Human Rights, business enterprises have the responsibility to
respect human rights, including cultures and languages, for example to ensure
understanding in negotiations and agreements with indigenous peoples by providing
translation in indigenous languages where necessary.
I.
Gender
79.
In many indigenous peoples’ communities, men and women have distinct and
gendered responsibilities to transmit their knowledge. Frequently, the gendered roles are of
equal importance and should receive equal protection and acknowledgement. However,
indigenous women have a unique role to play in the protection and promotion of indigenous
peoples’ cultures. Further, they may be the principal victims of violations of indigenous
peoples’ rights to their cultures, meaning that they deserve considerable attention in the
protection and promotion of indigenous peoples’ cultures, consistent with article 22 of the
Declaration.
67
68
69
Submission from Habitat Pro Association.
Poma Poma v. Peru (above).
Committee on Economic, Social and Cultural Rights, general comment No. 21 (2009).
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