A/HRC/21/53
16.
States should provide incentives for museums and other places where indigenous
remains, artifacts and other cultural heritage are stored to inform the relevant indigenous
peoples when they hold such treasures and to establish mechanisms to have them restored
to indigenous peoples when they so desire.
17.
There is a need for the recognition of the continuing value to communities and
society of indigenous peoples’ traditional knowledge, including spiritual, cultural and
linguistic knowledge. This will require long-term financial investments in measures for the
reclaiming and relearning and sharing of this knowledge. The resources spent on this
should be, at a minimum, commensurate with the monies and efforts previously spent to
destroy such knowledge.
18.
Indigenous peoples should have the necessary support to speak their languages in
both the public and private domains, including in schools, legal proceedings, and in places
providing health services. In addition, it may be appropriate to establish mechanisms to
monitor States’ compliance with indigenous peoples’ rights to speak their languages and
practise their cultures, such as an ombudsman to address complaints about failures to
respect, protect and promote indigenous cultures and languages.
19.
In protecting, promoting and respecting indigenous peoples’ rights to their cultures,
States should treat all indigenous languages equally and take precautions not to favour
supporting indigenous languages spoken by larger numbers of individuals. It is especially
important that numerically small indigenous groups receive the support necessary to assist
them in retaining their languages.
20.
States should establish mechanisms, including monitoring, to ensure that indigenous
peoples’ traditional knowledge is not expropriated without the free, prior and informed
consent of indigenous peoples and provision is made for appropriate access and benefitsharing arrangements.
21.
States should ensure that non-indigenous third parties, especially the private sector,
do not infringe indigenous peoples’ rights to languages and culture and understand the
flow-on effects that their activity on indigenous peoples’ lands, territories and resources can
have on their languages and cultures.
22.
When developing and implementing laws and policies to address social problems
facing indigenous peoples, it is imperative that States take an approach that is sensitive to
the impact of historical marginalization and dispossession on indigenous peoples and their
cultures and languages.
23.
In providing redress to indigenous peoples for the negative impacts of State laws and
policies on indigenous peoples, States should prioritize the views of indigenous peoples on
the appropriate forms of redress, which can include the return of lands, territories and
resources, recognition of indigenous peoples’ governance structures, including their laws
and dispute resolution processes and the finances necessary to enable indigenous peoples to
implement their own techniques to revitalize and protect their languages and cultures.
Customs, values and arbitration procedures of indigenous peoples should be recognized and
appropriately respected by the courts and legal procedures.
C.
Indigenous peoples
24.
Indigenous peoples have the primary responsibility to take control of the promotion
and protection of their languages and cultures, with the support of the State as outlined
above. Thus, for example, indigenous peoples have a responsibility to work together to
pass on their languages and cultures to younger generations and indigenous youth have a
responsibility to learn their cultures and languages.
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