A/HRC/21/53 I. Introduction 1. In resolution 18/8 the Human Rights Council requested the Expert Mechanism to prepare a study on the role of languages and culture in the promotion and protection of the rights and identity of indigenous peoples, and to present it to the Human Rights Council at its twenty-first session. 2. The Expert Mechanism called for submissions to States, indigenous peoples, nonState actors, national human rights institutions and other stakeholders to assist it in the preparation of this study. The submissions received by the Expert Mechanism are, where permission was granted, available on the Expert Mechanism's website. 1 The study also benefited from contributions made at the Brunel University Law School and Office of the High Commissioner for Human Rights expert seminar on indigenous peoples’ languages and cultures in London on 8 and 9 March 2012.2 The Expert Mechanism appreciates all the submissions received. 3. This study builds upon and supports the Expert Mechanism’s first study on lessons learned and challenges to achievement of the right of indigenous peoples to education (2009).3 As the Committee on Economic, Social and Cultural Rights notes, “cultural life is intrinsically linked to the right to education … , through which individuals and communities pass on their values, religion, customs, language and other cultural references, and which helps to foster an atmosphere of mutual understanding and respect for cultural values.”4 4. This study builds upon the Expert Mechanism’s study on indigenous peoples and the right to participate in decision-making,5 not least because indigenous peoples have the right to participate in decision-making impacting on their languages, cultures and language and cultural rights. 5. Unless indicated otherwise, references to languages and culture are to indigenous peoples’ languages and cultures. II. Relevant international and regional standards 6. As the most comprehensive and detailed compilation of the rights of indigenous peoples, and with near-universal endorsement by States, the Declaration on the Rights of Indigenous Peoples provides an authoritative description of indigenous peoples’ rights in relation to their cultures and languages. Many of the articles in the Declaration relate to the protection and promotion of indigenous peoples’ cultures. 7. The Declaration includes numerous provisions on protection against discriminatory and adverse treatment of indigenous peoples on cultural grounds and positive measures to support indigenous peoples’ cultures. These include rights: against assimilation and destruction of indigenous peoples’ cultures (art. 8); to prevention of, and redress for, forced assimilation, dispossession of their lands, territories and resources (art. 8); to belong to an indigenous community or nation in accordance with indigenous peoples’ traditions and customs (art. 9); to practise and revitalize indigenous peoples’ cultural traditions and 1 2 3 4 5 http://www.ohchr.org/EN/Issues/IPeoples/EMRIP/Pages/SubmissionsStudyLanguages.aspx. http://www.ohchr.org/EN/Issues/IPeoples/EMRIP/Pages/StudyLanguages.aspx. A/HRC/12/33. Committee on Economic, Social and Cultural Rights, general comment No. 21 (2009). A/HRC/18/42 and A/HRC/15/35. 3