A/HRC/21/53 customs (art. 11); to teach their cultural and religious traditions and to repatriation of their human remains (art. 12); to revitalize, use, develop and transmit to future generations their histories, languages and oral traditions, philosophies, writing systems and literatures (art. 13); to control their own education systems and institutions providing education in their own languages (arts. 14 and 15); to “maintain, control, protect and develop” their cultural heritage, traditional knowledge and traditional cultural expressions (art. 31); to determine their own identity and membership; and to promote, develop and maintain their institutional structures and their distinctive customs, spirituality, traditions, procedures, practices, juridical systems or customs (art. 34). Central to all of these rights is indigenous peoples’ right to self-determination, which includes indigenous peoples’ rights to freely determine their cultural development, to autonomy and to participate fully, if they so choose, in the political, economic, social and cultural life of the State (arts. 3, 4 and 5). 8. Cultural and language rights are indivisible and central to all the other rights, including as expressed in International Labour Organization (ILO) Convention No. 169 (1989) concerning Indigenous and Tribal Peoples. It requires, for example, due regard for indigenous peoples’ customs and customary law and respect for the special importance for the cultures and spiritual values of the peoples concerned with their relationship with their land and territories. 9. The provisions of the Declaration are consistent with, and elaborate upon, indigenous peoples’ rights to their cultures and languages as expressed in a number of other human rights instruments, including the right of all to participate in the cultural life of the community in the Universal Declaration on Human Rights and in United Nations human rights treaties. 10. The Human Rights Committee, in interpreting article 27 of the International Covenant on Civil and Political Rights, has expressed the positive duties incumbent on States to protect indigenous peoples’ cultural rights, including their rights in relation to their lands, territories and resources as well as in relation to their traditional activities, 6 the need to include indigenous peoples in decisions affecting them, 7 the requirement to interpret the right to culture consistently with the right to self-determination in the context of indigenous peoples’ issues,8 and has called on States to adopt measures to support the revival of cultures and languages.9 11. Under the International Covenant on Economic, Social and Cultural Rights, States parties recognize the right of everyone to take part in cultural life. The Committee on Economic, Social and Cultural Rights has consistently called upon States parties to protect and promote indigenous peoples’ rights to their cultures and languages. In its general comment No. 21 on the right of everyone to take part in cultural life, it recognizes the collective element of indigenous peoples’ right to culture, noting that “the strong communal dimension of indigenous peoples’ cultural life is indispensible to their existence, well-being and full development, and includes the right to the lands, territories and resources which they have traditionally owned, occupied or otherwise used or acquired.”10 It also notes that States’ educational programmes should respect the cultural specificities of indigenous peoples and incorporate them in such programmes. 12. The Committee on the Elimination of Racial Discrimination has called upon States to “recognize and respect indigenous distinct culture, history, language and way of life as 6 7 8 9 10 4 Lubicon Lake Band v. Canada, communication No. 167/1984 (1990). Poma Poma v. Peru, communication No. 1457/2006 (2009). Mahuika v. New Zealand, communication No. 547/1993 (2000), CCPR/C/70/D/547/1993. CCPR/C/SLV/CO/6. Committee on Economic, Social and Cultural Rights, general comment No. 21 (2009).