A/HRC/36/53
and resources included their right to undertake economic activities with a view to
generating revenues:
The African Commission is of the view that Endorois culture, religion, and
traditional way of life are intimately intertwined with their ancestral lands – Lake
Bogoria and the surrounding area. It agrees that Lake Bogoria and the Monchongoi
Forest are central to the Endorois’ way of life and without access to their ancestral
land, the Endorois are unable to fully exercise their cultural and religious rights, and
feel disconnected from their land and ancestors (Endorois Welfare Council v. Kenya,
para. 156).
28.
The subsistence-focused economic model is still prevalent among many indigenous
peoples’ communities in Asia, Africa and parts of Latin America and even in developed
countries. In parts of Europe, North America, Australia and New Zealand indigenous
peoples’ economic activities are expanding, as the former Special Rapporteur on the rights
of indigenous peoples has said, with “indigenous nations or tribes [owning and operating]
companies that engage in oil and gas production, manage electric power assets, or invest in
alternative energy” (see A/HRC/24/41, para. 10).
29.
Those examples point towards a correlation between the level of legal protection for
indigenous peoples’ rights over lands or resources and their respective choices of economic
models. On the one hand, in countries where their rights over lands and resources are better
protected, indigenous peoples tend to be able to develop their economic activities and
businesses in a more autonomous manner and also to be more open to innovative business
models or partnerships. Protection of indigenous land rights does not necessarily, or even
usually, imply “privatization,” which can lead to further loss of lands and resources. Rather
indigenous lands and resources must be protected according to indigenous traditions and
norms, and with domestic remedial mechanisms in cases of violations or abuses of their
rights.
30.
On the other hand, indigenous communities living in countries where their rights
over lands or resources are not protected appear more resistant to innovative business
models, which they fear might lead to further alienation of their lands and resources. Lack
of legal protection for their lands and resources thus limits their business options.
3.
Indigenous peoples’ businesses as a means to achieve enhanced enjoyment of their
rights to culture, languages and traditional knowledge
31.
Article 27 of the International Covenant on Civil and Political Rights protects the
right of persons belonging to ethnic, religious or linguistic minorities to enjoy their own
culture. In its general comment No. 23 (1994) on the rights of minorities, the Human Rights
Committee indicates that for indigenous peoples, the right to enjoy a particular culture may
consist in a way of life which is closely associated with territory and use of its resources
(para. 3.2).
32.
Article 31 of the Declaration protects culture and traditional knowledge-related
activities with economic potential, including human and genetic resources, seeds,
medicines, knowledge of the properties of fauna and flora, oral traditions, literatures,
designs, sports and traditional games and visual and performing arts.
33.
The Expert Mechanism’s study on the role of languages and culture in the promotion
and protection of the rights and identity of indigenous peoples reaffirms the link between
culture, land rights and self-determination. The study underlines also the role of languages
for indigenous peoples’ economic activities grounded in traditional knowledge (see
A/HRC/21/53, paras. 23 and 25).
34.
Increasing recognition of the importance of indigenous-led entrepreneurship has
seen a growing number of indigenous businesses established to enable indigenous peoples
to reclaim their place and space in the business world and to promote indigenous modes of
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