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 7

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