A/HRC/58/60/Add.1 41. Whereas prior consultation of and sustained engagement with Indigenous Peoples, as protected and decentralized in Supreme Decree No. 66, 8 are positive steps, international human rights law and standards require that States seek Indigenous Peoples’ free, prior, and informed consent in all matters that affect their cultures and lands. 9 That requirement, established in the United Nations Declaration on the Rights of Indigenous Peoples, has now reached the status of emerging customary law and should be systematically applied by the State in its internal policies. It includes the right of veto of Indigenous Peoples on matters that have a direct impact on their cultural rights. 42. Cultural self-determination also applies to the use and representation of Indigenous Peoples’ resources and symbols by outsiders, in museums and on virtual platforms. The Special Rapporteur was informed about the abusive appropriation of Rapa Nui symbols and land on a virtual platform and the presence of Moais in foreign museums, as well as about the efforts of the Council of Elders to regain control over the representation of their culture in these emblematic cases. She encouraged the authorities to support the efforts of the Rapa Nui people to ensure that their narratives are prioritized. 43. The Special Rapporteur was impressed by the number of revitalizing actions that have been initiated by the Subdirectorate for Indigenous Peoples and recognizes the promising process in place. However, many challenges remain with respect to including Indigenous Peoples’ histories and cultures in schools, providing training on their human rights and adequately presenting their living practices. 44. Indigenous languages are not recognized and publicly supported, and speakers struggle to realize their right to use them in public spaces and institutions. The lack of teaching in Indigenous languages creates a knowledge gap, not only in the early years, to the disadvantage of Indigenous children, but also in ensuring continuity in the use and transmission of the languages for future generations. Some experiences in teaching Indigenous languages to non-Indigenous children in schools were reported, but these were not institutionalized and were generally not considered as adding value. However, languages cannot be revitalized if they are only used in private settings. 45. The Special Rapporteur commends the legal recognition of the tribal Afrodescendants in 2019 and the efforts to revise educational curriculums to increase their visibility as part of Chilean society. With a view to implementing the 2019 law, in which the right to living heritage was recognized, multiple dialogues and prior consultations were organized with Afro-Chileans to identify heritage resources to be protected. The “cruz de mayo” and “morenos de paso” practices have been successfully included in the national list of living heritage. 10 The Special Rapporteur encourages the authorities and all ministries involved to implement a sustainable strategy to ensure that these improvements remain. 46. More work needs to be done, however, to ensure the realization of human rights of Afro-Chileans, including their cultural rights. The precarious socioeconomic situation of Afro-Chileans in the north of the country is destroying their ways of life, including their food sovereignty and the continuity of their cultural practices. Because their lands were not recognized, many have, in the past, settled on land that was contaminated from the mining industry. Although programmes are being implemented to help them resettle in safer areas, the majority of those living outside of Arica only have running water every other day and need to ensure their electrical supply through generators. 47. Formal representation of Afro-Chileans is still lacking in decision-making bodies, and some mechanisms have not yet been adapted to their realities. For example, their grants applications for cultural projects are reviewed by representatives from other Indigenous Peoples, who may not know enough about their cultural expressions to appreciate their merit. 8 9 10 GE.25-01340 Supreme Decree No.66 of 15 November 2013 entered into force on 4 March 2014. It decentralizes consultations with Indigenous Peoples to a number of public authorities, which must consult in good faith to reach agreement, but it stipulates that even those consultations that do not obtain the consent of the concerned peoples should be considered as having fulfilled their objective. United Nations Declaration on the Rights of Indigenous Peoples, arts. 10 and 11. See https://chilecultura.gob.cl/cultural-sections/146/ (in Spanish). 9