A/69/267
19. The principles of self-determination and non-discrimination permeate the
broad range of economic and social rights. For example, in the context of health, the
practical implications of these general principles are that health servic es should not
only aim at closing the gaps in health outcomes between indigenous and
non-indigenous individuals, but also incorporate and strengthen the traditional
medicine and health practices of indigenous peoples. In the area of education,
general and contextualized standards guarantee the equal rights of indigenous
individuals to education without discrimination, as well as the right to establish their
own educational institutions, in conformity with their own convictions. In addition,
the right to work enshrined in various instruments of general applicability
encompasses the right of indigenous peoples to pursue traditional occupations, such
as sustainable pastoralism, hunting, gathering, fishing and shifting cultivation, as
well as equal access to pursue such occupations, that is, indigenous peoples should
enjoy “access to credit, market facilities, agricultural extension and skills training
facilities on an equal footing with other parts of the population ”. 1
20. The Special Rapporteur notes that cultural rights, in particular, are of central
significance to indigenous peoples and almost by definition embody the corollary
rights to non-discrimination and, especially, to self-determination. Furthermore,
cultural rights are part and parcel of a range of other substantive rights for
indigenous peoples. The Committee on Economic, Social and Cultural Rights
interprets “culture” as a broad, inclusive concept encompassing all manifestations of
human existence and that it “shapes and mirrors the values of well-being and the
economic, social and political life of individuals, groups of individuals and
communities”. 2
21. The Committee notes that the right “to take part in” culture life enshrined in
article 15(1) of the International Covenant on Economic, Social an d Cultural Rights
covers, inter alia, the individual and collective rights to: choose one ’s own identity;
engage in one’s own cultural practices; speak the language of one’s choice; know
and understand one’s own culture and that of others; receive quality education and
training with due regard for cultural identity; follow a way of life associated with
the use of cultural goods and resources such as land, water, biodiversity, language or
specific institutions; and be involved in creating the spiritual, mate rial, intellectual
and emotional expressions of the community. 3
22. The Special Rapporteur finds that such an inclusive understanding of the right
to take part in cultural life is consonant with the holistic worldview of indigenous
peoples. She reaffirms that the right to cultural life, in the context of indigenous
peoples, is underpinned by the right to self-determination as an indispensable
condition for the continued existence of their cultural life.
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1
2
3
14-58847
See Eliminating discrimination against indigenous and tribal peoples in empl oyment and
occupation: A Guide to ILO Convention No. 111, ILO, 2007.
E/C.12/GC/21, para. 13.
The Committee on Economic, Social and Cultural Rights has also highlighted that, in line with
their obligations to protect cultural rights “States parties should respect the principle of free,
prior and informed consent of indigenous peoples in all matters covered by their specific rights ”
(E/C.12/GC/21, paras. 15 and 37).
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