A/HRC/36/56 which relates to the rights of persons belonging to minorities to enjoy their culture, to profess and practise their religion or to use their language, as well as articles 26 (on nondiscrimination) and 19 (on freedom of expression). In one particular case, 15 the Committee found a violation of the right of the author and other members of her group to enjoy her own culture following the diversion of water from the Aymara pasture land. The Committee found there had been no free prior and informed consent given for the project and no independent study on the impact of the construction of water wells. The State was required to provide the author with an effective remedy and reparation measures commensurate with the harm sustained. 19. The treaty bodies have continued to draft general comments on issues relating to indigenous peoples, some of which draw from the Declaration. In its general comment No. 21 (2009) on the right of everyone to take part in cultural life, the Committee on Economic, Social and Cultural Rights draws explicitly upon the Declaration and includes a section devoted to indigenous peoples’ cultural rights. In its general comment No. 24 (2017) on State obligations under the International Covenant on Economic, Social and Cultural Rights in the context of business activities, the same Committee made explicit reference to numerous articles of the Declaration, 16 in particular those dealing with the rights to consultation and free prior and informed consent, land and resources, education, health, remedies, protection of the environment and cultural heritage. In its general comment No. 11 (2009) on indigenous children and their rights under the Convention, the Committee on the Rights of the Child urged States to adopt a rights-based approach to indigenous children based on the Convention and other relevant international standards, such as ILO Convention No. 169 and the Declaration. 17 The Subcommittee on Prevention of Torture made a statement on indigenous justice, drawing from language in the Declaration and ILO Convention No. 169, in which it recognized that indigenous peoples have the right to maintain and strengthen their own legal institutions and the right not to be subjected to forced assimilation or destruction of their culture. 20. Under its “Early-Warning” procedure,18 the Committee on the Elimination of Racial Discrimination has considered several situations of indigenous peoples. For example, it considered the case of the Aru indigenous peoples in Indonesia 19 in relation to the granting of a permit for sugar cane plantations, and that of the Shor peoples in the Russian Federation20 in relation to the destruction of the village of Kazas and possible destruction of the village of Chuvashka by mining activities. In May 2017, the Committee sent a letter under that procedure to the United States concerning allegations about the potentially discriminatory impact of the construction of a wall along the border between the United States and Mexico on the Kikapoo, Ysleta del Sur Pueblo and Lipan Apache indigenous communities.21 21. Recommendations from treaty bodies are ineffective if not implemented. While tracking follow-up to recommendations is a complicated task, the treaty bodies can track the implementation of some of their concerns through their follow-up procedures. For example, under the follow-up to the reporting procedure, the Human Rights Committee gave Finland an “A” grade (satisfactory implementation) for the measures taken to facilitate education for all Sami children in their own language in the territory of the State party. 15 16 17 18 19 20 21 Communication No. 1457/2006, Poma Poma v. Peru, Views adopted on 27 March 2009. Articles 10, 14, 19, 24, 26, 28-29 and 31-32. See also Committee on the Elimination of Discrimination against Women, general recommendation No. 33 (2015) on women’s access to justice, and No. 34 (2016) on the rights of rural women, including the need for free prior and informed consent of rural women prior to implementing development projects. The Committee on the Rights of Persons with Disabilities is currently drafting a general comment on article 6 of the Convention on the Rights of Persons with Disabilities, on women with disabilities, including references to indigenous women. See www.ohchr.org/EN/HRBodies/CERD/Pages/EarlyWarningProcedure.aspx. See www.ohchr.org/Documents/HRBodies/CERD/EarlyWarning/Indonesia28092015.pdf. See http://tbinternet.ohchr.org/Treaties/CERD/Shared%20Documents/RUS/INT_CERD_ALE_RUS_ 7906_E.pdf. See http://tbinternet.ohchr.org/Treaties/CERD/Shared%20Documents/USA/INT_CERD_ALE_USA_ 8210_E.pdf. 7