A/HRC/48/75
Constitutional Convention to be held in 2021, with calls for constitutional transformation, 122
the establishment of the Office for Māori Crown Relations in 2018, reform of the legislation
and institutions governing Māori land, the establishment of independent advisory groups in
a range of areas of importance to Māori, the indigenous restorative justice processes for
young people, including Rangatahi courts, and the reorientation of the first instance court
system, Te Koti-a-Rohe/District Court, to more appropriately reflect contemporary society’s
expectations of it.123
52.
Other States refer to the titling of indigenous land as a move towards selfdetermination. 124 Nicaragua has finalized the titling of almost 96 per cent of indigenous
territories in an effort to restore the rights of indigenous communities and communities of
African descent.125 In Ecuador, the unified project on access to land for family producers and
mass legalization has responded to requests received from 51 communes, communities and
centres belonging to the Kichwa, Shuar, Sapara, Shiwiar, Montubio, Manta Huancavilca and
peoples of African descent and nationalities and has allocated 485,721.75 hectares in 11
provinces of the country between 2011 and 2021. Ecuador refers to numerous other laws
adopted to support self-determination in the areas of health, autonomy, culture and
education.126
53.
The negotiations between Finland, Norway and Sweden concerning a Nordic Sami
Convention were completed in 2017, and a dialogue between the States and the Sami
Parliaments is ongoing. They expect to sign the Convention in 2021. The overall objective
of developing a Nordic Sami Convention is to secure the protection of human rights of the
Sami so that they can preserve and develop their languages, culture, livelihoods and social
life across national borders.127
X. Indigenous self-determination and the rights to culture,
language, ceremony, spirituality and sports and traditional
games
54.
The Expert Mechanism has previously described indigenous peoples’ cultures as
including tangible and intangible manifestations of their ways of life, achievements and
creativity. They are expressions of their self-determination and of their spiritual and physical
relationships with their lands, territories and resources. Indigenous culture is a holistic
concept based on common material and spiritual values and includes distinctive
manifestations in language, spirituality, membership, arts, literature, traditional knowledge,
customs, rituals, ceremonies, methods of production, festive events, music, sports and
traditional games, behaviour, habits, tools, shelter, clothing, economic activities, morals,
value systems, world views, laws and activities, such as hunting, fishing, trapping and
gathering.128 The preservation of linguistic and cultural diversity, as well as the preservation
of traditional, indigenous knowledge and biological biodiversity, can only be achieved by
guaranteeing the right to self-determination of indigenous peoples.129
55.
There is some evidence of indigenous communities mobilizing to revitalize cultural
practices. In Australia, “birthing on country” initiatives seek to promote maternal and
newborn health and well-being through cultural practices that were strengthened over
thousands of generations and have only relatively recently been disrupted by non-indigenous
intervention.130 In Ecuador, to conserve indigenous peoples agrobiodiversity, 22 seed houses
have been set up to produce and conserve genetic material linked to the customs and
122
123
124
125
126
127
128
129
130
16
Submissions from New Zealand and the Independent Monitoring Mechanism of New Zealand.
Submission from New Zealand.
See A/HRC/45/38.
Submission from the national human rights institution of Nicaragua.
Submission from Ecuador.
Submission from Sweden.
See A/HRC/21/53.
See E/C.19/2008/13.
Submission from Jumbunna; see also https://anmj.org.au/birthing-on-country-improving-indigenoushealth.