A/79/299 amateurs. 72 In its response, the Government does not address the issue from a human rights perspective, misinterprets secularism as a justification for banning expressions of religion or belief and discriminates indirectly against women wearing the hijab. The Special Rapporteur also stresses the importance of respecting women’s and girls’ bodily autonomy and agency, as well as their free, informed choices, while firmly rejecting any form of coercion or imposed modesty codes stemming from patriarchal oppression. 82. Particular care must be taken to identify and address intersectional discrimination, and it must be recognized that solutions may require additional resources or novel answers. In all such responses, the voices of the persons affected must prevail. 6. Discrimination based on indigeneity: Indigenous rights to participate in sports 83. Indigenous Peoples have the right to participate in all sports without discrimination, as well as the right to practice, maintain and develop their own sports. Unfortunately, cultural barriers, discrimination, and socioeconomic marginalization act as obstacles to the materialization of their rights. Language differences, cultural norms related to gender roles and physical activity, and a lack of culturally relevant sports programmes often hinder participation in grass-roots sports. Those hindrances lead to the absence of Indigenous representation in coaching, sports management and leadership positions, often also maintained because of stereotypes, and limit mentorship and role models for Indigenous youth. 84. Traditional Indigenous sports and games, deeply rooted in traditional cultures, play a crucial role in preserving and transmitting traditions to future generations, but are often lacking in support and resources. Featuring Indigenous sports in general sports programmes fosters a strong sense of cultural identity and pride, particularly among youth, and the success of Indigenous athletes can inspire communities, challenge stereotypes and promote positive representations of Indigenous cultures. Colombian national sports programmes, for example, include traditional games and martial arts of Afro-Colombian and Indigenous communities, such as lucha libre (traditional wrestling). 85. Increasing Indigenous involvement in sports should be framed by consent and respect, involving the free, prior and informed consent and leadership of Indigenous communities. Engaging in meaningful collaboration ensures respectful and accurate representation, which is particularly important for the use of Indigenous symbols, imagery and names in sports. The use of such cultural resources without consent, as well as the commercial use of cultural symbols without economic benefit to the communities concerned, constitute cultural misappropriation, perpetuating stereotypes and commodifying Indigenous cultures. Direct compensation, scholarships and community development funds are good examples of benefit-sharing with Indigenous communities. 86. The appropriate use of Indigenous symbols and names in sports can honour and celebrate Indigenous cultures, enhancing visibility and appreciation, as in the case of performances of the haka, a traditional Māori war dance, by the New Zealand national rugby team. 73 __________________ 72 73 24-14354 See communication AL FRA 13/2023 (27 October 2023) and the response of the Government of France (22 December 2023). See also Amnesty International, “France: ‘We can’t breathe anymore. Even sports, we can’t do them anymore’. Violations of Muslim women’s and girls’ human rights through hijab bans in sports in France”, 16 July 2024 (available at www.amnesty.org/en/documents/eur21/8195/2024/en/). See www.newzealand.com/int/feature/haka/. 21/24

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