A/59/258
Human Rights and other bodies have received numerous communications to this
effect.
38. Beyond respect for their human rights, indigenous organizations also claim the
right to political representation as indigenous peoples at the national level, an issue
which may or may not be compatible with existing political structures. The insistent
demand for some form of autonomy is not always met by existing legislation,
although this has been achieved in some countries. A case in point is the
Constitution of the Philippines, which recognizes the right of the Muslim and
Cordillera peoples to self-determination in the form of autonomy, but the latter are
still awaiting the creation of their autonomous region. In Mexico, the Constitution
establishes the right of indigenous peoples to self-determination in the form of
autonomy and makes the state governments responsible for promulgating the
necessary legislation, a procedure which has been challenged by indigenous
organizations. While the constitutional reform took place in 2001, there has been no
progress in the area of indigenous peoples’ autonomy to date. Indigenous peoples’
territorial entities or reservations are defined as autonomous units in the Colombian
Constitution, but their administrative integration has not yet been achieved. Some of
Panama’s indigenous regions are autonomous.
39. International opinion remains divided on the question of whether the principle
of the right of peoples to self-determination is applicable to indigenous peoples; this
is one of the reasons for the lack of progress on the draft declaration on the rights of
indigenous peoples. The international movement of indigenous peoples is calling —
rightly, in the Special Rapporteur’s view — for this right to be recognized and
respected, but various reasons of State have been brandished by their opponents in
yet another episode of the old debate between human rights and State interests.
F.
Education and culture
40. Mention must be made in the first place of the importance of language to the
identity of any people. Language is not only a medium of communication, but also a
crucial element in the structuring of thought processes and in providing meaning to
the natural and social environment of any person in his or her society. Indigenous
language communities provide their members with the full range of cultural
meanings attached to the use of a shared idiom. Most indigenous languages are very
ancient and while they have undergone changes, they are transmitted from
generation to generation and thereby help preserve the continuity of a language
community and its culture.
41. Language rights are an essential element of the cultural rights that all persons
enjoy under international human rights standards. The right to one’s own language
pertains not only to individuals, but also to communities, nations and peoples. If a
language community is denied the collective and public use of its language (for
example, in schools, the media, the courts and the administration), then any
individual’s right to this language is severely curtailed. Therefore, language rights
are nowadays proclaimed as human rights, which entail respect, promotion and
promotion by others and especially by State authorities. Numerous States have now
adopted legislation concerning the protection of regional, minority or indigenous
languages, as New Zealand has done with the Maori language.
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