A/HRC/45/35 (a) Partnerships between indigenous communities, collecting institutions and governments are key to support the return of cultural heritage; (b) Indigenous communities must be at the heart of the repatriation process; (c) Returning cultural heritage supports cultural maintenance, restoration and revitalization; (d) healing; Returning cultural heritage is an important mechanism for reconciliation and (e) Partnerships between indigenous communities and overseas collecting institutions are key to ensure the ongoing access to and appropriate presentation of cultural heritage.64 82. Indigenous peoples have adopted policies or frameworks for the protection and repatriation of ceremonial objects and human remains. The Grand Council of the Waban-Aki Nation in Canada has developed a protocol for the management of human remains and archaeological finds on their territory. Based on community participation, the protocol is an important reference document for community decision-making on cultural heritage issues, despite limited territorial scope and legal force.65 83. In Australia, the Victorian Aboriginal Heritage Council, consisting of up to 11 traditional knowledge owners, is mandated under the Victorian Aboriginal Heritage Act of 2006 to oversee management and protection of cultural heritage for the indigenous peoples of the State of Victoria. The Act establishes procedures and timelines and provides for fines and other penalties in connection with the management of cultural heritage. The strengths of this framework include the empowerment of indigenous peoples to oversee repatriation processes, its role in restoring custody to rightful owners, and the strong penalties to ensure compliance. Nevertheless, there are territorial limitations, as the Act applies only within the State of Victoria.66 VI. Conclusions and recommendations: developing international guidance and processes 84. The General Assembly, in its resolution 69/2, in response to advocacy from indigenous peoples, committed themselves to developing, in conjunction with the indigenous peoples concerned, fair, transparent and effective mechanisms for access to and repatriation of ceremonial objects and human remains at the national and international levels. 85. In addition, in its resolution 42/19, the Human Rights Council encouraged the development of a process to facilitate the international repatriation of indigenous peoples’ sacred items and human remains through the continued engagement of all relevant stakeholders in accordance with their mandates. The Council emphasized the importance of partnerships and specific roles for UNESCO, WIPO and the mechanisms of the United Nations that focus on indigenous peoples. The Expert Mechanism calls on Member States and all stakeholders to heed the calls of the General Assembly and the Human Rights Council for the development of such processes and mechanisms. 86. A framework for the international repatriation of ceremonial objects, human remains and intangible cultural heritage should be firmly based on the United Nations Declaration on the Rights of Indigenous Peoples, in particular the rights to equality, non-discrimination, self-determination, participation and consultation, pursuant to articles 2, 3, 8, 18 and 19. All stakeholders must take a human rights-based approach to indigenous peoples’ repatriation claims in order to effectuate remedies and promote the living cultures, religions, spiritualities, technologies and other rights of indigenous peoples, pursuant to articles 11, 12 and 31. There is a wealth of examples of museums, universities and other institutions and indigenous peoples finding common ground as caretakers of ancestral remains and ceremonial objects and learning about one 64 65 66 Submission from Australia. Submission from Grand Conseil de la Nation Waban-Aki (in French). Submission from the Victorian Aboriginal Heritage Council. 17