A/HRC/21/53
8.
Significant attention should be focused on understanding the historical and ongoing
impact of the denigration of, and discrimination against, indigenous cultures and languages,
which can led to social, mental and physical ill health. Policies to address the social,
mental and physical ill health of indigenous peoples cannot be divorced from an
understanding of indigenous peoples’ histories of marginalization and dispossession. In
many cases, the revitalization of indigenous cultures and languages, instilling pride in
indigenous peoples on account of their distinctiveness, can be beneficial in addressing
social problems associated with indigenous peoples’ loss of their cultures and languages.
9.
Where indigenous peoples’ cultures are alleged to discriminate against individual
members, the circumstances should be examined from the perspective of all the indigenous
individuals involved, taking into account indigenous philosophies and the alleged victims’
positions. In general, indigenous peoples should be supported in their efforts to address the
issues in the way that they choose. Unapproved non-indigenous interference in indigenous
cultures alleged to discriminate is not to be recommended unless sought by those who are
the alleged victims of the discrimination.
10.
Many of the ongoing threats to indigenous cultures and languages can be traced to
the impact of the private sector on indigenous peoples, as is too often the case when
indigenous peoples’ lands, territories and resources are exploited for business purposes. As
the Guiding Principles on Business and Human Rights clarify, business enterprises have the
responsibility to respect human rights, including indigenous peoples’ rights to languages
and cultures and traditional knowledge.
B.
States
11.
The protection and promotion of indigenous peoples’ languages and cultures
requires States to recognize them in their constitutions, laws and policies.
12.
Indigenous peoples have the right to cultural self-determination, including the right
to cultural autonomy, together with the right to advance their cultures within mainstream
societies. This right includes duties to obtain indigenous peoples’ free, prior and informed
consent when developing and implementing laws and policies related to indigenous
languages and cultures, including to promote indigenous peoples’ control over the
development of their languages and cultures and their traditional knowledge.
13.
States must take measures to protect indigenous peoples from discrimination and
violence, and from measures that would result in their forced assimilation.
14.
States, in partnership with indigenous peoples, must advance the protection,
promotion and respect for indigenous cultures, languages, traditions and customs. State
laws and policies addressing indigenous peoples’ languages and cultures must go beyond
symbolism and be effective in practice, setting out clear and practical methods to support
indigenous peoples in their own promotion and protection of their languages and cultures,
in accordance with their right to self-determination. This must include the allocation of
sufficient financial, legal and policy support for the learning of indigenous languages, the
teaching of indigenous cultural values and the training of indigenous educators. Also,
States must provide incentives for indigenous peoples to transmit their languages and
cultures to younger generations, recognition of place names in indigenous languages,
strategic plans for implementing public awareness campaigns about indigenous cultures and
languages, incorporating indigenous language and cultures in relevant media, publishing
books (for example, textbooks) and establishing immersion and bilingual schooling.
15.
States are encouraged to create an environment of tolerance and understanding
where indigenous peoples’ languages and cultures are celebrated within the State,
promoting an understanding of the value of cultural difference within the society at large.
21