Part I The United Nations Declaration on the Rights of Indigenous Peoples: Background, content and implementation 2. DISTINCT IDENTITY AND CULTURAL INTEGRITY Indigenous peoples’ culture is a defining part of their identity. In many cases, the impact of assimilationist policies on indigenous peoples’ languages and cultures has been extremely harmful, threatening the continuing cultural existence of indigenous peoples. The Declaration provides for the protection of the distinct identity and cultural integrity of indigenous peoples through: • The right to maintain and strengthen their distinct cultural institutions60 • The right to belong to an indigenous community or nation in accordance with the customs of the community or nation concerned61 • The right to practice, revitalize and transmit their cultural traditions and customs62 • The right to control their education systems and institutions providing education in their own languages63 • The right to promote, develop and maintain their institutional structures, customs, spirituality, traditions and juridical systems64 • The right to maintain, control and develop their cultural heritage and traditional knowledge65 • The right not to be subjected to forced assimilation or destruction of their culture.66 In this context, it is worth noting that article 8 (j) of the Convention on Biological Biodiversity requires States to “respect, preserve and maintain knowledge, innovations and practices of indigenous and local communities embodying traditional lifestyles relevant for the conservation and sustainable use of biological diversity and promote their wider application with the approval and involvement of the holders of such knowledge, innovations and practices and encourage the equitable sharing of the benefits arising from the utilization of such knowledge, innovations and practices”. States are also under an obligation to take action to prevent and provide redress for any action that deprives indigenous peoples of their integrity as distinct peoples, their cultural values or ethnic identities and any form of forced assimilation or integration.67 The Expert Mechanism has provided the following non-exhaustive definition of indigenous culture: Indigenous peoples’ cultures include tangible and intangible manifestations of their ways of life, achievements and creativity, are an expression of their self-determination and of their spiritual and physical relationships with their lands, territories and resources. Indigenous cultures 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, cosmovisions, laws, and activities such as hunting, fishing, trapping and gathering.68 60 Article 5. 61 Article 9. 62 Article 11. 63 Articles 14 and 15. See also A/HRC/EMRIP/2012/3. 64 Article 34. 65 Article 31. 66 Article 8 (1). 67 Article 8 (2). 68 A/HRC/EMRIP/2012/3, paras. 51-52. See also Human Rights Committee, general comment No. 23 (1993) on article 27 (the rights of minorities), para. 7; and Committee on Economic, Social and Cultural Rights, general comment No. 21 (2009) on the right to culture, para. 10. Chapter 2: The content of the Declaration: Equality and non-discrimination; cultural integrity; and collective rights | 13