The United Nations Declaration on the Rights of Indigenous Peoples A Manual for National Human Rights Institutions The Human Rights Committee has held that, for indigenous peoples, the right to culture can require that a range of other rights are also fulfilled. These can include the right to participate in customary activities;69 the right to access lands, territories and resources;70 the right to family;71 and the right to participate in decision-making processes that affect their cultural rights.72 The Committee on the Elimination of Racial Discrimination has called upon States to “recognize and respect indigenous distinct culture, history, language and way of life as an enrichment of the State’s cultural identity and to promote its preservation”, to “provide indigenous peoples with conditions allowing for a sustainable economic and social development compatible with their cultural characteristics” and to “ensure that indigenous communities can exercise their rights to practise and revitalize their cultural traditions and customs and to preserve and to practise their languages.”73 Further, the concept of indigenous spirituality is inherently connected to culture. Adopting policies that promote certain religions or prohibit indigenous spiritual practices, or the failure of laws or other governmental institutions, such as the police and courts, to respect indigenous spiritual practices, can undermine the right to culture. The Expert Mechanism has drawn attention to the right of indigenous peoples to repatriation of their ceremonial objects and human remains, which may require the cooperation of individuals and organizations where such remains are kept, including museums.74 The Special Rapporteur on the rights of indigenous peoples, while commending efforts to promote cultural diversity through policies and programmes that seek to support aesthetic aspects of cultural expression, has emphasized that States must similarly commit to recognizing cultural diversity in all its forms, including political and social structures, land use patterns and approaches to development.75 The Expert Mechanism has further highlighted that indigenous women and children are often holders of significant cultural knowledge.76 However, they can also be disproportionately affected by violations of the right to culture. In this regard, the Committee on the Rights of the Child has held that States may have to adopt special measures to facilitate the right to culture of indigenous children.77 In adopting such measures, States must pay heed to the significance of the collective nature of indigenous children’s enjoyment of their cultures and the need to include indigenous peoples in decisions about the best interests of indigenous children, including the need for cultural sensitivity.78 Language education is absolutely critical to the preservation of indigenous peoples’ cultures. It is important that effective measures are taken to preserve indigenous languages and that indigenous children be taught in their own language during the early school years and receive a multicultural education that does not devalue their indigenous cultural identity. 69 Lansman v Finland, Communication No. 511/1992, views adopted 26 October 1994. 70 Bernard Ominayak, Chief of the Lubicon Lake Band v Canada, Communication No. 167/1984, views adopted 26 March 1990. See also Human Rights Committee, general comment No. 23 (1993) on article 27 (the rights of minorities), paras. 3.2 and 7. 71 Hopu & Bessert v France, Communication No. 549/1993, views adopted 29 July 1997. 72 Mahuika v New Zealand, Communication No. 547/1993, views adopted 15 November 2000. The Human Rights Committee has held that the right to self-determination is inherently connected to the right to culture. The Committee held that in order to facilitate articles 1 and 27 of the International Covenant on Civil and Political Rights, States are required to give indigenous peoples greater influence in decision-making in matters that affect their natural environment, their means of subsistence and their culture. See Human Rights Committee, “Concluding Observations on the United States of America” (15 September 2006), para. 37; and Committee on Economic, Social and Cultural Rights, general comment No. 21 (2009) on the right of everyone to take part in cultural life, paras. 3, 7 and 36-37. 73 General recommendation No. 23 (1997) on indigenous peoples. 74 A/HRC/EMRIP/2012/3, paras. 56-61. 75 “The situation of indigenous peoples in Botswana” (A/HRC/15/37/Add.2), para. 30. 76 A/HRC/EMRIP/2012/3, para. 79. 77 Committee on the Rights of the Child, general comment No. 11 (2009) on indigenous children and their rights under the Convention. 78 Ibid. 14 | Chapter 2: The content of the Declaration: Equality and non-discrimination; cultural integrity; and collective rights