58 Committee on Economic, Social and Cultural Rights, General Comment No. 21: Right of everyone to take part in cultural life (art. 15, para. 1 (a), of the International Covenant on Economic, Social and Cultural Rights), UN Doc E/C.12/GC/21, (21 December 2009). 59 Ibid, (21 December 2009) at [36]. 60 Articles 19 and 32(2) of the Declaration. 61 Expert Mechanism on the Rights of Indigenous Peoples, Progress report on indigenous peoples and the right to participate in decision-making: Report of the Expert Mechanism on the Rights of Indigenous Peoples, UN Doc A/HRC/EMRIP/2010/2, (23 August 2010) at [2]. 62 Expert Mechanism on the Rights of Indigenous Peoples, Final study on indigenous peoples and the right to participate in decision-making: Report of the Expert Mechanism on the Rights of Indigenous Peoples, UN Doc A/HRC/EMRIP/2011/2 (26 May 2011) at Annex [3]. Expert Mechanism on the Rights of Indigenous Final report of the study on indigenous peoples and the right to participate in decision-making: Report of the Expert Mechanism on the Rights of Indigenous Peoples, UN Doc A HRC/18/42 (17 August 2011) at [3]. 63 Committee on Economic, Social and Cultural Rights, General Comment No. 21: Right of everyone to take part in cultural life (art. 15, para. 1 (a), of the International Covenant on Economic, Social and Cultural Rights), UN Doc E/C.12/GC/21, (21 December 2009) at [37]. 64 Expert Mechanism on the Rights of Indigenous Peoples, Free, prior and informed consent: a human rightsbased approach – Study of the Expert Mechanism on the Rights of Indigenous Peoples, UN Doc A/HRC/39/62, (10 August 2018) at [13]. 65 Ibid, (10 August 2018) at [40]. 66 Ibid, (10 August 2018) at [41]. 67 Ibid, (10 August 2018) at [12]. 68 Ibid, (10 August 2018) at [5]. 69 Expert Mechanism on the Rights of Indigenous Peoples, Final report of the study on indigenous peoples and the right to participate in decision making: Report of the Expert Mechanism on the Rights of Indigenous people, UN Doc A/HRC/18/42 (17 August 2011) Annex at [9]. 70 Ibid, (17 August 2011) Annex at [9]. 71 Ibid, (26 May 2011) at [9]. 72 Expert Mechanism on the Rights of Indigenous Peoples, Free, prior and informed consent: a human rightsbased approach – Study of the Expert Mechanism on the Rights of Indigenous Peoples, UN Doc A/HRC/39/62, (10 August 2018) at [15]. 73 Ibid, (10 August 2018) at [15]. 74 Ibid, (10 August 2018) Annex at [11]. 75 Ibid, (10 August 2018) Annex at [9]. 76 The Declaration, Article 28. 77 Waitangi Tribunal, Report of the Waitangi Tribunal on the Manukau Claim (WAI-8, 1985) at 35. 78 Waitangi Tribunal Report on the Crown’s Foreshore and Seabed Policy (Wai 1071, 2004). 79 Waitangi Tribunal, Principles of the Treaty, (19 September 2016). <https://www.waitangitribunal.govt.nz/treaty-of-waitangi/principles-of-the-treaty/> 80 The Declaration, Article 28. 81 Hopu and Bessert v France, Human Rights Committee, Communication No. 549/1993, UN Doc CCPR/C/60/D/549/1993/Rev.1. (29 July 1997) found that the construction of the hotel complex that would destroy indigenous peoples ancestral burial ground breached their rights and they were entitled to an appropriate remedy. 82 Sawhoyamaxa Indigenous Community v Paraguay (Merits, reparations and costs) (2006) 146 IACHR (Series C) (IACtHR) at [128]. Here the Court held the right to restitution of lands not possessed by indigenous persons continued so long as spiritual and material basis for indigenous identity is mainly supported by their 28