40 Chapter 4 | LEGAL FRAMEWORK OF INDIGENOUS PEOPLES’ RIGHTS TO LAND Consequently, States may be required to take positive measures to protect both minority groups and their members’ rights to culture, language, and religion.72 4.22 Culture, according to the UN Human Rights Committee, is expressed in a variety of ways, ‘including a particular way of life associated with the use of land resources, especially in the case of indigenous peoples.’73 As a result, positive measures authorizing, for example, the right to practise traditional activities, such as hunting and fishing, and ‘the right to live in reserves protected by law’ may be required.74 A State’s positive measures must ‘ensure the effective participation of members of minority communities in decisions which affect them.’75 The aim of protecting Article 27 rights is to ensure ‘the survival and continued development of the cultural, religious and social identity of the minorities concerned, thus enriching the fabric of society as a whole.’76 International Covenant on Economic, Social and Cultural Rights (ICESCR) 4.23 Article 11(1) of ICESCR talks about the right to adequate housing, which, the Committee on Economic, Social and Cultural Rights in its general comments77 expanded the meaning to include forced evictions from their lands. It further States that indigenous peoples are often discriminated with regard to evictions and urged States to ensure that such activities do not take place.78 ILO Convention No. 169 4.24 Like the Declaration and the Committee’s interpretation of Article 27 of the ICCPR, ILO Convention No.169 contains protections for indigenous customs and land rights and requirements for indigenous participation in decisions affecting those rights.79 Article 4 of ILO Convention No. 169 requires States to adopt measures to secure indigenous peoples’ property, institutions, and cultures, consistent with the desires of the community concerned. Article 5 requires that indigenous social, cultural, religious and spiritual values and practices be recognised, protected, and respected in applying the Convention. 4.25 Article 8(1) requires State parties to have ‘due regard’ for indigenous customs and customary laws in applying national laws and regulations. Article 8(2) secures the right of indigenous peoples to their customs and institutions. Article 9 requires State parties to respect traditional indigenous procedures for addressing criminal offences. Article 23(1) requires State parties to recognise the importance of community-based, subsistence economies and traditional activities, such as hunting, fishing, trapping and gathering, in maintaining indigenous culture and economic self-sufficiency and development. State parties must ‘ensure that these activities are strengthened and promoted.’ 4.26 Article 6(1)(a) requires State parties to consult with indigenous peoples on legislation or administrative measures that may affect their interests. Consultations with indigenous peoples 72 Ibid 73 Ibid 74 Ibid 75 Ibid 76 Ibid 77 ICESCR, General Comment 7. 78 Ibid 79 Convention (No. 169) Concerning Indigenous and Tribal Peoples in Independent Countries, adopted 27 June 1989 (entered into force 5 September 1991), International Labour Organization, ILOLEX Database of International Labour Standards <http://www. ilo.org/ilolex/cgi-lex/convde.pl?C169 > at 1 February 2007. chapter 4_a4.indd 40 7/5/13 6:46 PM