Culture as Basic Component of Indig- enous Idenity

RIGHTS AIPP AIPP Regional Capacity Building Program - Training Manual on the UNDRIP 102 language, their way of thought, their way of life – their ways of viewing, approaching and relating with their particular environment and with the world in general. Culture distinguishes them as a people; it is integral to, and a basic component of their identity. As recognized in the UNDRIP itself, the cultural rights of indigenous peoples are inseparable from their rights to the lands and territories in which they have evolved and continue to practice their cultures. Cultural rights are also inseparable from the right to self-determination because indigenous peoples’ cultures are inextricable from their economic systems and their systems of self-government.

B. The Cultural Rights of Indigenous Peoples

For the purpose of spelling out the various rights of indigenous peoples, however, we dis- tinguish cultural rights as: • the freedom of indigenous peoples to persist in, also to develop, their own » language; » worldview, religion or belief system and spiritual traditions, philosophy and ethical system; » knowledge and learning systems, science and technology; » customs, practices or habitual ways of doing things; » music, performing arts, literature, visual and other arts; • the right to the recognition of their “ownership” or “authorship” of the above; • the right to their heritage as embodied by and transmitted through their: » history and oral traditions; » artifacts and archaeological sites; » education in these and in their culture as a whole; • the right to respect their culture and its integrity – to respect these for what they are; » the right not to be forced or pressured into acculturation – i.e., to being assimilated or integrated into another, usually more dominant, culture and, in the process, losing their own; » the right not to be discriminated against; » the right not to have their culture, or even just aspects of it, prostituted; • the right to legal redress for preventing or stopping the violaton of the above, and for resti- tution including restoration or reparation for ongoing or past violations.

C. Cultural Rights in Internaional Instruments Prior to UNDRIP

Some cultural rights were already provided for in international instruments that preceded the UNDRIP – specifically: • the International Convention on the Elimination of All Forms of Racial Discrimination, 1965, but the definition and protection of cultural rights were not yet adequately developed in this instrument; and Module-5 RIGHTS AIPP AIPP Regional Capacity Building Program - Training Manual on the UNDRIP 103 • the International Covenant on Social, Economic and Cultural Rights, 1966, but the instru- ment did not explicitly address indigenous peoples’ cultural rights.

II. CULTURAL RIGHTS IN THE UNDRIP

The UNDRIP provides for cultural rights as follows.

A. In the Preamble PP2

Affirming that indigenous peoples are equal to all other peoples, while recognizing the right of all peoples to be different, to con- sider themselves different, and to be respect- ed as such, PP3 Affirming also that all peoples contribute to the diversity and richness of civilizations and cultures, which constitute the common heritage of humankind, PP4 Affirming further that all doctrines, policies and practices based on or advocating superior- ity of peoples or individuals on the basis of national origin or racial, religious, ethnic or cultural differences are racist, scientifically false, legally invalid, morally condemnable and socially un- just, PP5 Reaffirming that indigenous peoples, in the exercise of their rights, should be free from dis- crimination of any kind, PP7 Recognizing the urgent need to respect and promote the inherent rights of indigenous peo- ples which derive from their political, economic and social structures and from their cultures, spiritual traditions, histories and philosophies, especially their rights to their lands, territories and resources, PP11 Recognizing that respect for indigenous knowledge, cultures and traditional practices con- tributes to sustainable and equitable development and proper management of the environment. . .

B. In the Succeeding Articles Article 8

1. Indigenous peoples and individuals have the right not to be subjected to forced assimila- tion or destruction of their culture. 2. States shall provide effective mechanisms for prevention of, and redress for: a. Any action which has the aim or effect of depriving them of their integrity as distinct peoples, or of their cultural values or ethnic identities; Present a list of the relevant UNDRIP pro- visions. Involve participants in reading the provisions. Discuss and elaborate on each provision. Suggested Method Module-5