A/HRC/21/55
Such patterns contrast with indigenous peoples‟ traditional models of development and are
rooted in a lack of recognition of indigenous peoples‟ international human rights. 6
16.
The link between the rights of indigenous peoples to culture and to sustainable
development models has been commented upon by the Human Rights Committee in
relation to article 27 of the International Covenant on Civil and Political Rights:
Culture manifests itself in many forms, including a particular way of life associated
with the use of land resources, especially in the case of indigenous peoples. That
right may include such traditional activities as fishing or hunting and the right to live
in reserves protected by law. The enjoyment of those rights may require positive
legal measures of protection and measures to ensure the effective participation of
members of minority communities in decisions which affect them. 7
17.
The Permanent Forum on Indigenous Issues has also linked violations of cultural
and treaty rights to unsustainable development, in particular, policies and programmes that
ignore the cultural integrity, treaty relationships and rights of indigenous peoples and that,
as a consequence, have had negative effects on their lives and livelihoods.8 It outlines
several solutions to unsustainable development that can be instructive for indigenous
peoples, States and extractive industries. These include promoting self-determination
through collective economic activities, maintaining the integrity of indigenous governance,
implementing models of development where the intended outcome is considered in terms of
improving the quality of life, enriching the notion of balance with Mother Earth, and
promoting spiritual practices and the knowledge institutions of indigenous peoples
(E/C.19/2010/14, para. 28).
18.
Related to the promotion of indigenous peoples‟ development with culture and
identity is the promotion of treaty rights and treaty principles in accordance with articles 3,
32, 37, preambular paragraphs 7, 8, 14, 15 of the United Nations Declaration on the Rights
of Indigenous Peoples and the Declaration on the Right to Development (E/2010/43E/C.19/2010/15, para. 7).
19.
Indigenous peoples have proclaimed several declarations that are relevant to
development.9 These all seek balance and harmony and merit particular consideration for
implementation. For example, the Manila Declaration 10 states:
6
7
8
9
6
In State of the World’s Indigenous Peoples (United Nations publication, Sales No. 09.VI.13), the
authors state:
In many regions, the experience of indigenous peoples has been „that inadequate legal
frameworks resulted in disruption to their traditional land tenure and use patterns,
fragmentation and loss of traditional land, changes in settlement patterns, privatization of
communal lands, degradation of land and/or resources, lack of recognition of territorial rights,
insufficient and inequitable land allocation, lack of effective mechanisms for conflict
resolution, inefficient land registers, and difficult procedures for land demarcation and titling.
These factors have generated local tensions over land tenure and lack of access to productive
lands, which impact on the economic and socio-cultural stability of indigenous peoples and
their communities‟ (p. 87).
…
Indigenous peoples feel that many development policies are either directly or indirectly
geared toward weakening or eradicating their traditional modes of production. (p. 88)
Communication No. 1457/2006, Poma Poma v. Peru, Views adopted on 27 March 2009, para. 7.2.
E/C.19/2010/14, para. 23.
For example, see the Cochabamba Peoples‟ Agreement and the Universal Declaration on the Rights
of Mother Earth, as well as the Bemidji Statement on Seventh Generation Guardianship and the
Precautionary Principle.
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