A/HRC/15/34
particular way of life, including their means of subsistence, the loss of their natural
resources and, ultimately, their cultural identity.
75.
The general comment also underlines that States parties must take measures to
recognize and protect the rights of indigenous peoples to own, develop, control and use
their communal lands, territories and resources, and, where they have been otherwise
inhabited or used without their free and informed consent, take steps to return these lands
and territories. Indigenous peoples have the right to act collectively to ensure respect for
their right to maintain, control, protect and develop their cultural heritage, traditional
knowledge and traditional cultural expressions, as well as the manifestations of their
sciences, technologies and cultures, including human and genetic resources, seeds,
medicines, knowledge of the properties of fauna and flora, oral traditions, literature,
designs, sports and traditional games, and visual and performing arts.
76.
The Committee further clarified that States parties should respect the principle of
free, prior and informed consent of indigenous peoples in all matters covered by their
specific rights. In particular, States parties should obtain their free and informed prior
consent when the preservation of their cultural resources, especially those associated with
their way of life and cultural expression, are at risk.
77.
In its consideration of reports by State parties, the Committee expressed concerns
about the adverse effects of the exploitation of natural resources, particularly mining
operations and oil exploration in indigenous territories, which were carried out in violation
of the rights of indigenous peoples with regard to their ancestral lands and natural resources
and recommended to State parties concerned to protect the cultural identity and ancestral
lands of the indigenous peoples affected and ensure that forest concessions do not deprive
indigenous peoples of their enjoyment of their economic, social and cultural rights.
78.
The Committee further deplored the persisting inequalities and social injustice faced
by indigenous peoples in a number of countries, in particular in accessing employment and
education and recommended that State parties concerned take specific measures to protect
the rights of indigenous peoples.
79.
Based on its review of State parties’ reports, the Committee on the Rights of the
Child has observed that, in implementing their obligations under the Convention, many
States parties give insufficient attention to the rights of indigenous children and to the
promotion of their development. It subsequently adopted in 2009 a general comment No. 11
on indigenous children and their rights under the Convention. General comment No. 12 on
the right of the child to be heard also addresses indigenous issues.
80.
General comment No. 11 underscores the importance of the child to be registered, to
bilingual education, to health, to the enjoyment of culture, religion ands language, and to
participation. It highlights the need for data collection to be disaggregated to enable
possible discrimination to be identified and urges State parties to ensure that indigenous
children have access to culturally appropriate services in areas of health, nutrition,
education, recreation and sports, social services, housing, sanitation and juvenile justice.
81.
The general comment also calls upon State parties to adopt special measures in order
to guarantee the effective exercise of the rights of indigenous children. State parties are
required to consult the indigenous community as regards legislation, policies and
indigenous children and give them an opportunity to participate in the process on how the
best interests of indigenous children in general can be decided in a culturally sensitive way.
Such consultation should, to the extent possible, include meaningful participation of
indigenous children.
82.
General comment No. 12 on the right of the child to be heard also address the rights
of indigenous children. It calls upon State parties to make efforts to recognize the right to
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