Imagine a world where entire families are evicted from their own land, budding young ones are taken away from their families compelled to speak a foreign tongue, and disassociate themselves from their culture, simply because they were different. Billions of Indigenous people had to endure such a harsh reality. So why are culture and “cultural rights” so vital for Indigenous people? What is the requirement for a global framework to recognize their rights? This essay seeks to answer these questions and enlighten its readers about the role of international law in navigating the plane of “cultural rights” for Indigenous people.
“Cultural rights” are the right of every individual of a community to guard and follow their culture, its rituals, and practices. This encompasses not only the right to guard their culture, legacy, and vernacular but also the right to acquire and tap into their cultural goods. This “cultural right” is essential for Indigenous people, as they exist in close communion with their culture and nature. Who are Indigenous people, and what is their method of survival? Indigenous people are a cluster of people who have a unique connection to their land, follow a unique culture and belief, and converse in their native language. There are about 370 million Indigenous people throughout the globe, who highly rely on their environment for their survival, thus any minor change could endanger it.[1]It all started with colonization.
Around the globe due to colonization, culture was forced upon colonies, and a colony’s culture was considered inferior to the colonizer’. This infiltrated society in many ways, such as the setting up of boarding schools in various nations funded by the government. Unlike the boarding schools we know today, these schools forcefully split young children from their kin, prohibited them from speaking their tongue, and deprived them of any connection to their culture. This was the residential school situation of First Nations children in Canada and Stolen generations in Australia.[2]
Zitkala-Sa, a Native American writer and activist who attended the Carlisle Indian School, said in her book, “They called it an education, but it was anything but that, they took away everything that made me who I am, we were stripped of our identity and forced to conform to their ways, it felt like erasing a part of myself.” describing her agonizing memories at the residential school.[3]
Another atrocity that Indigenous people endured was eviction from their own ground. A study showed that 99% of the Continental US’s historic resources Indigenous people lost were due to European colonization and US expansion. A study revealed that 33% of forests occupied by Indigenous people were either plundered, polluted, or sold.[4]
Taking this into consideration, the “Universal Declaration of Human Rights” (UDHR) was the very 1st global framework that acknowledged “cultural rights” and was signed in 1948 by 193 nations of the UN. The UDHR assures the right to partake in the cultural happenings of the circle without restraint.[5] Though it doesn’t explicitly talk of Indigenous people, it universally ensures the rights of all of mankind. Subsequently, in 1966 to strengthen its existing structure, the UN introduced the “International Covenant on Civil and Political Rights” (ICCPR). Article 27 of the ICCPR, established the right of minorities to benefit from their culture and spread their religious ideologies and speak one’s own language. It is critical to understand that more often than not, Indigenous people constitute the minority in nations.[6]
Following this, the first convention to grant “cultural rights” to Indigenous people and help maintain their cultural distinctiveness was the International Labour Organisation’s (ILO) “Indigenous and Tribal Peoples Convention”, No. 169, under Article 5. Additionally, it talks about the involvement of Indigenous people in policy formulation to ensure fair participation;
this was furthered in Articles 7 and 8. Further, a significant agreement of the UN that guarantees every man the right to engage in cultural events to sustain, grow, and diffuse science with culture is the “International Covenant on Economic, Social, and Cultural Rights” (ICESCR), 1966.[7]
But these were not enough, as Indigenous people still faced hindrances in exercising their “cultural rights,” especially their “right to land” and spiritual connection to nature, their right to follow their customs, and most importantly, their “right to self-determination”. Thus, the necessity to address the problem using a specialized global legal structure for Indigenous people arose.
The monumental step towards this worldwide structure was taken in 1982. As a consequence, of a study conducted by special rapporteur José Ricardo Martinez Cobo, the UN’s “Economic and Social Council” (ECOSOC) formed a “Working Group on Indigenous People” (WGIP) for laying the least acceptable benchmark.
The WGIP framed the 1st draft resolution for the framework in 1994. The UN after much discussion and deliberation this draft was adopted as the “United Nations Declaration on the Rights of Indigenous Peoples” (UNDRIP) in 2007. The UNDRIP is a novel global framework that consolidated the rights of Indigenous people, thus recognizing it. It plays a very important part in safeguarding Indigenous people’s “Individual and Collective rights”. The UNDRIP includes forty-six articles that codify Indigenous people’s rights to face contemporary socio-economic, political, and cultural issues.[8]
Firstly, the UNDRIP identifies Indigenous people as equals and affirms their right to benefit from their liberty without any bias. Secondly, it reaffirms the right to “self-determination
politically, economically, socially, and culturally for growth as under Article 3.[9] This is prodigious as it empowers Indigenous people with the non-negotiable core “Right to self-determination”. Another important right enshrined in the UNDRIP is Article 5, which states that Indigenous people can partake in all aspects of the state.[10] This is crucial as it offers Indigenous people a distinctive dual identity that promotes socio-political inclusivity while protecting their special identity.
Despite several legal frameworks to ensure the “cultural rights” of Indigenous people are upheld, there exist modern problems that undermine them. One of the hurdles is, that though these frameworks are adopted by member nations, they are not ratified, i.e., they are not integrated into the country’s legislation. It is deeply saddening to note that only 32 member nations have adopted the ILO’s 169th Convention, though the ILO has 187 member nations.[11] Another astonishing fact is that the UNDRIP, a paramount global agreement for the rights of Indigenous people, is non-legally binding, i.e., there is no legal duty for countries involved to guarantee the Indigenous people’s rights.
Another major issue takes root from the sacred connection Indigenous people share with nature and this plays a significant part in their sustenance and heritage. Under, Article 25 of the UNDRIP Indigenous people have the right to maintain a distinctive sacred relation with their ground, waters, etc.[12] Not to mention Article 10 of the UNDRIP prevents ‘forced eviction’ or relocation of Indigenous people without “Free, Prior, Informed Consent” (FPIC).[13]But to date, “land rights and land dispossession” remain a major challenge that Indigenous people endure. In Norway, wind turbines were constructed in the reindeer herding lands of the Sámi people
without FPIC infringing on their rights, this issue was moved to court. Despite the Supreme Court of Norway directing for the turbines to be removed, they have not been dismantled and this has caused tension in the region.[14] This brings out the need for the integration of the FPIC in the state’s statutory law to ensure the right of Indigenous people to their ancestral property is acknowledged and stringent enforcement is ensured. And with regard to historically confiscated property, nations, with the aid of international organizations, can adopt restitution programs to return or compensate for ancestral property.
In a similar manner, climate change is also a growing threat to the “cultural rights” of Indigenous people hindering the special bond they share with nature. For instance, the rapidly melting glaciers of the Arctic are a continual threat to the culture and livelihood of the Inuit group. To withstand these atmospheric changes, intergovernmental organizations should include Indigenous people in “Global climate governance” to ensure their fair representation, as it ultimately affects them. Additionally, they must also fund Indigenous people’s Climate Adaption strategies to restore local ecosystems. Another study on deforestation in the Amazon Forest revealed increasing trends and this has been constantly challenged with lawsuits as it violates the “cultural rights” of Indigenous people, but these often draw out unsuccessful.
Another major challenge is inadequate political representation of Indigenous people in society, in spite of the UNDRIP securing the right to partake in the politics of the country.[15] While they can contribute to state politics, UNDRIP’s Article 20 also gives Indigenous people the right to create their own socio-economic and political institutions.[16] However, the lack of representation in state politics would lead to exclusion from policy decisions and thus marginalization. It is shocking to note only 2 percent of parliamentarians across the globe are Indigenous people, that is 1 in 45 people, moreover 80 percent of them are men.[17] The UN has
continually advocated for “full, meaningful representation and involvement in decision-making processes” to ensure the actual realization of Indigenous rights.[18]To full political representation, countries must create constitutional guarantees by allotting or reserving a particular number of seats in the parliament for Indigenous people. In addition to that, the “UN Permanent Forum on Indigenous Issues” must continue to champion Indigenous people’s voices at both domestic and international levels.
Yet another heavily debated issue when it comes to the Indigenous culture is Cultural appropriation. So, how is cultural appropriation distinguished from cultural appreciation? And why is this distinction very important? Cultural appropriation is when authentic features of a culture (particularly a non-dominant culture) are employed in a way that is disrespectful to the culture, reinforces a stereotype, or is misrepresentative of the original meaning. Often, cultural appropriation is not credited to the original culture, and it involves profiting from the authentic culture, traditions, attire, and language. Cultural appreciation, on the other hand, is honouring a culture through the respectful borrowing of elements of a culture. This deepens one’s understanding of a specific culture and helps create a collaborative and open-minded society. This fine line of difference between the two is important, as it can pose to be highly insensitive to Indigenous people and their culture. Thus, it is key to create awareness of the harmful effects of cultural appropriation and commodification of Indigenous culture.[19]
There are numerous cases of cultural appropriation in fashion, art, and architecture. In one such instance, the Maasai Group, a semi-nomadic tribe in East Africa, was exploited, wherein several companies have been making use of their name, brand, and image without permission, and on another instance, the Redskin NFL team’s mascots were boycotted for being offensive to Native Americans.[20] This raises the requisite to preserve the Indigenous culture and wisdom from appropriation through the ultimatum of “Intellectual Property Rights” (IPR) for the Indigenous people.
The UNDRIP provides certain rights to Indigenous people regarding “Intellectual Property” (IP) that is Article 11 puts forth the right to seek redressal for IP utilized without FPIC and Article 31 the right to hold IP related to heritage, traditional know-how, and cultural expression.[21] The “World Intellectual Property Organization” (WIPO), in 2000 formed the “Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge, and Folklore” (IGC), which has facilitated inclusive international discussions aimed at creating legal frameworks for protecting traditional know-how, cultural expression, and genetic resources. It is particularly noteworthy, as it has included the voices of Indigenous people through a Voluntary Fund created for Indigenous people.
But a serious obstacle faced when it comes to the provision of Intellectual Property (IP) to Indigenous people, is that often these items that call for IP protection are collectively owned and not individually owned. This creates a problem with regards to formal IP systems that focus on “individual rights”. The WIPO must increase its effectiveness in the enforcement of the framework to prevent the abuse of Indigenous culture. Moreover, FPIC and profit sharing with the community are to be mandated to keep a check on commercial ventures using cultural elements.
Lastly, Crises like the COVID-19 pandemic make the already exposed Indigenous people ever more vulnerable. The pandemic disrupted several customs and rituals of the Indigenous people, thus hindering the transmission of know-how through communal gatherings. This abridged Article 12 of the UNDRIP, which bestows Indigenous people with the right to follow, grow, and spread their sacred practices, customs, and rituals.[22] Additionally, some money-minded people used the COVID-19 pandemic as an opportunity to forcefully evict Indigenous people from their ancestral land without FPIC for their monetary benefit. The international community must prioritize economic reconstruction and restitution programmes to provide direct financial aid, training, and advocacy to the Indigenous people.
A “United Nations Educational, Scientific, and Cultural Organization” (UNESCO) study revealed an astounding fact: a little less than half of the planet’s languages are at risk of disappearing, most of which are Indigenous native tongues. It is also fascinating to note that though Indigenous people make up only 1 in 17 people, they speak 1 in 2 languages i.e., 4000 of the global languages. Due to this very fact, Article 13 of the UNDRIP grants them the right to revive, speak, and pass on their native tongue to their future generations.[23] Additionally, as under Articles 14 and 16 of the UNDRIP, Indigenous people have the right to establish their own mass medium and institutions in their native languages.[24]
Like the UN, UNESCO has also instigated innumerable agreements to advocate the “cultural rights” of Indigenous people. The “Convention for Safeguarding of Intangible Cultural Heritage” adopted in 2003, ratified by 182 countries, protects non-physical cultural legacy by highlighting the greatness of reverence and conservation of the cultural legacy of the society. Through Articles 2 and 11, it emphasizes the relationship between cultural distinctiveness, “Intangible cultural heritage” and the active involvement of communities (including Indigenous people) in safeguarding it.[25]
Another agreement of UNESCO that upholds the “cultural rights” of Indigenous people, though not explicitly, is the “Convention on Protection and Promotion of Diversity of Cultural Expressions”. This seeks to achieve control over how a community’s culture is expressed; Articles 7 and 8, assure the right to partake in all affairs of the community, make and spread cultural expressions, and endows the responsibility of safeguarding the cultural expression of societal groups when under threat or endangerment to the state.[26]
Similarly, the World Bank, in its 2016 “Environmental and Social Framework”, has integrated
provisions intended to uphold the rights of Indigenous people. In the “Environmental and Social Standard 7 (ESS7)” named “Indigenous people/Sub-Saharan African Historically Underserved Traditional Local Communities”, the World Bank advocates avoiding the ill effects of development projects on Indigenous people. If effects can’t be avoided they must be mitigated and compensated for it. Additionally, it also seeks to foster reverence for cultural identity through growth.[27]
On top of that, to tackle any concern arising pertaining to Indigenous people, their rights, and aspects of life the UN set up the “UN Permanent Forum on Indigenous Issues” (UNPFII). This body coordinates all subjects of thread relating to Indigenous people, their predicaments, rights, and the enforcement of the UNDRIP.[28]
Besides the UN, some institutions that provide a legal base for the “cultural rights” of Indigenous people are the “Inter-American Commission on Human Rights” (IACHR), the “African Commission on Human and Peoples’ Rights” (ACHPR), the “Organization of American States” (OAS), the “Arctic Council”, and the “Council of Europe”, among others. Some NGOs that fight for the protection and preservation of Indigenous culture and rights are “Cultural Survival”, “Forest Peoples Programme” (FPP), “The Indigenous People’s Center for Documentation, Research and Information” (Docip), “Tebtebba (Indigenous people’ International Centre for Policy Research and Education)”, “First Peoples Worldwide”, “Minority Rights Group International” (MRG), and “Global Alliance for the Rights of Nature” (GARN).
There is no a doubt, both eminent international organizations and NGOs are of utmost essence in upholding the “cultural rights” of Indigenous people. These organizations, through
agreements such as treaties and conventions, provide legal protection and advocacy to Indigenous people. They also help in monitoring state compliance. Additionally, they provide monetary and technical aid to ensure Indigenous culture is not exploited and “cultural rights” are upheld. Most importantly, they ensure sustainable development, i.e., growth that doesn’t negatively affect the Indigenous people and cause cultural degradation.
To put things into perspective, the Indigenous people have passed a long journey from being colonized to being heard and respected on the global forum because of their “cultural rights”. It is an undeniable fact that the Indigenous people live a life deeply intertwined with their culture and nature. Thus, emphasizing on the need for “cultural rights” stronger than ever. The Indigenous people have shown immense valour throughout the great deal of struggles they have been through, from being forcefully evicted from their own land to their culture being commodified. They have constantly fought for their “cultural rights” and have thus preserved their culture in the face of modern adversity through global frameworks by various organizations.
From ILO’s Convention No.169 to the UNDRIP, global legal frameworks have made headway in acknowledging the “cultural rights” of Indigenous people. In spite of this, there persist impediments in the actualization of their rights, like the inefficiency of enforcement, lack of parliamentary representation, climate change and so forth. Going ahead, intergovernmental establishments, authorities of a state, and mankind as a whole must work hand in hand to empower Indigenous people with parliamentary representation, and efficient laws to prevent cultural exploitation and secure their rights. Let us create a world where every culture thrives; let us create a world where “cultural rights” are a guarantee, not a privilege; let us create a world where “self-determination” is a right, not a struggle. Together, let us empower Indigenous voices, one “cultural right” at a time.
TABLE OF AUTHORITIES
Treaties and International Conventions
- Convention for the Safeguarding of the Intangible Cultural Heritage, arts. 2, 11, Oct. 17, 2003, 2368 U.N.T.S. 3.
- Convention on the Protection and Promotion of the Diversity of Cultural Expressions, arts. 7, 8, Oct. 20, 2005, 2440 U.N.T.S. 311.
- Indigenous and Tribal Peoples Convention (No. 169), June 27, 1989, 1650 U.N.T.S. 383.
- International Covenant on Civil and Political Rights art. 27, Dec. 16, 1966, 999 U.N.T.S. 171.
- Universal Declaration of Human Rights, G.A. Res. 217 (III) A, U.N. Doc. A/RES/217(III) (Dec. 10, 1948).
- United Nations Declaration on the Rights of Indigenous people, G.A. Res. 61/295, U.N. Doc. A/RES/61/295 (Sept. 13, 2007).
Cases
- Sámi People v. Fosen Vind Wind Farms, [2021] ECtHR Application No. 27/2021 (European Court of Human Rights) (pending judgment).
TABLE OF SOURCES
Websites and Online Articles
- Amnesty International, Indigenous people, AMNESTY INTERNATIONAL, https://www.amnesty.org/en/what-we-do/indigenous-peoples/ (last visited Nov. 1, 2024).
- Cultural Survival, After 30 Years, Only 23 Countries Have Ratified Indigenous and Tribal Peoples Convention ILO 169, CULTURAL SURVIVAL (Aug. 2020), https://www.culturalsurvival.org/news/after-30-years-only-23-countries-have-ratified-indigenous-and-tribal-peoples-convention-ilo#:~:text=After%2030%20Years%2C%20Only%2023,Convention%20ILO%20169%20%7C%20Cultural%20Survival.
- Inter-Parliamentary Union, Beyond Numbers: The Participation of Indigenous people in Parliament, https://www.ipu.org/resources/publications/reports/2016-07/beyond-numbers-participation-indigenous-peoples-in-parliament (last visited Nov. 1, 2024).
- Kate Yoder, Indigenous Land Loss Forced People into Land with Higher Climate Risks, Grist (Oct. 20, 2021), https://grist.org/accountability/indigenous-land-loss-forced-people-into-land-with-higher-climate-risks/.
- Nadra Kareem Nittle, What Is Cultural Appropriation and Why Is It Wrong?, THOUGHTCO (June 2, 2021), https://www.thoughtco.com/cultural-appropriation-and-why-iits-wrong-2834561.
- ONE, How the Maasai Group is Fighting Back Against Cultural Appropriation, https://www.one.org/us/stories/maasai-brand-cultural-appropriation/ (last visited Nov. 1, 2024).
- United Nations Permanent Forum on Indigenous Issues, Fifth Session Fact Sheet 1, U.N. (May 2006), https://www.un.org/esa/socdev/unpfii/documents/5session_factsheet1.pdf.
- U.N. Press Release, Human Rights Council Holds Interactive Dialogue on the Rights of Indigenous people, U.N. Press Release HR/5477 (Sept. 27, 2023), https://press.un.org/en/2023/hr5477.doc.htm.
- United Nations Permanent Forum on Indigenous Issues, https://www.un.org/development/desa/indigenouspeoples/unpfii-sessions-2.html.
- World Bank, Environmental and Social Framework, Environmental and Social Standard 7: Indigenous people/Sub-Saharan African Historically Underserved Traditional Local Communities (2016), https://www.worldbank.org/en/projects-operations/environmental-and-social-framework/brief/environmental-and-social-standards#ess7.
Books
- Zitkala-Sa, THE SCHOOL DAYS OF AN INDIAN GIRL (1900), in THE SCHOOL DAYS OF AN INDIAN GIRL QUOTES, https://www.bookey.app/quote-book/the-school-days-of-an-indian-girl (last visited Nov. 1, 2024).
[1] United Nations Permanent Forum on Indigenous Issues, Fifth Session Fact Sheet 1, U.N. (May 2006), https://www.un.org/esa/socdev/unpfii/documents/5session_factsheet1.pdf.
[2] Indigenous people, AMNESTY INTERNATIONAL, https://www.amnesty.org/en/what-we-do/indigenous-peoples/ (last visited Nov. 1, 2024).
[3] Zitkala-Sa, THE SCHOOL DAYS OF AN INDIAN GIRL (1900), in THE SCHOOL DAYS OF AN INDIAN GIRL QUOTES, https://www.bookey.app/quote-book/the-school-days-of-an-indian-girl (last visited Nov. 1, 2024).
[4] Kate Yoder, Indigenous Land Loss Forced People into Land with Higher Climate Risks, Grist (Oct. 20, 2021), https://grist.org/accountability/indigenous-land-loss-forced-people-into-land-with-higher-climate-risks/.
[5] Universal Declaration of Human Rights art. 27, G.A. Res. 217 (III) A, U.N. Doc. A/RES/217(III) (Dec. 10, 1948).
[6] International Covenant on Civil and Political Rights art. 27, Dec. 16, 1966, 999 U.N.T.S. 171, https://www.ohchr.org/en/instruments-mechanisms/instruments/international-covenant-civil-and-political-rights.
[7] Indigenous and Tribal Peoples Convention (No. 169), June 27, 1989, 1650 U.N.T.S. 383, https://normlex.ilo.org/dyn/normlex/en/f?p=NORMLEXPUB:12100:0::NO::P12100_ILO_CODE:C169.
[8] United Nations Declaration on the Rights of Indigenous people, G.A. Res. 61/295, U.N. Doc. A/RES/61/295 (Sept. 13, 2007), https://www.un.org/en/declaration-rights-indigenous-peoples.
[9] United Nations Declaration on the Rights of Indigenous people art. 3, G.A. Res. 61/295, U.N. Doc. A/RES/61/295 (Sept. 13, 2007), https://www.un.org/en/about-us/universal-declaration-of-human-rights.
[10] United Nations Declaration on the Rights of Indigenous people art. 5, G.A. Res. 61/295, U.N. Doc. A/RES/61/295 (Sept. 13, 2007), https://www.un.org/en/about-us/universal-declaration-of-human-rights.
[11] Cultural Survival, After 30 Years, Only 23 Countries Have Ratified Indigenous and Tribal Peoples Convention ILO 169, CULTURAL SURVIVAL (Aug. 2020), https://www.culturalsurvival.org/news/after-30-years-only-23-countries-have-ratified-indigenous-and-tribal-peoples-convention-ilo#:~:text=After%2030%20Years%2C%20Only%2023,Convention%20ILO%20169%20%7C%20Cultural%20Survival.
[12] United Nations Declaration on the Rights of Indigenous people art. 25, G.A. Res. 61/295, U.N. Doc. A/RES/61/295 (Sept. 13, 2007), https://www.un.org/en/about-us/universal-declaration-of-human-rights.
[13] United Nations Declaration on the Rights of Indigenous people art. 10, G.A. Res. 61/295, U.N. Doc. A/RES/61/295 (Sept. 13, 2007), https://www.un.org/en/about-us/universal-declaration-of-human-rights.
[14] Sámi People v. Fosen Vind Wind Farms, [2021] ECtHR Application No. 27/2021 (European Court of Human Rights) (pending judgment), available at https://www.coe.int/en/web/portal.
[15] United Nations Declaration on the Rights of Indigenous people art. 5, G.A. Res. 61/295, U.N. Doc. A/RES/61/295 (Sept. 13, 2007), https://www.un.org/en/about-us/universal-declaration-of-human-rights.
[16] United Nations Declaration on the Rights of Indigenous people art. 20, G.A. Res. 61/295, U.N. Doc. A/RES/61/295 (Sept. 13, 2007), https://www.un.org/en/about-us/universal-declaration-of-human-rights.
[17] Inter-Parliamentary Union, Beyond Numbers: The Participation of Indigenous people in Parliament, https://www.ipu.org/resources/publications/reports/2016-07/beyond-numbers-participation-indigenous-peoples-in-parliament (last visited Nov. 1, 2024).
[18] UN Press Release, Human Rights Council Holds Interactive Dialogue on the Rights of Indigenous people, U.N. Press Release HR/5477 (Sept. 27, 2023), https://press.un.org/en/2023/hr5477.doc.htm.
[19] Nadra Kareem Nittle, What Is Cultural Appropriation and Why Is It Wrong?, THOUGHTCO (June 2, 2021), https://www.thoughtco.com/cultural-appropriation-and-why-iits-wrong-2834561.
[20] ONE, How the Maasai Group is Fighting Back Against Cultural Appropriation, https://www.one.org/us/stories/maasai-brand-cultural-appropriation/ (last visited Nov. 1, 2024).
[21] United Nations Declaration on the Rights of Indigenous people art. 11 & 31 G.A. Res. 61/295, U.N. Doc. A/RES/61/295 (Sept. 13, 2007), https://www.un.org/en/about-us/universal-declaration-of-human-rights.
[22] United Nations Declaration on the Rights of Indigenous people art. 12, G.A. Res. 61/295, U.N. Doc. A/RES/61/295 (Sept. 13, 2007), https://www.un.org/en/about-us/universal-declaration-of-human-rights.
[23] United Nations Declaration on the Rights of Indigenous people art. 13, G.A. Res. 61/295, U.N. Doc. A/RES/61/295 (Sept. 13, 2007), https://www.un.org/en/about-us/universal-declaration-of-human-rights.
[24] United Nations Declaration on the Rights of Indigenous people art. 14 &16, G.A. Res. 61/295, U.N. Doc. A/RES/61/295 (Sept. 13, 2007), https://www.un.org/en/about-us/universal-declaration-of-human-rights.
[25] Convention for the Safeguarding of the Intangible Cultural Heritage, arts. 2, 11, Oct. 17, 2003, 2368 U.N.T.S. 3, https://ich.unesco.org/en/convention.
[26] Convention on the Protection and Promotion of the Diversity of Cultural Expressions, arts. 7, 8, Oct. 20, 2005, 2440 U.N.T.S. 311.
[27] World Bank, Environmental and Social Framework, Environmental and Social Standard 7: Indigenous people/Sub-Saharan African Historically Underserved Traditional Local Communities (2016), available at https://www.worldbank.org/en/projects-operations/environmental-and-social-framework/brief/environmental-and-social-standards#ess7.
[28] United Nations Permanent Forum on Indigenous Issues, available at https://www.un.org/development/desa/indigenouspeoples/unpfii-sessions-2.html.