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Part III Rights to Culture, Ch.10 Culture: Articles 11(1), 12, 13(1), 15, and 34

Alexandra Xanthaki

From: The UN Declaration on the Rights of Indigenous Peoples: A Commentary

Edited By: Jessie Hohmann, Marc Weller

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 03 October 2023

Indigenous peoples — Self-determination

This chapter examines the rights to culture in Articles 11(1), 12, 13(1), and 34. The freedom of indigenous peoples to have their indigenous identities and cultures respected has been the main incentive for their struggle and one of the main reasons for the adoption of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP). The recognition of indigenous cultural rights is deeply rooted in the principle of respect of the diversity and richness of their identities, the end of historical injustices committed against them, and the principle of self-determination, all of which are incorporated in the preamble of the Declaration. Unfortunately, patterns of expropriation of indigenous religious and cultural objects and neglect, even destruction of indigenous cultural manifestations, still continue. In addition, new waves of tourism beyond ‘the beaten truck’ commodify important indigenous historical and archaeological sites. It is therefore of no surprise that the protection of culture is so important in the whole text of the Declaration.

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