practicing spiritual ceremonies; identification and veneration of its own heroes or models and shared values of its members which reflect its distinctive character and personality .51 180. The Court notes that in the context of indigenous populations, the preservation of their culture is of particular importance. Indigenous populations have often been affected by economic activities of other dominant groups and large scale developmental programmes. Due to their obvious vulnerability often stemming from th e ir number or traditional way of life, indigenous populations even have , at times, been the subject and easy target of deliberate policies of exclusion , exploitation , forced assimilation , discrimination and other forms of persecution , whereas some have encountered extinction of their cultural distinctiveness and continuity as a distinct group .52 181 . The UN Declaration on Indigenous Peoples , states that "indigenous peoples and individuals have the right not to be subjected to forced assimilation or destruction of their culture " and States sha ll provide effective mechanisms to prevent any action that deprives them of "their integrity as distinct peoples, or of their cultural values or ethnic identities". 53 The UN Committee on Economic , Social and Cultural Rights , in its General Comment on Article 15 (1 )(a) also observed that " the strong communal dimension of indigenous peoples ' cultural life is indispensable to their existence , well-being and full development , and includes the right to th e lands , territories and resources which they have traditionally owned , occupied or otherwise used or acquired ." 54 51 Preamble, paragraph 9 and Articles 3, 5 and 8(a) Cultural Charter for Africa . Organisation of African Unity on 5 July 1976 52 The ACHPR's work on indigenous peoples in Africa, Indigenous Peoples in Africa: The Forgotten Peoples? (2006), page 17 available at http://www. achpr.org/files/special-mechanisms/indiqenouspopulations/achpr wgip report summary version eng.pdf. 53 Articles 8(1) and 8(2)(a), of the United Nations Declaration on the Rights of Indigenous People, 2007 (hereinafter referred to as UNDRIP). NDRI; See also Article 4(2), UN General Assembly, Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities, 3 February 1992, A/RES/47/135, available at: http://www.refworld.org/docid/3ae6b38dO.html. 54 UNCESR, General comment No. 21, Right of everyone to take part in cultural life (art. 15, para. 1a of the Covenant on Economic, Social and Cultural Rights), 21 December 2009, E/C.12/GC/2 1, available at: http://www.refworld.org/docid/4ed35bae2.html paragraphs 36 and 37. 54 / ~; 7

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