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 /
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