ABSTRACT
Indigenous peoples’ right to cultural heritage constitutes one of the fundamental entitlements recognized in the UN Declaration on the Rights of Indigenous Peoples (UNDRIP). Article 31.1 recognizes Indigenous peoples’ ‘right to maintain, control, protect and develop their cultural heritage, traditional knowledge and traditional cultural expressions’, while Article 11.1 emphasizes that
Indigenous peoples have the right to practice and revitalize their cultural traditions and customs. This includes the right to maintain, protect and develop the past, present and future manifestations of their cultures, such as archaeo-logical and historical sites, artifacts, designs, ceremonies, technologies and visual and performing arts and literature.
The actual exercise of the right to cultural heritage raises thorny issues in relation to its practical implementation in domestic settings, particularly when considering different degrees of power imbalance between states and Indigenous peoples. In particular, the overarching states’ legislative and decision-making authority within domestic boundaries poses a crucial challenge to the place of Indigenous participation and decision-making in heritage related matters within the fabric of governmental and institutional arrangements.