ABSTRACT
The concept of sustainable development is inseparable from the principle of public participation. First enunciated in environmental legal instruments, this principle is also enshrined in several UNESCO legal instruments, including the 2003 Convention for the safeguarding of the intangible cultural heritage. In the field of culture, however, participation in decision-making is more than a principle of sustainable development; its application is also a condition for ensuring the respect and implementation of human rights, including cultural rights. This is the case for the right of indigenous peoples to participate in cultural life, the fulfilment of which requires allowing their participation in the design and implementation of laws and policies that affect them. It is questionable whether the 2003 UNESCO Convention reflects the sustainable development principle of participation and satisfies the rights of indigenous peoples to participate in decision-making that may affect their cultural life. Insofar as this treaty and the decisions adopted within its bodies may affect their cultural resources, procedural gaps in the respect of the principle of participation may result in a violation of their fundamental rights. This chapter addresses this issue, first by exploring indigenous peoples’ participation in cultural heritage as a principle of sustainable development, then by reflecting on the participation of indigenous peoples from the perspective of their fundamental rights. Finally, it focuses on the participation of indigenous peoples in the safeguarding of intangible cultural heritage. It explores how the 2003 UNESCO Convention succeeds, or fails, in reconciling the inter-state nature of the legal framework it constitutes with the indispensable participation of indigenous peoples in the safeguarding of the cultural heritage they bear.
