Indigenous Peoples’ Cultural Heritage and International Law: A Tale of Wrongs and of Struggle for Survival and Renaissance

For Indigenous Peoples, cultural heritage represents the very essence of the Circle of Life, a strong, powerful symbol incorporating all the basic foundations of life. Consistent with the holistic vision of life characterizing most Indigenous communities, the concept of Indigenous heritage is very broad, encompassing virtually all elements of communal life, which are strictly interconnected and inseparable with each other. It is not limited to material elements, but embraces all manifestations of intangible cultural heritage, the value of which is determined by their spiritual significance. The proper protection and safeguarding of cultural heritage is an essential prerequisite for the effective realization of all fundamental rights of Indigenous peoples. Only in very recent times has the international community developed an awareness of the importance of protecting and safeguarding the cultural heritage of Indigenous peoples as a necessary condition for ensuring their survival as distinct communities, translating this awareness into legal provisions.