State of the World’s Minorities and Indigenous Peoples 2016 Events of 2015 Focus on culture and heritage State of theWorld’s Minorities and Indigenous Peoples 20161 Events of 2015 Front cover: Cholitas, indigenous Bolivian Focus on culture and heritage women, dancing on the streets of La Paz as part of a fiesta celebrating Mother’s Day. REUTERS/ David Mercado. Inside front cover: Street theatre performance in the Dominican Republic. From 2013 to 2016 MRG ran a street theatre programme to challenge discrimination against Dominicans of Haitian Descent in the Acknowledgements Dominican Republic. MUDHA. Minority Rights Group International (MRG) Inside back cover: Maasai community members in gratefully acknowledges the support of all Kenya. MRG. organizations and individuals who gave financial and other assistance to this publication, including the Ministry for Foreign Affairs of Finland. © Minority Rights Group International, July 2016. All rights reserved. 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Follow us: Events of 2015 Tel: +44 (0)20 7422 4200 Fax: +44 (0)20 7422 4201 @minorityrights Edited by Peter Grant Email: [email protected] Website: www.minorityrights.org www.facebook.com/minorityrights Minority Rights Group International Introduction and indigenous peoples: an overview of international case law 6 Editor’s preface: minorities, indigenous Lucy Claridge and Alexandra Xanthaki peoples and the right to culture Peter Grant Part 2 Regional overviews 10 Foreword: the changing landscape of 70 Africa indigenous heritage protection Amina Haleem, Paige Wilhite Jennings Mechtild Rössler, Director of the Division and Keikantse E. Phele for Heritage and the UNESCO World Heritage Centre 96 Americas Mariah Grant, Alfredo Gutierrez Carrizo, Part 1 Thematic essays Janet Oropeza Eng and Carolyn Stephens 14 Cultural rights and their implications for 118 Asia and Oceania minority and indigenous communities Michael Caster, Shikha Dilawri, Nicole Girard, Alexandra Xanthaki Hanna Hindstrom, Farah Mihlar, Katya Quinn-Judge and Jacqui Zalcberg 26 Delivering minority and indigenous rights in practice: the underrated potential of culture 166 Europe and why we ignore it at our peril Boris Babin, Electra Babouri, Shorena Claire Thomas, with additional Kobaidze, Federica Prina and Sara Vincini research by Fahmida Rahman 184 Middle East and North Africa 36 Minority and indigenous women’s right to Miriam Puttick and Derek Verbakel culture: identity, gender and opportunities for empowerment Part 3 Peoples under Threat Nicole Girard 202 Peoples under Threat 2016 46 Lessons from indigenous knowledge and Mark Lattimer culture: learning to live in harmony with nature in an age of ecocide Part 4 Reference Paul Havemann 217 Selected abbreviations 58 Protecting the right to culture for minorities 217 Credits and acknowledgements hile we are accustomed to projects, the inability of minority and indigenous discussing the situation of children to learn their own language at school W particular minority and indigenous and official restrictions on diet or attire. For communities in economic and political perpetrators of hate crime, too, cultural markers terms – their limited access to resources and such as language or dress are often the primary opportunities, their lack of representation within focus of their attacks – a situation that may national or local governments – the cultural result in minorities and indigenous peoples being dimensions are no less important. Indeed, the forced to conceal their identity. right to culture is central to the enjoyment of a Tragically, the active targeting of culture and whole host of other rights, from education and the deep trauma this can inflict on communi- health to language and livelihoods. Without it, a ties has become more evident than ever with the fair and equitable life is impossible to achieve. recent rise of extremist groups, including the Free and full participation means the ability to Islamic State of Iraq and Al-Sham (ISIS). The engage in mainstream culture as well as the abil- destruction of shrines, monuments, manuscripts ity to maintain an identity that is distinct from it. and other irreplaceable heritage belonging to This requires, simultaneously, a respect for equal- religious minorities such as Christians, Kaka’i ity and difference – principles that many states and Yezidis, as well as numerous Shi’a Muslim have failed to reconcile. Some states may amplify shrines, is part of a wider attempt to demoralize differences to stigmatize the communities in such communities and ultimately eradicate them question. In other cases, minority or indigenous permanently from the region. While efforts are rights may be denied in the name of national at present concentrated on security, protection unity or ‘shared values’. In either case, the end and humanitarian relief, it is essential that the result is the silencing of marginalized communi- eventual return and reintegration of displaced ties and the atrophy of their unique traditions. communities is accompanied by the restoration Even in contexts where the cultural rights of their cultures and traditions. of minorities and indigenous peoples are well Encouragingly, many minority and indigenous established, their continued freedoms depend on communities around the world are themselves a constant reaffirmation of tolerance, awareness drawing on their rich cultural traditions – often and understanding between different groups. in vigorously new ways – to advocate for change. Editor’s preface: Nor is it simply the case that the struggle for the And many policy-makers, governments and cultural rights of minorities and indigenous peo- international agencies are now focusing more ples is external – it is also reflected in the need to attention on cultural rights, including those of accommodate diverse and dissenting voices with- minorities and indigenous peoples. However, we in their communities, particularly among women, still have a long way to go. While violent extrem- minorities, in the interpretation and practice of their beliefs ists such as ISIS continue to generate publicity and customs. Otherwise, culture can become through their destructive acts, the erosion of a tool of oppression rather than emancipation, minority and indigenous cultures persists else- with the rights of some members subordinated where in other forms. In Europe, amid increased indigenous peoples in the name of caste, religion or tradition. Where fears of terrorism and the impact of austerity, cultural practices violate human rights, the latter the resurgence of the far right has encouraged must take precedence, in line with international renewed assaults on minorities and their beliefs. norms. In the United States, a country that has long cel- and the right Though the definition of culture has been ebrated the diversity of its population, the legacy contested for decades, there is now widespread of land loss and forcible assimilation continues to recognition that it underpins almost every area have a devastating impact on its indigenous peo- of life. Its repression, in turn, can devastate the ples. The cultural vitality of minorities and indig- to culture health, dignity and well-being of minorities and enous peoples should therefore never be taken for indigenous peoples. This includes, to take some granted, even in countries where their rights and of the examples in this volume, the displacement protections appear to be well developed. Peter Grant of entire communities by state-led development Nevertheless, while they continue to face bar- State of the World’s Minorities Editor’s preface: minorities, indigenous 9 and Indigenous Peoples 2016 peoples and the right to culture riers to their cultural rights and freedoms, art, Above: Two young Coptic Christians celebrate music, literature and other forms of creativity Sham El Nessim, a traditional festival, at a church remain vital elements in minority and indigenous in Egypt. Xinhua/Pan Chaoyue. identities. In fact, though