Indigenous Rights, Cultural Heritage, and Indigenous Treaty Law

This chapter captures the intricate relationship between Indigenous cultural heritage and rights for advancing sustainable development and enabling the well-being of Indigenous communities. It analyses the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) and the Indigenous and Tribal Peoples Convention, 1989 No. 169 (ILO 169) regarding the preservation and protection of cultural heritage. The chapter highlights the challenges posed by climate change, biodiversity loss, and environmental degradation to Indigenous cultural heritage and emphasizes the need for resilience and safeguarding measures. It further examines the treatment of cultural heritage in Indigenous treaties, delving into legal and historical perspectives in the US jurisprudence and political landscape, then addresses the ability of Canadian modern treaties to foster or frustrate the ability to safeguard cultural heritage. By considering these aspects, the chapter underscores the significance of recognizing and preserving Indigenous cultural heritage, and the integration of Indigenous rights and knowledge to ensure the continuity and vitality of cultural heritage for present and future generations.