212. Regarding the above, the Court has recognized that “[disregard for the ancestral right of indigenous communities over their territories could affect other basic rights, such as the right to cultural identity and the very survival of indigenous communities and their members.”278 Given that the effective enjoyment and exercise of the right to communal ownership of the land “guarantees that indigenous communities conserve their heritage,279 States must respect that special relationship in order to guarantee their social, cultural and economic survival.280 Moreover, the close relationship that exists between indigenous peoples and their land and their traditions, customs, languages, arts, rituals, knowledge and other aspects of their identity has been recognized, noting that “[b]ased on their environment, their integration with nature and their history, the members of indigenous communities transmit this non-material cultural heritage from one generation to the next, and it is constantly recreated by the members of the indigenous groups and communities.”281 213. Under the principle of non-discrimination established in Article 1(1) of the Convention, recognition of the right to cultural identity is an ingredient and a crosscutting means of interpretation to understand, respect and guarantee the enjoyment and exercise of the human rights of indigenous peoples and communities protected by the Convention and, pursuant to Article 29(b) thereof, also by domestic law. 214. In this regard, Principle 22 of the Rio Declaration on Environment and Development has recognized that: Indigenous people and their communities, as well as other local communities, have a vital role in environmental management and development because of their knowledge and traditional practices. States should recognize and duly support their identity, culture and interests and enable their effective participation in the achievement of sustainable development. 215. Two international instruments are particularly relevant to the recognition of the right to cultural identity of indigenous peoples: ILO Convention No. 169 on indigenous and tribal rights282 and the United Nations Declaration on the Rights of Indigenous Peoples. 283 Various international instruments of UNESCO also address the right to culture and cultural identity.284 278 Cf. Case of the Yakye Axa Indigenous Community v. Paraguay. Merits, reparations and costs. para. 147. See also General Assembly, Human Rights Council, Report of the Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous peoples, Rodolfo Stavenhagen. A/HRC/6/15, of 15 November 2007, para. 43. 279 Cf. Case of the Yakye Axa Indigenous Community. Merits, reparations and costs. para. 146. 280 Cf. Case of the Saramaka People v. Suriname. Preliminary objections, merits, reparations and costs, para. 91. 281 Cf. Case of the Yakye Axa Indigenous Community. Merits, reparations and costs, para. 154. 282 Article 2(2)(b): “Governments shall have the responsibility for developing, with the participation of the peoples concerned, coordinated and systematic action […] Such action shall include measures for (b) promoting the full realisation of the social, economic and cultural rights of these peoples with respect for their social and cultural identity, their customs and traditions and their institutions.” Article 4(1): “Special measures shall be adopted as appropriate for safeguarding the persons, institutions, property, labour, cultures and environment of the peoples concerned.” Article 5: “In applying the provisions of this Convention: (a) the social, cultural, religious and spiritual values and practices of these peoples shall be recognised and protected, and due account shall be taken of the nature of the problems which face them both as groups and as individuals; (b) the integrity of the values, practices and institutions of these peoples shall be respected.” 283 A/Res/61/295, 10 December 2007, UN General Assembly Resolution 61/295. Article 8(1) “Indigenous peoples and individuals have the right not to be subjected to forced assimilation or destruction of their culture.” Article 8(2): “States shall provide effective mechanisms for prevention of, and redress for: (a) Any action which has the aim or effect of depriving them of their integrity as distinct peoples, or of their cultural values or ethnic identities […].” Article 11: “Indigenous peoples have the right to revitalize, use, develop and transmit to future generations their histories, languages, oral traditions, philosophies, writing systems and literatures […].” Article 12(1): “Indigenous peoples have the right to manifest, practise, develop and teach their spiritual and religious traditions, customs and ceremonies; the right to maintain, protect, and have access in privacy to their religious and cultural sites […].” 284 Cf. UNESCO Universal Declaration on Cultural Diversity, 2001; UNESCO Recommendation on Participation by the People at Large in Cultural Life and their Contribution to it; Declaration of Mexico on cultural policies, World Conference on Cultural Policies; UNESCO Convention for the Safeguarding of the Intangible Cultural Heritage. In addition, see UNESCO conventions and recommendations relating to culture or cultural identity that mention indigenous peoples: Recommendation on the Safeguarding of Traditional Culture and Folklore, 15 November 1989. Convention on the Protection and Promotion of the Diversity of Cultural Expressions, 20 October 2005. 61