60 social and cultural institutions, while retaining their right to participate full y, if they so choose, in the political, economic, social and cultural life of the State” (Article 5); “[i]ndigenous peoples and individuals have the right not to be subjected to forced assimilation or destruction of their culture” (Article 8.1); “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 8.2.a); “Indigenous peoples have the right to practise and revitalize their cultural traditions and customs. This includes the right to maintain, protect and develop the past, present and future manifestations of their cultures (…)” (Article 11); “Indigenous peoples have the right to maintain and develop their political, economic and social systems or institutions (…)” (Article 20.1); and “Indigenous peoples have the right to promote, develop and maintain their institutional structures and their distinctive customs, spirituality, traditions, procedures, practices and, in the cases where they exist, juridical systems or customs, in accordance with international human rights standards.” (Article 34) 216. Furthermore, the United Nations Declaration on the Rights of Indigenous Peoples upholds their right to “the dignity and diversity of their cultures, traditions, histories and aspirations”, a collective right that requires States to “take effective measures, in consultation and cooperation with the indigenous peoples concerned, to combat prejudice and eliminate discrimination and to promote tolerance, understanding and good relations among indigenous peoples and all other segments of society” (Article 15). ILO Convention 169 concerning Indigenous and Tribal Peoples in Independent Countries also contains a number of clauses that protect these peoples’ cultural integrity. For example, this Convention provides that “[g]overnments shall have the responsibility for developing, with the participation of the peoples concerned, co-ordinated and systematic action to protect the rights of these peoples and to guarantee respect for their integrity,” action that shall include measures for “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 2); that “[s]pecial measures shall be adopted as appropriate for safeguarding the persons, institutions, property, labour, cultures and environment of the peoples concerned” (Article 4); that in applying the provisions of ILO Convention 169, “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” and that “the integrity of the values, practices and institutions of these peoples shall be respected” (Article 5); and that “these peoples shall have the right to retain their own customs and institutions, where these are not incompatible with fundamental rights defined by the national legal system and with internationally recognised human rights.” (Article 8.2). Also within the framework of international human rights, the Committee on the Elimination of Racial Discrimination has urged the States to “[r]ecognize and respect indigenous distinct culture, history, language and way of life as an enrichment of the State's cultural identity and to promote its preservation” and that they “[e]nsure that indigenous communities can exercise their rights to practise and revitalize their cultural traditions 214 and customs and to preserve and to practise their languages.” 217. Summarizing, international human rights law, which is a key factor in interpreting the American Declaration and the American Convention, fully recognizes indigenous peoples’ right to preserve their socio cultural integrity. Hence, the member states of the OAS have an obligation, under Article 1(1) of the American Convention and others, to respect and ensure the right to preservation of socio cultural integrity, which has individual and collective dimensions. 218. The issue here is not simply a decision by court authorities that prevents indigenous leaders from discharging their cultural responsibilities by depriving them of their freedom, thereby obstructing the performance of self-governance functions, organizational functions and rituals critical to the integrity of Mapuche culture, its preservation and reproduction; the case sub examine also involves an outrage committed against the very dignity of the Mapuche people as a whole, as the Chilean State’s entire judicial-penal apparatus was set in motion in a manner incompatible with human rights, and against those who hold the highest position within their ancestral culture. This course of judicial action 214 Committee on the Elimination of Racial Discrimination – General Recommendation No. 23, Indigenous Peoples, August 18, 1997, paragraphs 4.a and 4.e.