Thus, in the context of mitigation policies, the protection of cultural rights requires that States avoid or minimize policies that could impact these rights. To this end, the protection of cultural rights should be mainstreamed into mitigation policies, and appropriate scoping and risk assessment activities that take cultural rights into account should be undertaken in the context of mitigation actions. With respect to Indigenous peoples, mitigation actions by the State must respect the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), which was adopted by the United Nations General Assembly on 13 September 2007.397 Article 19 of UNDRIP establishes that States must obtain the free, prior and informed consent (FPIC) of Indigenous peoples before adopting measures that may affect them. Whether a “legislative or administrative” measure affects Indigenous peoples is something which must be assessed on a case by case basis. As a matter of guidance, UNDRIP established a non-exhaustive list of specific circumstances in which the right to FPIC applies: • • • • • Before the forcible removal or relocation of Indigenous peoples “from their lands or territories.” (Article 10) Before the taking of any “cultural, intellectual, religious and spiritual property”, such as archaeological and historical sites, artefacts designs, ceremonies, technologies and visual and performing arts and literature. (Article 11) Before “the lands, territories and resources which [Indigenous peoples] have traditionally owned or otherwise occupied or used” are “confiscated, taken, occupied, used or damaged”. (Article 28) Before the “storage or disposal of hazardous materials” in lands or territories. (Article 29) Before “the approval of any project affecting [Indigenous peoples’] lands or territories and other resources, particularly in connection with the development, utilization or exploitation of mineral, water or other resources.” (Article 32) CASE STUDY: The Aswan Dam and the International Rescue Nubia Campaign The International Rescue Nubia Campaign was an international campaign aimed at protecting several archaeological sites of major importance before they were flooded by the reservoir of the Aswan dam. Following the Egyptian revolution in 1952, the Nasser government launched a massive hydroelectric project on the Nile River. The Aswan dam was built between 1960 and 1971, and provides irrigation and electricity. Its reservoir extends over 500 kilometres and spans over 5,000 square kilometres of land, part of which lies in Sudanese territory. Nubia, the region inundated by the dam’s construction, contains a rich archaeological heritage. It had been “a land of legendary wealth and riches, of gold and exotic goods.”398 A key challenge of the hydroelectric project – and the aim of the International Rescue Nubia Campaign – was to save as many archaeological monuments as possible. 99