A/71/229
C.
World Heritage sites and tourism
60. Protected areas overlap with World Heritage sites in multiple instances. As
raised by the previous Special Rapporteur (see A/67/301, paras. 33-42), the impact
on indigenous peoples of the United Nations Educational, Scientific and Cultural
Organization (UNESCO) World Heritage sites is a recurring conce rn, notably
because, on numerous occasions, these sites have been declared without
consultation with indigenous peoples and have a serious negative impact upon their
rights. Protected areas with heritage status have in several instances resulted in
forced removal of indigenous peoples or significant restrictions on their access to
livelihood resources and sacred sites. 43 Furthermore, heritage listings often lead to
an unprecedented increase in tourism. Yet, the Operational Guidelines for
Implementation of the World Heritage Convention, which set out the procedure for
the inscription of properties on the World Heritage list and the protection and
conservation of sites, do not require participation by indigenous peoples. All three
of the United Nations mechanisms dedicated specifically to promoting the rights of
indigenous peoples, namely, the United Nations Permanent Forum on Indigenous
Issues, the Expert Mechanism on the Rights of Indigenous Peoples and the Special
Rapporteur, have called for reforms on how the Convention is applied, underlining
the urgent need to reform the Operational Guidelines through which potential
heritage sites are assessed, so that they are aligned with the Declaration on the
Rights of Indigenous Peoples and adopt procedures to ensure indigenous peoples’
free, prior and informed consent.
61. There are numerous examples of protected areas with heritage status over
which concerns have been raised by indigenous peoples. In Kenya, the designation
of Lake Bogoria National Reserve as a World Heritage site in 2011 was undertaken
without the consent of the indigenous Endorois community, despite the ruling by the
African Court on Human and Peoples’ Rights in favour of the Endorois indigenous
peoples’ rights in 2009. The Endorois people have expressed concern that the
Government of Kenya may use the World Heritage status as a pretext for denying
them restitution, as required by the Court’s decision. 44
62. In Argentina, the Special Rapporteur observed during a country visit in 2011
that after the Quebrada de Humahuaca was listed by UNESCO as a World Heritage
site in 2003, there was a huge increase in tourism and in the economic value of the
land occupied by indigenous peoples. The provincial government ha d issued land
titles to foreign investors, and as a result, the surrounding indigenous communities
were dispossessed of their land and had fewer water resources. The communities
were not involved in the management of the site and derived no economic benefi ts
therefrom. The Special Rapporteur recommended increased participation by
indigenous peoples in the management of the site (see A/HRC/21/47/Add.2,
paras. 50 and 97).
63. In Thailand, the Government requested the listing of the Kaeng Krachen
National Park in 2013 as a World Heritage park in 2013 without consulting the local
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43
44
16-13163
Stephan Disko and Helen Tugendhat, eds., World Heritage Sites and Indigenous Peoples’ Rights
(Copenhagen, International Work Group for Indigenous Affairs, Forest Peoples Programme ,
Gundjeihmi Aboriginal Corporation, 2014).
International Work Group for Indigenous Affairs, submission to the Special Rapporteur,
May 2016.
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