A/78/162
arbitrary arrests of the Benet people by forest rangers and the Uganda Wildlife
Authority in Mount Elgon National Park. 78
47. Indigenous women and girls are among the most marginalized groups in the
tourism industry owing to multilayered discrimination based on gender, Indigenous
identity and socioeconomic status. In Asia, the Special Rapporteur received repo rts
that tourism had fostered violence against women, including rape by tourists, with
perpetrators rarely held accountable. 79 Women are also likely to be subjected to sexual
violence when forcibly evicted from their lands. 80 Owing to discrimination within
their own community and in wider society, Indigenous women lack access to
education or training to qualify them for employment in the tourism industry or are
limited to low-paying jobs. They are more vulnerable to labour exploitation, including
prostitution, and are at greater risk of trafficking for sex tourism. 81 In some cases, loss
of land and resources as a result of tourism development limits Indigenous women ’s
autonomy, economic self-sufficiency, access to productive resources and ability to
participate meaningfully in decision-making processes. 82
VI. Corporate social responsibility
48. Corporations are heavily involved in formulating and carrying out tourism
projects and programmes. They often exclude Indigenous Peoples from their business
operations while profiting from their lands, resources and cultural heritage.
49. In Nepal, the Pradhan Newar Indigenous Peoples lost access to their lands,
resources and religious and cultural sites following the construction of the Chhaya
Center complex by Marriott International. Owing to delays in administrative and
judicial proceedings to recognize the Newar peoples’ land rights, the complex was
built despite protests and without the free, prior and informed consent of the Newar,
who experienced threats and violence when they engaged in peaceful resistance
against the project. 83 Promoted as the biggest business complex in Nepal’s history,
the Chhaya Center houses 200 store spaces, including high-end brand outlets, along
with multiplex theatres and corporate offices. The largest source of its revenue is the
five-star hotel, Aloft Kathmandu Thamel, a franchise of Marriott International. The
company reportedly retaliated against those opposing the construction by filing
strategic litigation against public participation (SLAPP) suits and criminal charges
against them, while others have faced death threats from union leaders 84 of workers
at the complex. 85
__________________
78
79
80
81
82
83
84
85
14/25
Communication UGA 5/2022 addressed to Uganda.
Submissions by Chittagong Hill Tract and Community Empowerment and Social Justice
Network, Nepal; and joint submission by International Work Group for Indigenous Affairs and
Indigenous People Rights International.
Submissions by Chittagong Hill Tract and Community Empowerment and Social Justice
Network, Nepal.
Submissions by Community Empowerment and Social Justice Network, Nepal and Center for
Enhancing Democracy and Good Governance and Endorois People, Kenya; and joint submission
by Indigenous Peoples Rights International and International Work Group for Indigenous Affairs.
Joint submission by Indigenous Peoples Rights International and International Work Group for
Indigenous Affairs.
Communication AL OTH 183/2021; communication AL NPL 1/2021; communication AL USA
16/2021 addressed to the United States, available at https://spcommreports.ohchr.org/TMResults
Base/DownLoadPublicCommunicationFile?gId=26309 ; and communication AL OTH 184/2021,
available at https://spcommreports.ohchr.org/TMResultsBase/DownLoadPublicCommunication
File?gId=26311. See also A/HRC/45/34/Add.3.
Other reports indicate that local labour unions and managers encourage tourism, while the
construction industry lobbies for larger resorts and universities fund travel and tourism programmes.
Submission by Community Empowerment and Social Justice Network, Nepal.
23-13642