A/78/162
6.
The World Tourism Organization (UNWTO) 10 has collaborated with Indigenous
Peoples and organizations to develop guidelines and best practices for sustainable
tourism that respect Indigenous Peoples’ rights, including the Inclusive Recovery
Guide: Sociocultural Impacts of COVID-19: Indigenous Communities 11 and specific
recommendations on sustainable development of Indigenous tourism (2019) 12 to
encourage tourism enterprises to operate in a responsible and sustainable manner
while enabling Indigenous Peoples wishing to participate in tourism to benefit from
its opportunities and effectively engage in the consultation process. In March,
UNWTO launched the Compendium of Good Practices in Indigenous Tourism:
Regional Focus on the Americas. The Compendium, developed in the context of the
World Trade Organization programme on tourism and Indigenous Peoples launched
in 2017, puts forward a series of recommendations aimed at facilitating tourism
development led by Indigenous Peoples and at tourists engaging in Indigenous tourism.
IV. Legal and policy framework
7.
The role of Indigenous Peoples in sustainable tourism development must be
understood and addressed within the context of the internati onal human rights
framework on the rights of Indigenous Peoples, including the United Nations
Declaration on the Rights of Indigenous Peoples and ILO Indigenous and Tribal
Peoples Convention, 1989 (No. 169) and other international and regional human
rights instruments recognizing Indigenous Peoples’ rights. A detailed review of
Indigenous Peoples’ rights to self-determination, autonomy, self-government,
participation in decision-making, consultation and free, prior and informed consent is
available in previous reports (A/71/229 and A/77/238).
8.
States and companies that promote tourism projects in Indigenous territories or
engage in activities concerning Indigenous culture should be particularly aware of
Indigenous Peoples’ rights to protect and develop manifestations of their cultures,
including the right to freely and privately access their religious and cultural places.
States should provide redress through effective mechanisms in cases of appropriation
of Indigenous cultural and spiritual property witho ut their free, prior and informed
consent (articles 11 and 12 of the United Nations Declaration on the Rights of
Indigenous Peoples).
9.
As an expression of their right to self-determination, Indigenous Peoples have
the right to the dignity and diversity of their cultures, traditions, histories and
aspirations, which shall be properly reflected in public information, and the right to
protect their cultural heritage, knowledge and cultural expressions (ibid., articles 15
and 31). 13 To protect Indigenous Peoples from the misuse and misappropriation of
their tangible and intangible cultural heritage and knowledge, article XXVIII of the
American Declaration on the Rights of Indigenous Peoples recognizes Indigenous
Peoples’ rights to ownership, control, development and protection of their cultural
heritage, including collective intellectual property rights.
__________________
10
11
12
13
23-13642
The World Tourism Organization (UNWTO) is a United Nations specialized agency established
to promote sustainable tourism development. See https://www.unwto.org/about-us.
Available at https://www.e-unwto.org/doi/epdf/10.18111/9789284422579). UNWTO also led the
“Weaving the Recovery: Indigenous Women in Tourism” pilot project to ensure that Indigenous
women benefit from post-coronavirus disease (COVID-19) tourism recovery. See
https://www.unwto.org/weaving-the-recovery-indigenous-women-in-tourism.
UNWTO, Recommendations on Sustainable Development of Indigenous Tourism (Madrid,
UNWTO, 2019). Available at https://doi.org/10.18111/9789284421299.
See also general comment No. 21 of the Committee on Economic, Social and Cultural Ri ghts on
the right of everyone to take part in cultural life (2009), para. 37.
5/25