A/78/162
in the form of national parks, game reserves, conservation areas and UNESCO world
heritage sites has incentivized Governments to prioritize the development of tourism
over extractive activities on Indigenous lands. Indigenous Peoples may consider the
development of tourism “a lesser evil” when faced with resource exploitation, such
as mining or logging.
22. However, the preservation of Indigenous lands for tourism purposes has rarely
coincided with an increase in Indigenous Peoples’ security of land tenure and has, on
the contrary, led to massive evictions from forests, grazing areas, wildlife habitats
and seashores 34 and restricted access to sacred places 35 and resources. 36
23. Recent examples of evictions and other gross human rights violations such as
arbitrary arrests, killings, torture and other ill-treatments to create protected areas for
tourism purposes were detailed in the 2022 report of the Special Rapporteur to the
General Assembly on protected areas (A/77/238) and in communications to
Governments, including Botswana, 37 Namibia, 38 Nepal, 39 Thailand, 40 Uganda 41 and
the United Republic of Tanzania. 42
24. The mandate holder emphasized the need to prioritize Indigenous Peoples ’ land
rights over tourism projects in an expert testimony before the African Commission on
Human and Peoples’ Rights in 2020. 43 The testimony was delivered in the context of
reparations for the Endorois peoples, whom the African Commission had declared in
a landmark ruling of 2010 to have been unlawfully evicted from their lands to make
way for a national reserve and tourist facilities. 44
25. Sporting events and infrastructure have also infringed on Indigenous Peoples ’
rights to land and resources. The Asia Infrastructure Investment Bank-funded
Mandalika project in Indonesia has resulted in forced evictions, involuntary
resettlement and increased militarization of the Indigenous Sasak people, who
comprise 85 per cent of the region’s inhabitants. The creation of the Mandalika
International Circuit, a motorcycle track that hosts large international races, including
the Moto Grand Prix, has severely restricted the Sasak people’s freedom of
movement. 45 In North America, the failure of a heli-skiing business to obtain the free,
prior and informed consent of Indigenous Peoples has led to conflicts with Indigenous
Peoples, who rely on the land for hunting and trapping. 46
__________________
34
35
36
37
38
39
40
41
42
43
44
45
46
23-13642
Ibid.
Communication AL OTH 183/2021, available at https://spcommreports.ohchr.org/TMResults
Base/DownLoadPublicCommunicationFile?gId=26310 . Joint submission by International Work
Group for Indigenous Affairs and Asia Indigenous Peoples Pact.
See A/77/238; see also communication UGA 5/2022 addressed to Uganda and communication
TZA 2/2019 addressed to the United Republic of Tanzania.
Communication AL BWA 3/2021.
Communication AL NAM 2/2021, available at https://spcommreports.ohchr.org/TMResultsBase/
DownLoadPublicCommunicationFile?gId=26802.
Communication AL NPL 3/2020, available at https://spcommreports.ohchr.org/TMResultsBase/
DownLoadPublicCommunicationFile?gId=25642.
Communication AL THA 4/2021.
Communication UGA 5/2022.
Communication TZA 3/2021.
Special Rapporteur on the rights of Indigenous Peoples, Expert testimony at the request of the
African Court on Human and Peoples’ Rights on reparations in the case African Commission on
Human and Peoples’ Rights v. Kenya, Application No. 006/2012, 29 April 2020.
Centre for Minority Rights Development (Kenya) and Minority Rights Group International on
behalf of the Endorois Welfare Council v. The Republic of Kenya, communication 276/2003, 2010.
Communication AL IDN 5/2021 addressed to Indonesia; and communication AL IDN 3/2022
addressed to Indonesia, available at https://spcommreports.ohchr.org/TMResultsBase/DownLoad
PublicCommunicationFile?gId=27786.
Submission by Assembly of First Nations.
9/25