A/78/162 to fish in traditional boats that are not built for that purpose. 25 In Latin America, the construction of a 1,500-km railway on the Yucatan Peninsula, a megaproject led by Mexico’s tourism agency, the Fondo Nacional de Fomento al Turismo (National Fund for the Promotion of Tourism), is threatening the rights of Indigenous Peoples. 26 19. Much still needs to be done to ensure a fair and equal redistribution of profits generated by the tourism industry, which continues to be dominated by developed countries, with the benefits going to their businesses. 27 In fact, Indigenous lands and destination countries are sometimes used as business expansion sites for the industrialized world. When economic return is generated from tourism projects, benefit-sharing can create division or conflict within Indigenous communities, 28 especially when benefit-sharing agreements are not established beforehand. In North America and South and South-East Asia, lucrative tourism events branded with Indigenous culture reportedly have not generated fair economic benefits or compensation for the Indigenous Peoples who are involved or used to promote the projects. 29 Employment opportunities for Indigenous Peoples are generally poorly paid. 30 20. The overdevelopment of real estate in or around Indigenous lands can lead to gentrification, gradually driving away Indigenous Peoples. 31 In other cases, the diversion of water has caused shortages, threatening Indigenous agriculture. 32 In Africa, the tourism sector, which is the main source of income for some Indigenous Peoples, has created economic dependency, leaving communities without other alternatives. 33 B. Right to land, territories and resources 21. In some cases, tourism has allowed Indigenous Peoples to strengthen their right to lands and territories, protect them from outside interference and increase or restore biodiversity. In some cases, the economic value behind the creation of protected areas __________________ 25 26 27 28 29 30 31 32 33 8/25 Joint submission by International Work Group for Indigenous Affairs and Asia Indigenous Peoples Pact. See Office of the United Nations High Commissioner for Human Rights press release, special procedures, “Government and business must address negative impacts of Train Maya project ” (7 December 2022); communication MEX 11/2020 addressed to Mexico; and communication MEX 10/2022 addressed to Mexico, available at https://spcommreports.ohchr.org/TMResults Base/DownLoadPublicCommunicationFile?gId=27570 (in Spanish). David Diaz Benavides, “The Viability and Sustainability of International Tourism in Developing Countries”, Symposium on Tourism Services, World Trade Organization (2001). Submission by Ecuador. Submission by Assembly of First Nations; see also the shadow report of the Khmers KampucheaKrom Federation to the 125th session of the Human Rights Committee – Viet Nam (CCPR/C/VNM/3), 2019, available at https://ccprcentre.org/files/documents/INT_CCPR_CSS_ VNM_33385_E_(1).pdf. On the issue of tribal tours, see https://www.youthkiawaaz.com/2016/ 04/tribal-tourism-in-india/. Submission by Alternative for India Development. Submission by Defensoría del Pueblo de la Nación Argentina; see also https://www.nativeamericacalling.com/wednesday-jun-22-2022-indigenous-resistance-togentrification-in-puerto-rico/. See Healoha Carmichael, Lezley Jacintho and Nã Moku Aupuni o Ko’olau Hui v. Board of Land and Natural Resources and Alexander & Baldwin Inc., East Maui Irrigation Co., Ltd, and Hawaiian Commercial and Sugar Co., and County of Maui, Department of Water Su pply, SCWC16-0000071 (3 March 2022), available at https://static1.squarespace.com/static/5e9d03ad2ef5 fb2f520332cf/t/6221c224bcc3a2466684e140/1646379557019/219+ -+2022+03+03+ Opinion+of+the+Court+by+Wilson+J.pdf. Joint submission by Indigenous Peoples Rights International and International Work Group for Indigenous Affairs. 23-13642

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