A/78/162 violence against human rights defenders, commodification, loss and misuse of Indigenous culture, unfair distribution of benefits, violence against women and children and inequitable working conditions for Indigenous workers. 84. States should adopt adequate legal frameworks that recognize and protect the rights of Indigenous Peoples in the context of the tourism industry and consult with Indigenous Peoples when adopting tourism legislation and policy. When Indigenous Peoples decide to engage in the tourism sector, they should be financially and institutionally supported. The private sector working in this industry must comply with international obligations to respect the human rights of Indigenous Peoples as outlined in the Guiding Principles on Business and Human Rights. Tourism projects in Indigenous Peoples’ territories must recognize the special rights of Indigenous Peoples within their own territories and their cultural practices, legal systems and sacred areas. Before decisions concerning tourism activities are taken, the affected Indigenous Peoples must be consulted to obtain their free, prior and informed consent. In addition, business operators must perform their due diligence, respect and equitably share benefits, and establish accessible remedies. 85. Indigenous-led tourism empowers Indigenous Peoples to engage in selfdetermined development, strengthen and revitalize Indigenous institutions and culture, generate revenues to support their social and economic growth, counter the migration of young people by offering employment opportunities and support Indigenous women’s participation and entrepreneurship. In addition, interaction with tourists can generate support for community-identified needs and initiatives, exchanges that promote solidarity for Indigenous Peoples’ rights, and shared values that combat racial discrimination, biodiversity loss and climate change.130 86. The Special Rapporteur encourages tourists to choose Indigenous-led tourism initiatives or those with direct business relations with Indigenous Peoples and to respect Indigenous protocols and other guidelines while visiting Indigenous communities, including the taking of photographs or videos of Indigenous peoples, sacred areas, rituals and ceremonies; access to sacred locations; and participation in ceremonies and rituals. 87. The Special Rapporteur reiterates the recommendations contained in previous reports on protected areas and conservation measures (A/71/229 and A/77/238) and further recommends that States should: (a) Provide Indigenous Peoples with legal recognition of their lands, territories and resources; such recognition should be given with due respect for the legal systems and land tenure systems of the Indigenous Peoples concerned; (b) Refrain from deploying military forces in relation to tourism projects in Indigenous Peoples’ traditional territory without consultation and their free, prior and informed consent; (c) Adopt laws and regulations in consultation with Indigenous Peoples to protect access to their knowledge, cultural expressions and cultural heritage, including regulation of collective intellectual property rights and fair and equitable sharing of benefits; (d) Refrain from granting tourism licences or authorizing tourism projects and infrastructure that may have an impact on Indigenous Peoples without consulting them and obtaining their free, prior and informed consent; __________________ 130 23-13642 Submission by ICCA Philippines. 23/25

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