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;
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130
23-13642
Submission by ICCA Philippines.
23/25