A/78/162
10. Article 7 of the International Covenant on Economic, Social and Cultural Rights
recognizes the right to the enjoyment of just and favourable con ditions of work and
article 17 of the United Nations Declaration on the Rights of Indigenous Peoples
recognizes Indigenous Peoples’ labour rights and the obligation of States to take
special measures for Indigenous children, in consultation with Indigenous Peoples.
Article 20 of ILO Convention No. 169 establishes the State’s responsibility to prevent
discrimination against Indigenous Peoples in the workplace.
11. United Nations specialized agencies play a key role in ensuring that tourism
development respects Indigenous Peoples’ rights. Through its supervisory
mechanisms, ILO has issued direct requests and observations to State parties to
Convention No. 169 regarding the tourism sector and Indigenous Peoples ’ rights. 14
The 1992 Convention on Biological Diversity affirms the need to respect, preserve
and maintain the knowledge, innovations and practices of Indigenous Peoples
embodying traditional lifestyles (articles 1, 8 and 15). The World Intellectual Property
Organization protects the intellectual property of Indigenous Peoples and aims to
encourage and empower them to use intellectual property tools strategically, if they
so wish, to protect their knowledge and cultural expressions.
12. The preamble of the 2003 UNESCO Convention for the Safeguarding of the
Intangible Cultural Heritage recognizes that Indigenous Peoples play an important
role in the production, safeguarding, maintenance and recreation of the intangible
cultural heritage, enriching cultural diversity and human creativity. Article 7 (1) (a)
of the 2005 Convention on the Protection and Promotion of the Diversity of Cultural
Expressions enacts measures to promote cultural expressions, paying special attention
to the needs of Indigenous Peoples.
13. The UNWTO 1999 Global Code of Ethics for Tourism is targeted at States,
tourism development stakeholders and tourists alike to address negative impacts on
the environment, cultural heritage and societies. The Code is implemented by means
of a voluntary mechanism, 15 but in 2019, it was converted into a binding instrument,
the Framework Convention on Tourism Ethics, which will enter into force once it is
ratified by 10 States. 16 The Convention calls for maximizing benefits of the tourism
sector while minimizing negative impacts on the environment, cultural heritage and
societies across the globe. The Convention is supplemented by an Optional Protocol
that sets out a conciliation mechanism for settling disputes between States or between
States and tourism development stakeholders concerning the implementation of the
Convention. The World Committee on Tourism Ethics promotes and monitors the
implementation of the Global Code of Ethics for Tourism and the Framework
Convention on Tourism Ethics. 17
V. Impacts of tourism on Indigenous Peoples’ rights
14. Tourism development, if carried out in a sustainable, rights-based manner,
represents an important opportunity for Indigenous Peoples to work with
Governments to protect their rights. Tourism has already had a positive impact on
Indigenous Peoples’ rights, including with respect to protecting lands from extractive
encroachment, creating economic opportunities, restoring biodiversity, revitalizing
culture and language and reducing the migration of Indigenous youth seeking out
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Argentina (2005), Bolivia (Plurinational State of) (2006), Colombia (2013, 2014), Ecuador (2015),
El Salvador (2012, 2014), Fiji (2014), Guatemala (2006, 2019), Honduras (2000 , 2003, 2004),
Nicaragua (2014, 2016, 2017, 2018) and Panama (2005, 2009, 2022).
See https://www.unwto.org/global-code-of-ethics-for-tourism.
See https://www.unwto.org/ethics-convention.
See https://www.unwto.org/world-committee-tourism-ethics.
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