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