A/HRC/30/53
communities, and States should ensure that diverse women’s voices within specific
communities are heard and that their human rights are not sacrificed in the name of culture
(A/67/287, para. 80).
A.
Participation at the international level
38.
Since the adoption of the Declaration, there have been repeated complaints by
indigenous peoples and human rights organizations about violations of the rights of
indigenous peoples in the implementation of the World Heritage Convention.16 There is no
procedure to ensure the participation of indigenous peoples in the nomination and
management of World Heritage sites nor is there a policy to ensure their free, prior and
informed consent to the nomination of such sites.17 Both the Permanent Forum on
Indigenous Issues and the Expert Mechanism have emphasized the importance of obtaining
the free, prior and informed consent of indigenous peoples with regard to territories
proposed for nomination and inscription as World Heritage sites. The Expert Mechanism
also noted that “robust procedures and mechanisms should be established to ensure
indigenous peoples are adequately consulted and involved in the management and
protection of World Heritage sites” (A/HRC/18/42, annex, para. 38).
39.
The Special Rapporteur in the field of cultural rights recommended that States seek
the free, prior and informed consent of source communities before adopting measures
concerning their specific cultural heritage, in particular in the case of indigenous peoples, in
accordance with the United Nations Declaration on the Rights of Indigenous Peoples. She
specifically emphasized that no inscription on UNESCO lists relating to cultural heritage or
national lists or registers should be requested or granted without the free, prior and
informed consent of the communities concerned (A/HRC/17/38 and Corr.1, para. 80).
40.
In 2011, the African Commission on Human and Peoples’ Rights adopted a
resolution condemning the inscription of Lake Bogoria National Reserve in Kenya on the
World Heritage List, as the World Heritage Committee had failed to respect the rights of
the Endorois community.18 In the resolution, the African Commission noted that many sites
“have been inscribed without the free, prior and informed consent of the indigenous peoples
in whose territories they are located and whose management frameworks are not consistent
with the principles of the UN Declaration on the Rights of Indigenous Peoples”. The
resolution drew attention to the general lack of respect for the rights of indigenous peoples
in the context of nomination of World Heritage sites.
41.
The International Union for the Conservation of Nature World Conservation
Congress adopted a resolution calling on the World Heritage Committee to review and
revise its procedures in consultation with indigenous peoples to ensure that their rights are
upheld and implemented in the management and protection of existing World Heritage
sites. The aim of the resolution is to make the decision-making process consistent with the
Declaration on the Rights of Indigenous Peoples and to ensure that no World Heritage sites
16
17
18
E/2010/43-E/C.19/2010/15, para. 131; A/HRC/18/42, annex, para. 38; and letter from the Special
Rapporteur on the rights of indigenous peoples to the Director of the World Heritage Centre
(A/HRC/25/74, p. 127).
“World Heritage and Indigenous Peoples — A Call to Action”, Report of the International Expert
Workshop on the World Heritage Convention and Indigenous Peoples (Copenhagen, 20 and 21
September 2012), p. 60.
Resolution No. 197 on Protection of Indigenous Peoples’ Rights in the Context of the World Heritage
Convention and the Designation of Lake Bogoria as a World Heritage site.
11