A/HRC/30/53
at the expense of the land rights of indigenous peoples. As a result, the protection of world
heritage can undermine indigenous peoples’ relationship with their traditional lands,
territories and resources, as well as their livelihoods and cultural heritage, especially in sites
where the natural values are deemed to be of outstanding universal value but the cultural
values of indigenous peoples are not taken into account.
56.
Non-State actors who invade indigenous peoples’ territories often negatively impact
the fundamental connection between land rights and cultural heritage. Extractive industries
and other business can result in profound and often irreversible damage to the cultural
heritage of indigenous peoples. There is an urgent need to protect indigenous natural
heritage from the operations of extractive industries and to recognize indigenous peoples’
substantive rights to self-determination.
B.
Traditional knowledge, intellectual property and cultural heritage
57.
Traditional knowledge can be understood as a living body of knowledge that is
developed, sustained and passed on from generation to generation within a community,
often forming part of its cultural and spiritual identity. It encompasses knowledge, knowhow, skills, innovations and practices. Traditional knowledge also encompasses traditional
cultural expressions, including dances, songs, handicrafts, designs, ceremonies, tales, or
other artistic or cultural expressions. Intellectual property protection could make it possible
to protect traditional remedies and indigenous crafts and music against misappropriation
and enable communities to control and benefit collectively from their commercial
exploitation.
58.
In recent years, indigenous peoples, local communities and governments, mainly in
developing countries, have demanded intellectual property protection for traditional forms
of creativity and innovation. Indigenous peoples have expressed concern that existing
international mechanisms to protect intellectual property are inadequate. They note that the
intellectual property system focuses on protecting the intellectual property of individuals,
rather than collectives, and views intellectual property as alienable, which is not consistent
with indigenous peoples’ laws and policies related to their knowledge (A/HRC/21/53,
para. 62). Furthermore, indigenous peoples reject the “public domain” status of traditional
knowledge and traditional cultural expressions and argue that it opens them up to
misappropriation and misuse.
C.
Tourism and cultural heritage
59.
Cultural heritage has acquired enormous economic value as one of the mainstays of
the tourism industry, often negatively impacting the rights of indigenous peoples. The
inscription of sites on the World Heritage List is a catalyst for rapid tourism development.
However, indigenous peoples rarely benefit from the often large-scale developments on
their territories.
60.
The Ngorongoro Conservation Area in the United Republic of Tanzania, which is
classified as a World Natural Heritage site and constitutes a key tourist destination,
provides very little benefit to the indigenous peoples of the area. 30 Pastoralist organizations
have urged the Government to ensure that the income accruing from tourism in the area is
30
W. Olenasha, “A World Heritage Site in the Ngorongoro Conservation Area”, S. Disko and H.
Tugendhat (eds.), World Heritage Sites and Indigenous Peoples’ Rights, p. 214 (see footnote 25
above).
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