A/77/238 39. As documented in the report of the previous mandate holder on conservatio n in 2016, however, allegations from indigenous peoples around the world indicate to the contrary that the inclusion of sites in the World Heritage List may aggravate the loss of control by indigenous peoples over their lands and resources and human rights violations. 23 Indigenous peoples continue to express concerns about rights violations in the nomination and management of specific sites. Such concerns relate to disrespect for indigenous peoples’ rights to self-determined development and to participation in the identification, nomination and listing of sites, marginalization in the management and governance of sites, violations of the rights of access to, and use of, their lands, territories and resources in the management of sites, and of the right to share equitably in tourism benefits, and lack of consultation in the monitoring and evaluation of sites. 24 Indigenous peoples rarely receive part of the derived benefits, economic or otherwise, from the inclusion of sites on their territories in the List. 40. The World Heritage Convention differentiates between cultural and natural heritage, and a distinction between cultural and natural World Heritage sites is generally maintained in awarding World Heritage status. As of 2022, the UNESCO World Heritage Committee has designated 257 sites for conservation, of which 218 are natural sites and 39 are mixed natural and cultural sites. 25 This practice is highly problematic where indigenous peoples’ territories and heritage are concerned. The inclusion of natural sites in the World Heritage List without recognition of associated indigenous heritage values in the justification for such inclusion disregards the fact that for indigenous peoples, cultural and natural values are inseparably interwoven and should be managed and protected in a holistic manner. 26 41. With a view to strengthening international advocacy on indigenous peoples’ rights, the International Indigenous Peoples’ Forum on World Heritage was created in 2017 to represent the voices of indigenous peoples in engagement with the World Heritage Committee, the World Heritage Centre, advisory bodies and States parties. 27 42. The World Heritage Committee revised the Operational Guidelines for the Implementation of the World Heritage Convention in 2015, 2019 and 2021 to include provisions requiring States parties to adopt a human rights-based approach to the identification, nomination and management of World Heritage sites. The Guidelines now specify that “States parties shall consult and cooperate in good faith with the indigenous peoples concerned through their own representative institutions in order to obtain their free, prior and informed consent before including the sites on their tentative list” of sites for nomination to the World Heritage List when the site affects the lands, territories or resources of indigenous peoples. States are further encouraged to actively promote initiatives to develop equitable governance arrangements, collaborative management and redress mechanisms for indigenous peoples. 28 43. Despite these policy changes, the Special Rapporteur continues to receive reports of indigenous peoples’ being excluded from the nomination, declaration and management of World Heritage sites on their lands. While UNESCO has recognized numerous instances in which advisory bodies such as IUCN have proposed deferring __________________ 23 24 25 26 27 28 12/20 Submission by the International Work Group for Indigenous Affairs to the Special Rapporteur; and A/71/229, para. 51. Submission by the International Work Group for Indigenous Affairs to the Special Rapporteur. Submission by UNESCO to the Special Rapporteur. Submission by the International Work Group for Indigenous Affairs to the Special Rapporteur, citing the report of the Expert Mechanism on the Rights of Indigenous Peoples; and A/HRC/30/53, annex, para. 7. See https://iipfwh.org/. Operational Guidelines for the Implementation of the World Heritage Convention, paras. 12, 14bis, 64, 111, 117, 119, 123, 211, 214bis and 239. Available at https://whc.unesco.org/en/ documents/190976. 22-11289