A/67/301
his reports examining the situation of indigenous peoples in particular countries. 1
Indigenous peoples have expressed concerns over their lack of participation in the
nomination, declaration and management of World Heritage sites, as well as
concerns about the negative impact these sites have had on their substantive rights,
especially their rights to lands and resources. The Permanent Forum and the Expert
Mechanism have both raised concerns in this connection in the course of their
work. 2
34. The exact number of World Heritage sites that are within or near the traditional
territories of indigenous peoples, or that otherwise affect them, is not certain and the
World Heritage Committee has apparently never undertaken a comprehensive
review of this, but the indications are that there are dozens of such sites.
35. In the meantime, there is still no specific policy or procedure which ensures
that indigenous peoples can participate in the nomination and management of these
sites. The Operational Guidelines for Implementation of the World Heritage
Convention, which set out the procedure for the inscription of properties on the
World Heritage list and the protection and conservation of sites, are silent on the
issue of participation by indigenous peoples. The guidelines provide only that States
parties to the Convention are encouraged to ensure the participation of a wide
variety of stakeholders in the identification, nomination and protection of World
Heritage properties.
36. Furthermore, States are not specifically required to provide any information on
the indigenous peoples and local communities living in or around a site they
nominate for World Heritage designation, or review the kind of impact a site might
have on the rights of these groups. In this connection, the templates provided in the
operational guidelines for nominating sites do not contain fields requiring States to
describe the potential impact a site might have on indigenous peoples or to provide
information about whether affected peoples have been asked about and agree with
the nomination, although States are asked to indicate the major categories of land
ownership, including traditional or customary ownership.
37. At its thirty-fifth session, in July 2011, the World Heritage Committee took an
important step in adopting decision 35 COM 12E, in which States parties are
encouraged to involve indigenous peoples and local communities in decisionmaking, monitoring and evaluation of the state of conservation of World Heritage
sites and to respect the rights of indigenous peoples when nominating, managing
and reporting on World Heritage sites in the territories of indigenous peoples.
However, until amendments are made to the operational guidelines, these proposals
may not fully take root. It is worth noting also that in 2001, the World Heritage
Committee rejected proposals put forward by indigenous peoples to establish a
council of experts of indigenous peoples, which was to act as an advisory body to
the Committee.
38. Other significant developments have taken place in cooperation with the
advisory bodies to the World Heritage Committee, which play key roles in the
declaration of sites. In 2011 the Permanent Forum on Indigenous Issues noted and
welcomed the initiative of the Committee and its three advisory bodies, the
International Union for Conservation of Nature (IUCN), the International Council
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See, for instance, A/HRC/21/47/Add.2, para. 50.
See, for instance, E/2010/43-E/C.19/2010/15, para. 131 and A/HRC/18/42, annex, para. 38.
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