A/67/301
on Monuments and Sites and the International Centre for the Study of the
Preservation and Restoration of Cultural Property, to review current procedures and
capacity to ensure free, prior and informed consent and the protection of the
livelihoods and tangible and intangible heritage of indigenous peoples (E/2011/43E/C.19/2011/14, para. 41). In addition, in its resolution 4.048, adopted at its fourth
session in 2008, the IUCN World Conservation Congress resolved to apply the
requirements of the Declaration on the Rights of Indigenous Peoples to all of its
programmes and operations and called on Governments to work with indigenous
peoples’ organizations to ensure that protected areas which affect or may affect the
lands, territories and other resources of indigenous peoples are not established
without their free, prior and informed consent and to ensure due recognition of their
rights in existing protected areas.
39. In October 2011, the Special Rapporteur met with representatives of UNESCO
programmes that are relevant to indigenous peoples. He observed during the
meeting a willingness to improve the World Heritage nominations procedure related
to indigenous communities and to explore methods for doing so. However,
UNESCO representatives raised the issue of the limitations of their technical,
human and financial resources for carrying out consultations with all affected
indigenous peoples for all sites that have been nominated, as well as the political
challenges they often face in this regard, including a lack of cooperation by
Governments.
40. Nonetheless, it is worth noting that the Special Rapporteur has heard of
positive examples of participation by indigenous peoples in the declaration and
management of World Heritage sites, which demonstrate that these challenges can
be overcome, at least in certain contexts. In one example, he learned about the
designation of the Laponian area in northern Sweden as a World Heritage site,
which the Sami people actively supported. He also notes as an example of good
practice, the designation of Taos Pueblo in the United States as a World Heritage
site, which was proposed by the Taos people themselves. In the view of the Special
Rapporteur, proposals for the declaration of World Heritage sites that directly affect
indigenous peoples should come from those peoples, something that the States
parties to the World Heritage Convention and United Nations agencies should
promote.
UNESCO policy on indigenous peoples
41. A potential tool for addressing concerns regarding the declaration and
management of World Heritage sites lies in the anticipated, but not as yet developed,
UNESCO policy on indigenous peoples. In October 2011, the Special Rapporteur
and members of the Permanent Forum and the Expert Mechanism participated in a
meeting at the headquarters of UNESCO in Paris, at which the organization
launched its work to develop a policy on indigenous peoples. In a statement at the
launch the Special Rapporteur emphasized that UNESCO programming, just as that
of other United Nations agencies which touch upon the interests of indigenous
peoples, must at a minimum be consistent with the relevant international standards,
as well as with applicable national laws and policies.
42. Ideally, however, UNESCO programming would do more than avoid harm to
indigenous peoples, but would actively support their rights, as it already has in
numerous instances and through numerous programmes. The Special Rapporteur
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