A/77/290
to continue to enjoy their cultural rights and religious ceremonies and also to continue
to have access to ancestral shrines or even medicinal flora. 87
67. Development projects also destroy cultural heritage. In the joint communication
TUR 13/2018, the Special Rapporteur expressed concern that the hydroelectrical
project on the Tigris River in Türkiye will submerge the Neolithic heritage city of
Hasankeyf and displace its population. While noting the response from Türkiye that
the project is a regional sustainable development pr oject aimed at bringing prosperity
and economic development to the region, the Special Rapporteur is of the view that
the project does not correspond to sustainable development.
68. One Ocean Hub observed how the South African, Namibian and Ghanaian
Governments’ project to develop an ocean economy (blue economy) has marginalized
indigenous peoples and small-scale fishers. The low regard for knowledge pluralism,
including of small-scale fishers, and the historical stereotyping of indigenous peoples
hindered their potential contribution to sustainable economic development, in
particular their potential contribution through a holistic and integrated environmental
ethos. Hub researchers have witnessed how marine space and resources have been
appropriated with little or no consultation with local communities and indigenous
peoples. 88
69. In certain regions of China, the uniform development programmes aimed at
poverty alleviation are said to have seriously threatened the health and sustainability of
local cultures, communities and their environment despite temporary economic gains. 89
B.
Tensions between cultural rights and nature conservation
70. One area where sustainable development commonly threatens cultural rights is
nature conservation, in particular the creation and management of protected areas.
Protected areas are seen as essential tools in achieving many of the targets of the
Sustainable Development Goals concerning conservation, biodiversity loss and forest
management. They are largely viewed as public goods and sustainable solutions to
the biodiversity crisis, as well as key climate change mitigators. However, according
to a report of the Special Rapporteur of the Human Rights Council on the rights of
indigenous peoples, they have often been created in the territories of indigenous
peoples or other land-dependent communities without any consultation,
compensation or consent (A/71/229). This has had deleterious effects on the cultural
rights of these groups, who are removed from their lands and often violently
prevented from returning.
71. This mode of nature conservation – commonly called “fortress conservation” –
necessarily entails significant religious and cultural loss for land -dependent
communities, whose cultural and spiritual identities are often inextricably intertwined
with their lands, territories and resources. 90 Indigenous resistance to the establishment
of protected areas is often rooted in the desire to safeguard both their land s and their
cultural identity, two aspects that are essential to their survival as peoples.
72. Protected areas are key sources of tourism revenue, one of the target areas
associated with Sustainable Development Goal 8 on promoting sustainable economic
growth, employment and decent work for all. For many countries, protected areas are
a vital part of the economy. As an example, 237 million people visited national parks
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87
88
89
90
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Contribution of Kenya National Human Rights Commission, p. 3.
Contribution of One Ocean Hub, pp. 3–5.
Contribution of the International Campaign for Tibet, p. 1.
Jeremie Gilbert and Kanyinke Sena, “Litigating indigenous peoples’ cultural rights: comparative
analysis of Kenya and Uganda”, African Studies, vol.77, No. 2 (2018), p. 204.
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