A/HRC/61/49
33.
Since 2007, the World Heritage Committee has added to its strategic objectives the
enhancement of the role of communities in the implementation of the World Heritage
Convention.54 However, more efforts are needed to respect cultural rights in the everyday
implementation of the Convention. Many world heritage sites that overlap with Indigenous
Peoples’ territories have been classified as purely “natural sites”, in disregard of Indigenous
Peoples’ presence and contributions.55 Despite the instructions on respect for diversity, equity
and participatory approaches contained in the Operational Guidelines for the Implementation
of the World Heritage Convention,56 it has been argued that the management of listed world
heritage sites has led to serious violations of the cultural rights of local populations. Some
atrocious violations of cultural rights have reportedly occurred in national parks funded by
States of the global North, advised or co-managed by international conservation
organizations, and recognized by the World Heritage Committee as having outstanding
universal value. While States are the first duty bearers in guaranteeing respect for human
rights, UNESCO must act to strengthen its framework so that conservation projects enhance
cultural rights.
IV. Cultural rights issues in the context of nature conservation
policies
34.
The Special Rapporteur has repeatedly witnessed the negative effects of conservation
efforts on cultural rights, particularly those of Indigenous Peoples, most recently in
Indonesia 57 and the Lao People’s Democratic Republic 58 and, repeatedly, in the
United Republic of Tanzania. Since 2022, there have been fruitless discussions between the
Special Rapporteur, UNESCO and the United Republic of Tanzania regarding the
management of the Ngorongoro Conservation Area, which has led to resettlement, forced
evictions, home demolitions and additional restrictions on the livelihood of local populations
in the name of nature conservation. The Maasai pastoralists, numbering more than 82,000
persons, have not been consulted about the plans, and their physical and cultural survival
remains in danger.59 Reports alleging pressure and violence against and the intimidation of
those who defend natural resources and the rights to maintain and transmit ways of life and
practices related to them cannot continue to be ignored.60
35.
Conservation projects often ignore the importance of such sites for the individual and
shared identity of people.61 States must respect and fulfil cultural rights in the conception,
design, funding, implementation and management of conservation projects. They must let
them lead related projects whenever possible. They must respect the rights of affected groups
to take part in decision-making processes that have an impact on their cultural life and the
principle of the free, prior and informed consent of Indigenous Peoples and local
communities. They have an obligation to protect against cultural rights violations committed
by non-State conservation actors, such as conservation non-governmental organizations
(NGOs), donors and intergovernmental organizations.
54
55
56
57
58
59
60
61
10
submissions from Colombia, p. 4; and Estonia. For a visualization of the list, see
https://ich.unesco.org/en/dive?display=biome#tabs.
See https://whc.unesco.org/en/convention.
International Work Group for Indigenous Affairs, The Indigenous World 2025 (2025), pp. 719 and
720.
UNESCO, Operational Guidelines for the Implementation of the World Heritage Convention (Paris,
2025), paras. 12, 40, 47 ter, 64, 90, 111, 117, 121, 123, 211, 214 bis, 215 and 239 and annexes 3, 5
and 8.
See communication IDN 8/2025.
See A/HRC/61/49/Add.1.
See communications OTH 262/2021, OTH 263/2021 and OTH 264/2021.
For examples, see communications NIC 4/2025; IDN 6/2025 and related communications; and BGD
4/2025.
For examples of such sites, see submissions from Afghanistan, para. 3; Algeria, paras. 4–6;
El Salvador; Mali, p. 1; Mauritius; Mexico; Myanmar; Uzbekistan, para. 14; and Venezuela
(Bolivarian Republic of), pp. 2 and 3. See also submissions from Minority Rights Group and
Agnieszka Pawłowska-Mainville.
GE.26-01310