A/78/162 6. The World Tourism Organization (UNWTO) 10 has collaborated with Indigenous Peoples and organizations to develop guidelines and best practices for sustainable tourism that respect Indigenous Peoples’ rights, including the Inclusive Recovery Guide: Sociocultural Impacts of COVID-19: Indigenous Communities 11 and specific recommendations on sustainable development of Indigenous tourism (2019) 12 to encourage tourism enterprises to operate in a responsible and sustainable manner while enabling Indigenous Peoples wishing to participate in tourism to benefit from its opportunities and effectively engage in the consultation process. In March, UNWTO launched the Compendium of Good Practices in Indigenous Tourism: Regional Focus on the Americas. The Compendium, developed in the context of the World Trade Organization programme on tourism and Indigenous Peoples launched in 2017, puts forward a series of recommendations aimed at facilitating tourism development led by Indigenous Peoples and at tourists engaging in Indigenous tourism. IV. Legal and policy framework 7. The role of Indigenous Peoples in sustainable tourism development must be understood and addressed within the context of the internati onal human rights framework on the rights of Indigenous Peoples, including the United Nations Declaration on the Rights of Indigenous Peoples and ILO Indigenous and Tribal Peoples Convention, 1989 (No. 169) and other international and regional human rights instruments recognizing Indigenous Peoples’ rights. A detailed review of Indigenous Peoples’ rights to self-determination, autonomy, self-government, participation in decision-making, consultation and free, prior and informed consent is available in previous reports (A/71/229 and A/77/238). 8. States and companies that promote tourism projects in Indigenous territories or engage in activities concerning Indigenous culture should be particularly aware of Indigenous Peoples’ rights to protect and develop manifestations of their cultures, including the right to freely and privately access their religious and cultural places. States should provide redress through effective mechanisms in cases of appropriation of Indigenous cultural and spiritual property witho ut their free, prior and informed consent (articles 11 and 12 of the United Nations Declaration on the Rights of Indigenous Peoples). 9. As an expression of their right to self-determination, Indigenous Peoples have the right to the dignity and diversity of their cultures, traditions, histories and aspirations, which shall be properly reflected in public information, and the right to protect their cultural heritage, knowledge and cultural expressions (ibid., articles 15 and 31). 13 To protect Indigenous Peoples from the misuse and misappropriation of their tangible and intangible cultural heritage and knowledge, article XXVIII of the American Declaration on the Rights of Indigenous Peoples recognizes Indigenous Peoples’ rights to ownership, control, development and protection of their cultural heritage, including collective intellectual property rights. __________________ 10 11 12 13 23-13642 The World Tourism Organization (UNWTO) is a United Nations specialized agency established to promote sustainable tourism development. See https://www.unwto.org/about-us. Available at https://www.e-unwto.org/doi/epdf/10.18111/9789284422579). UNWTO also led the “Weaving the Recovery: Indigenous Women in Tourism” pilot project to ensure that Indigenous women benefit from post-coronavirus disease (COVID-19) tourism recovery. See https://www.unwto.org/weaving-the-recovery-indigenous-women-in-tourism. UNWTO, Recommendations on Sustainable Development of Indigenous Tourism (Madrid, UNWTO, 2019). Available at https://doi.org/10.18111/9789284421299. See also general comment No. 21 of the Committee on Economic, Social and Cultural Ri ghts on the right of everyone to take part in cultural life (2009), para. 37. 5/25

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