A/HRC/30/53 at the expense of the land rights of indigenous peoples. As a result, the protection of world heritage can undermine indigenous peoples’ relationship with their traditional lands, territories and resources, as well as their livelihoods and cultural heritage, especially in sites where the natural values are deemed to be of outstanding universal value but the cultural values of indigenous peoples are not taken into account. 56. Non-State actors who invade indigenous peoples’ territories often negatively impact the fundamental connection between land rights and cultural heritage. Extractive industries and other business can result in profound and often irreversible damage to the cultural heritage of indigenous peoples. There is an urgent need to protect indigenous natural heritage from the operations of extractive industries and to recognize indigenous peoples’ substantive rights to self-determination. B. Traditional knowledge, intellectual property and cultural heritage 57. Traditional knowledge can be understood as a living body of knowledge that is developed, sustained and passed on from generation to generation within a community, often forming part of its cultural and spiritual identity. It encompasses knowledge, knowhow, skills, innovations and practices. Traditional knowledge also encompasses traditional cultural expressions, including dances, songs, handicrafts, designs, ceremonies, tales, or other artistic or cultural expressions. Intellectual property protection could make it possible to protect traditional remedies and indigenous crafts and music against misappropriation and enable communities to control and benefit collectively from their commercial exploitation. 58. In recent years, indigenous peoples, local communities and governments, mainly in developing countries, have demanded intellectual property protection for traditional forms of creativity and innovation. Indigenous peoples have expressed concern that existing international mechanisms to protect intellectual property are inadequate. They note that the intellectual property system focuses on protecting the intellectual property of individuals, rather than collectives, and views intellectual property as alienable, which is not consistent with indigenous peoples’ laws and policies related to their knowledge (A/HRC/21/53, para. 62). Furthermore, indigenous peoples reject the “public domain” status of traditional knowledge and traditional cultural expressions and argue that it opens them up to misappropriation and misuse. C. Tourism and cultural heritage 59. Cultural heritage has acquired enormous economic value as one of the mainstays of the tourism industry, often negatively impacting the rights of indigenous peoples. The inscription of sites on the World Heritage List is a catalyst for rapid tourism development. However, indigenous peoples rarely benefit from the often large-scale developments on their territories. 60. The Ngorongoro Conservation Area in the United Republic of Tanzania, which is classified as a World Natural Heritage site and constitutes a key tourist destination, provides very little benefit to the indigenous peoples of the area. 30 Pastoralist organizations have urged the Government to ensure that the income accruing from tourism in the area is 30 W. Olenasha, “A World Heritage Site in the Ngorongoro Conservation Area”, S. Disko and H. Tugendhat (eds.), World Heritage Sites and Indigenous Peoples’ Rights, p. 214 (see footnote 25 above). 15

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