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target, not enough assurances have been given so far to indigenous peoples that their
rights will be preserved in the process. They fear a new wave of green investment
without recognition of their land tenure, management and knowledge, increased
restrictions on access to their lands, waters and resources, and scaled up approaches
to conservation based on protected areas, which have proved to generate forced
evictions, violence and killings. Real drivers of biodiversity decline, such as
industrialization, overconsumption and climate change, must be addressed. Simply
enlarging the global protected area surface without ensuring the rights of indigenous
peoples dependent on those areas is not the solution.
34. Indigenous peoples call for express recognition of their rig hts under
international law, including their right to free, prior and informed consent, and
demand a clear commitment to a human rights-based approach in the post-2020 global
biodiversity framework. They also call for the inclusion of indicators to monitor
indigenous land tenure.
35. The Special Rapporteur welcomes the multiple references to indigenous peoples
in the draft targets of the post-2020 global biodiversity framework. Nevertheless,
States must demonstrate a genuine commitment to a human rights -based approach to
conservation by including express recognition thereof in the final text to be adopted
at the fifteenth session of the Conference of the Parties.
2.
United Nations Educational, Scientific and Cultural Organization World
Heritage sites
36. Together with previous mandate holders, the Special Rapporteur has long
advocated that the Operational Guidelines for the Implementation of the World
Heritage Convention should be revised in line with the United Nations Declaration
on the Rights of Indigenous Peoples and that further human rights violations at World
Heritage sites should be prevented. The World Heritage Committee, which is tasked
with implementing the Convention, is a governing body consisting of 21 States, with
UNESCO acting as its secretariat.
37. In 2017, following several years of consultations, the UNESCO Executive
Board took note with satisfaction of the UNESCO policy on engaging with indigenous
peoples. 20 In the policy, it is noted that, consistent with article 41 of the United
Nations Declaration on the Rights of Indigenous Peoples, UNESCO, as a specialized
agency of the United Nations, is committed to the full realization of the provisions of
the Declaration. UNESCO also commits itself to mainstreaming in its work the rights
of indigenous peoples as defined in the Declaration.
38. The inclusion of a site in the World Heritage List implies funding for site
protection and conservation and essentially guarantees a sustained increase in tourism
and associated economic benefits in the State. UNESCO assumes that the inclusion
of a site on indigenous territory in the List will generally have a positive impact on
indigenous peoples’ rights. 21 If designed and managed with the inclusion and full and
effective participation of indigenous peoples, and with respect for their collective
rights, World Heritage sites could serve to support indigenous peoples’ livelihoods
and self-determined development. The international attention and oversight that
comes with World Heritage status can potentially be used to promote improved
indigenous participation in the management and governance of sites, enhanced
benefit-sharing and redress for past violations of indigenous rights. 22
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20
21
22
22-11289
Available at https://en.unesco.org/indigenous-peoples/policy.
Submission by UNESCO to the Special Rapporteur.
Submission by the International Work Group for Indigenous Affairs to the Special Rapporteur.
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