Transcript Office of the United Nations High Commissioner for Human Rights 40th Anniversary of the World Heritage Convention International Expert Workshop on the World.

Office of the United Nations High Commissioner for
Human Rights
40th Anniversary of the World Heritage Convention
International Expert Workshop on the World Heritage
Convention and Indigenous Peoples
20-21 September 2012 Copenhagen, Denmark
UN EXPERT MECHANISM ON THE RIGHTS OF INDIGENOUS
PEOPLES: THE RIGHT OF INDIGENOUS PEOPLES TO
PARTICIPATE IN DECISION-MAKING
EMRIP’s Consideration of the Issue
of World Heritage Sites
* The issue of world heritage sites is an important aspect of the
right to participate in decision-making. In fact, the Expert
Mechanism’s most recent study provides a legal and policy
framework for examining the appropriate approach to heritage
sites’ nominations and designations.
* This issue has been referenced and highlighted in the Expert
Mechanism’s 4th and 5th reports.
EMRIP’s Consideration of the Issue
of World Heritage Sites
• In the 4th Session report, the Expert Mechanism identified the
need for UNESCO and other UN agencies to «enable and ensure
effective representation and participation of indigenous peoples
in deicision-making (including management and protection of
rights)» in relation to UNESCO conventions and policies that affect
Indigenous Peoples. (paragraph 31)
• In the 5th Session report, the Expert Mechanism further
elaborated upon the need for effective participation and
representation of Indigenous Peoples in matters concerning the
World Heritage Convention.
KEY MESSAGES
1. Respect the rights of Indigenous Peoples, especially
the right to free, prior and informed consent, and to the
mainenance, control and protection of cultural heritage,
traditional knowledge and traditional cultural expressions and
related intellectual property.
2. Build Partnerships between Indigenous Peoples, States and
relevant UN agencies that result in an approach to World
Heritage Sites that respects and promotes the rights of
Indigenous Peoples.
Current Studies of Indigenous Specific
Mechanisms Relevant to the
Conceptual and Policy Framework
 Expert Mechanism: The Right of Indigenous Peoples to Participate
in Decision-making with a Focus on Extractive Industries
 Special Rapporteur: Report on Extractive Industries Operating
Within or Near Indigenous Territories and development of
guidelines
 Permanent Forum: Analysis on the duty of the State to protect
Indigenous Peoples affected by Transnational Corporations and
other Business Entities
EMRIP’S Report on the Right to Participate with
a Focus on Extractive Industries
Introduction
 Mandate for the Report, Coordination with other
Mechanisms and with the Working Group on Business and
Human Rights
International Legal and Policy Framework
 Law
* Permanent sovereignty of Indigenous Peoples over Natural
Resources and the UN Declaration
* Sustainable development and environmental responsibility
and rights
* The Guiding Principles and how they relate to Indigenous
Peoples and the right to participate in the context of
extractive industries
EMRIP’S Report on the Right to Participate with
a Focus on Extractive Industries
Policy
 Rationale
 Urgency and Importance of the Issues
 Procedural versus substantive rights
 Indigenous women and girls and the right to
participate in decision-making in the context of
extractive industries
 Current examples: partnerships
EMRIP’S Report on the Right to Participate with
a Focus on Extractive Industries
Advice No. 4
 Background
 Law
 Policy
 Practice Advice for States on how to meet their
obligations
 Practical Advice for Extractive Industries on how to
meet the requirements to respect the rights of
Indigenous Peoples
 Practical Advice for Indigenous Peoples on how to meet
their responsibilities and protect their human rights
Free, prior and informed consent
(FPIC)
 The right to say “yes” or
“no” to proposed
developments/world
heritage site designation on
peoples’ lands and
territories.
 Consent which is
determined in conformity
with, or respect for, peoples’
cultures, customary systems
and practices.
According to peoples’ own
representative
organizations/institutions.
Iterative and negotiated, not
hurried or “one-off” approach
Without coercion or duress
(“Free”)
Before the initiation of
activities/site designation
(“Prior”)
Working Group on Business and Human Rights
 Provides advice to the Human Rights Council (similar to the
Expert Mechanism)
 Special Representative of the Secretary-General on the issue
of human rights and transnational corporations and other
business enterprises, John Ruggie
 Guiding Principles on Business and Human Rights:
Implementing the UN «Protect, Respect and Remedy
Framework»
The Ruggie Guidelines
These guidelines are structured on three main pillars:
 The state duty to protect related human rights abuses by third
parties, including business enterprises, through appropriate
policies, regulation and adjudication;
 The corporate responsibility to respect human rights, meaning
businesses should act with due diligence to avoid infringement on
the rights of others and to address adverse impacts with which
they are associated;
 The need for greater access to remedy for victims of businessrelated human rights abuses (judicial and non-judicial)
5th Session Report of the Expert Mechanism’s
Proposal on the World Heritage Committee
Applying the Right to Participate to the Conceptual and Policy
Framework of the World Heritage Convention:
 “Reiterates that UNESCO must enable and ensure effective
representation and participation of indigenous peoples in
decision-making related to the World Heritage Convention and
that robust procedures and mechanisms should be established to
ensure that indigenous peoples are adequately consulted and
involved in the management and protection of World Heritage
sites, and that their free, prior and informed consent is obtained
when their territories are being nominated and inscribed as
World Heritage sites.”
5th Session Report of the Expert Mechanism’s
Proposal on the World Heritage Committee
Continued
 “Welcomes World Heritage Committee decision 35 COM 12E
(2011), in which the Committee encourages States to involve
indigenous peoples in decision-making, monitoring and
evaluation of the state of conservation of World Heritage sites
and to respect the rights of indigenous peoples when nominating,
managing and reporting on World Heritage sites in indigenous
peoples’ territories.”
5th Session Report of the Expert Mechanism’s
Proposal on the World Heritage Committee
Continued
 “Encourages the World Heritage Committee to establish a
process to elaborate, with the full and effective participation of
indigenous peoples, changes to the current procedures and
operational guidelines and other appropriate measures to ensure
that the implementation of the World Heritage Convention is
consistent with the United Nations Declaration on the Rights of
Indigenous Peoples and that indigenous peoples can effectively
participate in the World Heritage Convention’s decision-making
processes.”
HAI HAI (THANK YOU)