40th Anniversary of the World Heritage ConventionInternational Expert Workshop on the World Heritage

Convention and Indigenous Peoples20-21 September 2012 Copenhagen, Denmark

UN EXPERT MECHANISM ON THE RIGHTS OF INDIGENOUS PEOPLES: THE RIGHT OF INDIGENOUS PEOPLES TO

PARTICIPATE IN DECISION-MAKING

Office of the United Nations High Commissioner for

Human Rights

* 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.

EMRIP’s Consideration of the Issue of World Heritage Sites

1. Respect the rights of Indigenous Peoples, especiallythe 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.

KEY MESSAGES

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

Current Studies of Indigenous Specific Mechanisms Relevant to the

Conceptual and Policy Framework

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

EMRIP’S Report on the Right to Participate with a Focus on Extractive Industries

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” approachWithout coercion or duress (“Free”)Before the initiation of activities/site designation (“Prior”)

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»

Working Group on Business and Human Rights

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 business-related human rights abuses (judicial and non-judicial)

The Ruggie Guidelines

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

“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.”

5th Session Report of the Expert Mechanism’s Proposal on the World Heritage Committee

Continued

HAI HAI (THANK YOU)