40 th Anniversary of the World Heritage Convention International Expert Workshop on the World Heritage Convention and Indigenous Peoples 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 4 th and 5 th 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, 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. 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” approach  Without 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.” 5 th 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.” 5 th 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.” 5 th Session Report of the Expert Mechanism’s Proposal on the World Heritage Committee Continued

HAI HAI (THANK YOU)