World Heritage, communities and rights: Setting a New Agenda

1. World Heritage, communities and rights: Setting a New Agenda Gonzalo Oviedo IUCN

2. The broadercontext: communities, rightsand conservation • The history of conservation, as much as the history of development, includes many examples of situations where communities have been affected as a result of measures implemented – protected areas and World Heritage sites are not an exception. • There is agreement today that conservation of nature should be respectful of people’s rights, individual and collective, and that it should contribute to human wellbeing (or at the minimum should not negatively affect it). • Good progress has been made on the international environmental policy front, such as the CBD, and also on national policies in many countries. • The conservation non-governmental community has adopted policies and frameworks that clearly address topics of indigenous and community rights.

3. Principles of TheConservationInitiativeonHumanRights (CIHR) 1. Respect human rights: Respect internationally proclaimed human rights; and make sure that we do not contribute to infringements of human rights while pursuing our mission. 2. Promote human rights within conservation programmes: Support and promote the protection and realization of human rights within the scope of our conservation programmes. 3. Protect the vulnerable: Make special efforts to avoid harm to those who are vulnerable to infringements of their rights and to support the protection and fulfilment of their rights within the scope of our conservation programmes. 4. Encourage good governance: Support the improvement of governance systems that can secure the rights of indigenous peoples and local communities in the context of our work on conservation and sustainable natural resource use, including elements such as legal, policy and institutional frameworks, and procedures for equitable participation and accountability.

4. The WH Convention, communities and rights • The Convention has five strategic objectives: credibility, conservation, capacity-building, communication, and enhanced community participation. State Parties are encouraged to pursue a partnership approach with communities in the identification, nomination and protection of World Heritage sites and to include communities as legitimate stakeholders in the decision-making process. • The Operational Guidelines of the Convention acknowledge that “human activities, including those of traditional societies and local communities [...] may be consistent with the Outstanding Universal Value of the area”. • Community management is recognised as an adequate management form in the Operational Guidelines, and so is collective land tenure. • However, the Convention instruments have still limited provisions regarding indigenous peoples and local communities.

5. Challenges and Opportunitiesforstrengtheningcommunity and rightsapproaches in WHC • The legacy of protected areas: WH sites are nominated on existing PA that in many cases have a history of insensitive establishment and management • Conflicts of World Heritage sites with communities are often difficult cases because of their international visibility, which makes countries sensitive and defensive. • OUV are seen some times as intrinsically conflicting with the rights of individuals and communities because these are local issues. • But World Heritage sites are ideally placed to showcase new approaches and innovation and lead by example.   • Ethically, OUV of World Heritage sites embody the highest standards of human cultures and nature, the Universal Declaration on Human Rights represents the highest ethical standards about human beings living with each other – therefore both should be at the same level in terms of their universality and the ideals of humankind that they represent.

6. Options for integrating community rights in World Heritage • Two-track process: improve current technical processes and tools, and influence policy frameworks through examples, good practice, and technical improvements • Focus more on national implementation than international frameworks – need to learn from the ground • Partner with key governments to implement and test tools and approaches • Partner with key indigenous and community organizations, as well as with conservation actors with a community focus • Partner with institutions such as UNPFII for constructive collaboration • Highlight the positive outcomes /the benefits of inclusive approaches and disseminate best practice • Build capacity of national agencies and stakeholders • At the same time, assess legal frameworks and tools in WHC and nationally and identify needs and opportunities for change