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FOREWORDxiiilivelihoods and tangible and intangible cultural heritage in World Heritage areas, among manyother issues.My predecessor as Special Rapporteur, James Anaya, dedicated a whole section of his 2012report to the UN General Assembly to the recurring issue of the impact of World Heritage sites onindigenous peoples, which contains a range of observations and recommendations on measuresto prevent and remedy violations of indigenous rights in the implementation of the World HeritageConvention. Additional recommendations are contained in a communication he sent to the WorldHeritage Centre on 18 November 2013. I intend to follow-up these recommendations during thecourse of my mandate as Special Rapporteur.It is clear that there is widespread recognition among human rights bodies of the legacy ofproblems in the implementation of the World Heritage Convention and the impacts that this has hadon indigenous peoples. I therefore want to add my support to an important 2012 recommendationof the UN Expert Mechanism on the Rights of Indigenous Peoples, which states: “The ExpertMechanism encourages the World Heritage Committee to establish a process to elaborate, withthe full and effective participation of indigenous peoples, changes to the current procedures andoperational guidelines and other appropriate measures to ensure that the implementation of theWorld Heritage Convention is consistent with the United Nations Declaration on the Rights ofIndigenous Peoples and that indigenous peoples can effectively participate in the World HeritageConvention’s decision-making processes.”The members of the Expert Mechanism highlighted both the importance of the UN Declarationon the Rights of Indigenous Peoples as a guide in implementing other conventions or treaties, andthe importance of full and effective participation of indigenous peoples in decision-making thataffects them, both themes that are explored at length in this book and which are fundamental toempowering indigenous peoples to guide their own development.This book provides detailed case studies exploring the history and continued development andmanagement of World Heritage sites that incorporate, in whole or in part, the lands, territories andresources of indigenous peoples. The testimonies and histories recorded in this book reveal someof the key challenges facing States and the World Heritage Convention bodies in ensuring that theimplementation of the Convention does, in fact, support the aspirations of indigenous peoples tosee their rights recognized and respected. The testimonies also reveal the hard work done byindigenous peoples in fighting for respect for their rights in World Heritage areas, through directadvocacy with the World Heritage Committee, engagement with international and/or regionalhuman rights bodies, and national level efforts to achieve self-determination over their lands,territories and resources and their economic, social and cultural development as distinct peoples.The stories contained herein reflect both the potential for the World Heritage Convention tosupport the self-determined development of indigenous peoples by helping them to preventnegative developments in their territories, and the difficulties inherent in the implementation of aConvention that does not explicitly recognize the rights of the peoples on which it has a directimpact. I hope that this book will form a contribution to increasing the respect between the WorldHeritage Convention and the rights of the indigenous peoples living in or around the natural,cultural and mixed sites protected under the Convention.

xivWORLD HERITAGE SITES AND INDIGENOUS PEOPLES’ RIGHTSIn accordance with Human Rights Council resolution 15/14 of 2010, core aspects of mymandate as Special Rapporteur are examining ways and means of overcoming existing obstaclesto the full and effective protection of the rights of indigenous peoples; formulating recommendationsand proposals on appropriate measures and activities to prevent and remedy violations of therights of indigenous peoples; and developing a regular cooperative dialogue with all relevantactors, including Governments, relevant United Nations bodies, specialized agencies andprogrammes. As Special Rapporteur, I look forward to engaging with all the agencies and bodiesinvolved in the implementation of the World Heritage Convention to improve its record with indigenouspeoples, and to supporting indigenous peoples in the protection of their own heritage.

xvPrefaceAnnie Ngalmirama, Chairperson, Gundjeihmi Aboriginal CorporationSince the adoption of the UN Declaration on the Rights of Indigenous Peoples in 2007, agreat deal of attention has been paid to respecting the rights of Indigenous peoples in theimplementation of the World Heritage Convention. During the Convention’s 40th anniversary in2012 (officially celebrated under the theme of “World Heritage and Sustainable Development: theRole of Local Communities”), the need to improve protection of indigenous peoples’ rights in WorldHeritage sites was often talked about. For the Gundjeihmi Aboriginal Corporation, which representsthe Mirarr Aboriginal people, this issue is very important as part of our country lies within KakaduNational Park, which has been listed as a World Heritage site for over thirty years.Kakadu is many things to many people. It is World Heritage, it is a national park; it is whereuranium mining occurs. For us Mirarr and other local Aboriginal people (Bininj), it is home. It is ourancient and long-lasting home. Our word for our land is Gunred. Gunred sustains us and wesustain it. We are obliged to care for it and for those who visit it. We do not see ourselves asseparate to our land. Our land exists through us and we exist through it.For many years, Kakadu has been a place where the Australian government and we Bininjhave worked, lived and argued together. We Bininj are proud of our home and of its World Heritagerecognition. For over thirty years, Mirarr have worked to protect our home against unwanteduranium mining and sometimes against the government’s way of managing our land. Sometimes,we are at one with the government; at other times, we are in strong disagreement. We have alsoresorted to open protest and, to stop the proposed Jabiluka uranium mine, campaigned here inKakadu and across Australia and the world. In the end we prevailed and mining at Jabiluka wasstopped.We have learned much along this journey with the Australian Government and the UNESCOWorld Heritage Committee. Kakadu’s World Heritage status has helped us to prevail, by drawinginternational attention to our disagreements with the government. We have learned much aboutwhat we believe to be the denial of our fundamental international human rights because of miningand the way the Park has been managed.We have also had positive experiences with the government. Over the years we have developedclose working relationships and friendships with park rangers and other government staff. Theyhave often helped us manage our land and they have been there during trying times. In recentyears, we have also worked alongside the Djok clan and the government in partnership to secureWorld Heritage recognition of the Koongarra area.Our journey with the government and the World Heritage Committee has had many twists andturns and, at the end of the day, it is an ongoing journey. We have been given great hope in recent

xviWORLD HERITAGE SITES AND INDIGENOUS PEOPLES’ RIGHTStimes that our relationships with both government and industry are increasingly on a more respectfulbasis, that more opportunities for Bininj people are possible. Much of this is due to Kakadu’s WorldHeritage status. It helps keep an international focus on our home and our relationships.We stand in solidarity with other Indigenous peoples in World Heritage areas across the worldand trust that their respective governments, UNESCO, and the international community willgenuinely and effectively include these peoples in all their decision-making and benefit-sharing.We hope that this book will be a useful contribution to that end.

xviiAcknowledgementsThe editors of this book are grateful to the many people who supported or contributed to itssuccessful production in one way or another. Our warmest appreciation and thanks go toLola García-Alix who, in her capacity as IWGIA’s Executive Director, guided us and supported uswherever she could throughout the production of the book and without whom this project wouldcertainly not have been possible.In addition to the authors who contributed book chapters and to whom we are most grateful,we would like to express our sincere acknowledgement and appreciation of those who submittedor helped with chapters which, in the end, could not be included. We are also grateful to those whoreviewed chapters for us, provided comments or helped in finding authors.We would further like to express our gratitude for the financial support received from TheChristensen Fund and the Gundjeihmi Aboriginal Corporation for the production of this book.Finally, it is important for us to thank our families for their continuous personal support, patienceand encouragement.Although it is not easy to separate out those who deserve special mention in a project thatbenefited from the work and efforts of so many, we would like to acknowledge the followingindividuals: Justin O’Brien, Mililani Trask, Victoria Tauli-Corpuz, Annie Ngalmirama, YvonneMargarula, Mattias Åhrén, Lars-Anders Baer, Carol Sørensen, Wilson Kipkazi, Lucy Claridge, AlbertBarume, Merrilyn Wasson, Bruce White, Ashish Kothari, Chris Erni, Ann-Elise Lewallen, Max Ooft,Donato Bitog, Jill Carino, Alexandra Bocharnikova, Johannes Rohr, Ndukuyakhe Ndlovu, DianaVinding, Robert Hitchcock, Christian Strobl, Aliya Ryan, Kathrin Wessendorf, Cæcilie Mikkelsen,Annette Kjærgaard, Marianne Wiben Jensen, Alejandro Parellada, Suzanne Jasper, Dalee SamboDorough, Mechtild Rössler, Patricia Borraz, June Lorenzo, Ida Nicolaisen, James Tugendhat, andCaroline Maciel Lauar.Stefan Disko and Helen TugendhatOctober 2014

xviiiWORLD HERITAGE SITES AND INDIGENOUS PEOPLES’ RIGHTSContributorsMichael Adams is Associate Professor of Geography at the University of Wollongong. He is amember of the Indigenous Peoples’ Knowledges and Rights Commission of the InternationalGeographical Union, and a member of two commissions of IUCN. His research focus has been onthe relationship between Indigenous peoples and Protected Areas.Victor Amougou-Amougou began work in rural development, helping with the capacity building offarmers’ associations and cooperatives. Since 2001 he has worked primarily on Indigenous peoples’rights and livelihoods, through issues such as forestry, land and natural resource management,and has conducted detailed participatory mapping of resource use in protected areas. He is cofounder and coordinator of CEFAID (Centre pour l’Education, la Formation et l’Appui aux Initiativesde Développement au Cameroun), a local NGO with extensive CSO networks throughout theCongo Basin.Jonas Antoine is a Dehcho Dene Elder from Liidlii Kue First Nation. Jonas was a member ofthe Nahanni Expansion Working Group, is a member of the Naha Dehe Consensus Team andrepresents the Dehcho First Nations in other protected areas initiatives in the Dehcho Process.George Asher is of Maori descent and Chief Executive Officer of the Lake Taupo and LakeRotoaira Forest Trusts in New Zealand. Both trusts comprise 55,000 hectares of ancestral lands ofwhich 33,000 hectares are planted with commercial production forests. Parts of these lands adjoinTongariro National Park and have been protected in their natural state. George has been activelyinvolved in the development of his tribe, Ngāti Tūwharetoa, for the past 30 years and was alsoindependent advisor to the 2006-07 Chairperson of the World Heritage Committee.Tim Badman is Director of the World Heritage Programme at the International Union forConservation of Nature (IUCN), with responsibility for managing IUCN’s official advisory role tothe UNESCO World Heritage Committee, and developing IUCN’s wider activities related to WorldHeritage.C.R. Bijoy is an independent researcher-activist who is primarily involved in indigenous peoples’struggles, for instance with the Campaign for Survival and Dignity, a national coalition of Adivasiand forest dweller organisations.Reiner Buergin is an anthropologist with a background in forestry. He has carried out extensivefield research in the Thung Yai Naresuan Wildlife Sanctuary, studying problems of local change andland use in the context of national forest policies and international environmentalism.

CONTRIBUTORSxixLeslie Cloud is a researcher in public law, legal anthropology and indigenous peoples’ rights. Sheis currently undertaking a PhD in public law on the recognition of the rights of indigenous peoples inChile and is working in on the SOGIP (Scales of Governance: The UN, the States and IndigenousPeoples) project, funded by the European Research Council (ERC 249236) and based at the Écoledes Hautes Études en Sciences Sociales (EHESS) in Paris.Marcus Colchester received his doctorate in social anthropology from the University of Oxfordand has carried out extensive field research in applied anthropology, mainly in Amazonia, Southand South-East Asia. His human rights advocacy related to development and conservation hasearned him a Pew Conservation Fellowship and the Royal Anthropological Institute’s Lucy MairMedal for Applied Anthropology. He is a founder member of the World Rainforest Movement andwas for many years the Director of the Forest Peoples Programme, where he now acts as SeniorPolicy Advisor. He has published extensively and is the author and editor of numerous books onforests, biodiversity and human rights.Stefan Disko holds an M.A. in Ethnology, American Cultural History and International Lawfrom the Ludwig-Maximilians-University Munich and an M.A. in World Heritage Studies from theBrandenburg University of Technology. Since 2000, his professional life has focused on workingwith indigenous organisations on human rights issues, mostly in the context of the United Nations.He has published various articles and reports on World Heritage and indigenous peoples’ rights.Conrad Feather is an anthropologist (PhD, University of St Andrews, UK) who has worked withindigenous peoples in south-east Peru since 2000 and is now working for the Forest PeoplesProgramme as a Project Officer.Lola García-Alix holds an M.A. in Sociology from the Complutense University of Madrid. She hasworked at IWGIA since 1990 and has held a variety of positions within the organisation. From 1993until 2006 she served as Coordinator of the International Human Rights Advocacy Program. In2004, she was appointed Vice-Director by IWGIA’s Board and, in 2007, Executive Director. SinceSeptember 2014 she has resumed her position overseeing IWGIA’s International Human RightsAdvocacy work.Jérémie Gilbert is a Reader in Law at the University of East London. He has published variousbooks and articles on the rights of indigenous peoples, in particular on territorial rights, with hislatest being Nomadic Peoples and Human Rights (Routledge, 2014). Jérémie often works withindigenous communities and NGOs on cases involving land rights. As a legal expert he hasbeen involved in providing legal briefs, opinions and carrying out evidence gathering in severalcases involving indigenous peoples’ land rights, especially in Africa. He is a member of IWGIA’sinternational board, a member of Minority Rights Group International’s Advisory Board on theLegal Cases Programme and also regularly works with the Forest Peoples Programme and theRainforest Foundation.

xxWORLD HERITAGE SITES AND INDIGENOUS PEOPLES’ RIGHTSCarina Green holds a PhD in Cultural Anthropology from Uppsala University. Her research focuseson indigenous peoples and ethno-political mobilization. Her doctoral thesis approached the processof implementing a management plan in the Laponian World Heritage Area in Sweden. She has alsocarried out fieldwork in Australia and New Zealand on indigenous influence over World Heritagemanagement and on the relationship between indigenous groups and environmental a

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." The members of the Expert Mechanism highlighted both the importance of the