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World Heritage and Cultural Diversity Inhalt_Einleitung.qxd 03.12.2010 10:29 Seite 1 World Heritage and Cultural Diversity Editors German Commission for UNESCO Dieter Offenhäußer Brandenburg University of Technology at Cottbus Walther Ch. Zimmerli UNESCO Chair in Heritage Studies Marie-Theres Albert Inhalt_Einleitung.qxd 03.12.2010 10:29 Seite 2 Bibliographic information published by the Deutsche Nationalbibliothek The Deutsche Nationalbibliothek lists this publication in the Deutsche Nationalbibliographie; detailed bibliographic data are available on the internet at http://dnb.d-nb.de Copyediting and proofreading: Caroline Lawrence Layout and printing: DRUCKZONE GmbH & Co. KG, Cottbus © German Commission for UNESCO, 2010 Printed in Germany ISBN: 978-3-940785-20-6 Inhalt_Part_IV.qxd 03.12.2010 10:29 Seite 167 Stefan Disko inclusive and appreciative of living cultures and traditions, and has amended the Operational Guidelines for the Implementation World Heritage Sites in Indigenous of the World Heritage Convention to allow for the inscription of Peoples' Territories: Ways of Ensuring outstanding “cultural landscapes” on the basis of their continu- Respect for Indigenous Cultures, Values ing economic, cultural or spiritual value to indigenous peoples and Human Rights (see AHC, 1995). It is also noteworthy that the United Nations General Assembly has recommended that UNESCO should Introduction intensify efforts to recognize indigenous heritage as heritage of Of the 890 properties designated as World Heritage sites under humanity under the framework of the World Heritage Conven- UNESCO's 1972 World Heritage Convention as of February tion (UNGA, 2005, para. 15). 2010, a significant number are situated in the territories of indigenous peoples or areas over which indigenous peoples This paper deals with the question of how to ensure that have rights of ownership, access or use.1 These sites are located indigenous peoples' human rights, as affirmed by the General in many different parts of the world and on all continents. While Assembly in the 2007 United Nations Declaration on the Rights they vary greatly in terms of size, some of them are the size of of Indigenous Peoples, are respected in World Heritage areas small or medium-sized countries and include parts or all of the and in the various processes of implementing the World territories of not just one, but several indigenous peoples. Heritage Convention. A number of suggestions are made on Although establishing an exact number of these indigenous sites concrete steps that the World Heritage Committee could, or on the World Heritage List would be difficult and would require should, take in this regard. These measures would also help to careful analysis, it is estimated that there are roughly between ensure that the indigenous understandings of sites – the values seventy and a hundred such sites. The vast majority of them are and meanings attached to sites by indigenous peoples – are inscribed as “natural sites”, with no reference to indigenous cul- properly taken into account in the management and protection ture or the existence of indigenous peoples in the justification for of World Heritage sites, starting with the nomination proce- inscription. dures. The number of indigenous sites on the World Heritage List is Indigenous sites on the World Heritage List: likely to increase in the future, considering that the World cultural or natural heritage? Heritage Committee actively encourages nominations from As its official title already indicates, the World Heritage Conven- under-represented regions and of under-represented types of tion differentiates between cultural heritage on the one hand and properties (in the context of the Global Strategy for a Represen- natural heritage on the other, defining the two types of heritage tative, Balanced and Credible World Heritage List). The Commit- in Articles 1 and 2 respectively. As a consequence, the Commit- tee has revised the selection criteria so that they are more tee maintains a distinction between “cultural” and “natural” 1 The expression "territories of indigenous peoples" in this paper refers to areas which indigenous peoples have "traditionally owned, occupied or otherwise used or acquired" (UN Declaration on the Rights of Indigenous Peoples, art. 26), irrespective of whether or not the indigenous rights to these areas are officially recognized by a particular state. There may also be World Heritage sites that, although not located in the territory of an indigenous people, are nevertheless of special economic, cultural, spiritual or other value to indigenous peoples and therefore subject to certain indigenous rights. 167 Inhalt_Part_IV.qxd 03.12.2010 10:29 Seite 168 properties, the classification depending on the criteria under values for indigenous peoples are deeply interconnected.2 Also, which a site is inscribed on the World Heritage List. This distinc- indigenous peoples' land management practices and traditional tion has been criticized as over-simplified, as it takes “no knowledge have in many cases greatly contributed, and contin- account of the fact that in most human societies the landscape, ue to contribute, to the biological diversity in their territories, as which was created or at all events inhabited by human beings, is increasingly recognized by conservation organizations [is] representative and an expression of the lives of the people (including UNESCO).3 Indigenous peoples therefore generally who live in it and so [is] in this sense equally culturally meaning- consider a strict distinction between cultural and natural heritage ful” (WHC, 1994, p. 4). as artificial and inadequate, and consider that their heritage should be managed and protected as an interrelated whole. For In response to such criticisms, the Committee has taken various example, a 1998 Review of Aboriginal Involvement in the Man- steps to soften the dichotomy between cultural and natural agement of the Wet Tropics World Heritage Area (in Australia) heritage, and to give recognition to the fact that it is not emphasizes: adequate or possible to make a strict separation between cultur- al and natural values in the specific contexts of many World “Rainforest Aboriginal people (and, in fact, indigenous Aus- Heritage sites. These steps have included the introduction of tralians generally) see the trend by western managers to man- the cultural landscapes category in 1992, and the merging age a region's values according to two distinct categories (i.e. of the selection criteria for cultural and natural heritage into a natural and cultural values) as artificial and inadequate. Rainfor- single set of criteria in 2003, “to better reflect the continuum est Aboriginal people adopt a holistic view of the landscape, between nature and culture” (see WHC, 1998, para. IX.11; and asserting that a region's natural and cultural values are in fact Decision 6 EXT.COM 5.1, 2003). However, although the inseparably interwoven within the social, cultural, economic, Committee has combined the criteria, it has – somewhat contra- and legal framework of Bama custom and tradition. They are dictorily – continued to uphold the distinction between “cultural” also concerned at the tendency, particularly at the day-to-day and “natural” properties. level of management, by western managers to treat cultural her- itage considerations as secondary to those afforded to natural The distinction is particularly problematic in the context of World values” (WTMA, 1998, p. 12). Heritage sites that are located in the territories of indigenous peoples, because the cultures, ways of life and spiritual beliefs An Indigenous Peoples Forum held in 2000 in conjunction with of indigenous peoples are inseparable from their lands, territo- the 24th Session of the World Heritage Committee in Cairns ries and natural resources, and because natural and cultural (Australia), therefore petitioned the Committee to “recognise the 2 As the UN Special Rapporteur on the protection of the heritage of indigenous peoples, Erica-Irene Daes, has observed, “heritage” for indigenous peoples “includes all expressions of the relationship between the people, their land and the other living beings and spirits which share the land ... All of the aspects of heritage are interrelated and cannot be separated from the traditional territory of the people concerned”. Daes therefore stresses that it is “inappropriate to try to subdivide the heritage of indigenous peoples … All elements of heritage should be managed and protected as a single, interrelated and integrated whole” (UN Commission on Human Rights, 1993, paras 31 and 164). 3 See, e.g. Roué (2006), WWF International and Terralingua (2001), and the 1992 Convention on Biological Diversity, art. 8(j). According to the World Heritage Committee, “The continued existence of traditional forms of land-use supports biological diversity in many regions of the world. The protection of traditional cultural landscapes is therefore helpful in maintaining biological diversity” (Operational Guidelines, 2008, Annex 3, para. 9). 168 Inhalt_Part_IV.qxd 03.12.2010 10:29 Seite 169 holistic nature of Indigenous natural and cultural values and tradi- strengthen their cultures and traditions and develop their tions” (World Heritage Indigenous Peoples Forum, 2000, p. 99). societies in accordance with their own aspirations and needs. Disregard of indigenous peoples and their values in World The continuing need for the Committee and States Parties to Heritage nomination and inscription processes can therefore address this concern
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