Human rights & tourism

Human Rights & Indigenous Tourism

Part of a series on: Sustainable Tourism & Indigenous Cultures.

March 2016

Steve Noakes. steve@pacificasiatourism.org

Objec8ves ü To understand how the tourism sector can respect human rights when carrying out business ac8vi8es – par8cularly in des8na8ons involving indigenous peoples. ü To appreciate how human rights issues are significant in both the interna8onal poli8cal arena and public awareness, as well as in corporate governance and management of tourism businesses. ü To be more informed about key interna8onal declara8ons rela8ng to human rights, including: UN Charter, Universal Declara8on on Human Rights (UDHR), United Na8ons Global Compact. ü To be aware of the concept of leisure within UDHR. ü Increase understanding of the role of NGOs such as Human Rights Watch and industry groups such as the Roundtable on Human Rights in Tourism.

Key message: Human rights are a fundamental element of any Sustainable approach to development.

Tourism affects many aspects of human rights such as:

ü the right to informa8on and par8cipa8on in decision-­‐making processes, ü to protec8on against discrimina8on, ü to housing, food, water, health and educa8on, ü to work with dignity, ü to join trade unions, ü to protec8on against forced labour and ü to privacy.

Moreover, the human rights of poten8ally high-­‐risk groups must be protected, especially migrant workers, children, women, indigenous people and people with disabili8es.

Flores, Indonesia

Indigenous & tribal peoples ü Cons8tute at least 5,000 dis8nct peoples with a popula8on of more than 370 million (about 5% of the world popula8on) ü Live in 90 different countries – in Africa, the Americas, Asia, Europe & the Pacific. ü Speak about 4,000 of the world’s 7,000 languages. ü Are among the most impoverished, marginalized and frequently vic8mized people in the world – making up about 15% of the world’s ‘disadvantaged’.

Winya village near Taunggyi, southern Shan State, Myanmar.

Founda8ons ü The United Na8ons ü Universal Declara8on of Human Rights (UDHR)

Colonialism – WW2 (1939 – 1945) – Decolonisa8on – Cold War -­‐ Globalisa8on

Source: www.history-­‐world.org

nicholasellerrussianblog.blogspot.com

www.monumentsmen.com

World War 2 devasta8on in Europe

www.veteranstoday.com

www.globalLmes.cn

War in the Pacific: With its proximity to Japan and infrastructure in place, Tinian Island was chosen as the base of operaLons for an atomic aOack against Hiroshima & Nagasaki Japan in February of 1945.

More at: hOp://www.atomicheritage.org/locaLon/Lnian-­‐island

Ader WW2, the interna8onal community vowed that never again should such atroci8es happen on a global scale.

How? Via a new UNITED NATIONS.

Destruc8on in the Japanese city of Hiroshima ader the atomic bomb.

70th anniversary film for UN www.youtube.com/watch?v=gCOkMWv5TB0

3+ minutes

Preamble to the UN Charter

Source: www.un.org/en/secLons/un-­‐charter/preamble/index.html

The United Na8ons human rights system has two main components:

1) Charter-­‐based bodies: Derive their authority from the Charter of the United Na8ons

2) Treaty-­‐based bodies: Established by specific human rights trea8es, such as the Interna8onal Covenant on Civil and Poli8cal Rights, which provides for the establishment of the Human RightsCommihee.

Charter-­‐based bodies

United Na8ons human rights trea8es Interna:onal Covenant on Civil and Poli:cal Rights: Protects the right to self-­‐ determina8on (art. 1) and the rights of persons belonging to minori8es to enjoy their own culture, to profess and prac8se their own religion or to use their own language (art. 27).

Interna:onal Covenant on Economic, Social and Cultural Rights: includes the right to self-­‐determina8on in ar8cle 1, plus rights related to employment, family, health, food, educa8on, recogni8on of indigenous peoples’ communally held land rights, the right to adequate housing: forced evic8ons recognizes that indigenous peoples suffer dispropor8onately from forced evic8on.

Interna:onal Conven:on on the Elimina:on of All Forms of Racial Discrimina:on and the Commihee on the Elimina8on of Racial Discrimina8on.

Conven:on on the Rights of the Child: The only global United Na8ons human rights treaty to specifically men8on indigenous children.

Conven:on against Torture and the Commihee against Torture

Universal Declara8on of Human Rights (UDHR) The result of the experience of the Second World War & and crea8on of the United Na8ons

ü Founda8on of interna8onal human rights law ü UDHR complements the UN Charter ü Provides a ‘roadmap’ to guarantee the rights of every individual everywhere

Universal Declara8on of Human Rights (UDHR) ü Proclaimed by the United Na8ons General Assembly in Paris on 10 December 1948 ü General Assembly resolu8on 217 A ü A common standard of achievements for all peoples and all na8ons. ü It sets out, for the first 8me, fundamental human rights to be universally protected.

www.un.org/en/universal-­‐declaraLon-­‐human-­‐rights/

hOps://www.youtube.com/watch?v=0Ju474KKSmA 2 + minutes

Ar:cle 1: All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood.

Ar:cle 2: Everyone is en8tled to all the rights and freedoms set forth in this Declara8on, without dis8nc8on of any kind, such as race, colour, sex, language, religion, poli8cal or other opinion, na8onal or social origin, property, birth or other status.

Furthermore, no dis8nc8on shall be made on the basis of the poli8cal, jurisdic8onal or interna8onal status of the country or territory to which a person belongs, whether it be independent, trust, non-­‐self-­‐governing or under any other limita8on of sovereignty.

Ar:cle 13:

(1) Everyone has the right to freedom of movement and residence within the borders of each State.

(2) Everyone has the right to leave any country, including his own, and to return to his country.

Discuss: Implica:ons for tourism?

Ar:cle 15:

(1) Everyone has the right to a na8onality.

(2) No one shall be arbitrarily deprived of his na8onality nor denied the right to change his na8onality.

Discuss: Implica:ons for indigenous people?

Na8onality issues: Example from Myanmar (Burma)

Universal Declara8on of Human Rights (UDHR) Ar8cle 24. Everyone has the right to rest and leisure, including reasonable limita8on of working hours and periodic holidays with pay.

industrialrevoluLon.org.uk

The concept of ‘leisure’ Leisure … is a block of unoccupied 8me, spare 8me, or free 8me when we are free to rest or do what we choose.

Charles K. Brightbill (1960) The Challenge of Leisure. Englewood Cliffs, NJ, PrenLceHall, p. 4.

Leisure is ac8vity -­‐ apart from the obliga8ons of work, family, and society -­‐ to which the individual turns at will, for either relaxa8on, diversion, or broadening his knowledge and his spontaneous social par8cipa8on, the free exercise of his crea8ve capacity.

Joffre Dumazedier (1974) Leisure and the social system. In J. F.Murphy (ed.) Concepts of Leisure.

Englewood Cliffs, NJ, PrenLce-­‐Hall, p 133.

Leisure is discre8onary 8me, or 8me when a person is free to do as he chooses.

Leisure is unobligated 8me -­‐ free from prior commitments to physiological or social needs'.

T. S. Yukic (1970) Fundamentals of RecreaLon. 2nd edn, New York, Harper & Row, p. 5.

Thusitha Sampath (2012)

Rela8onships between leisure, psychological need fulfilment & benefit Source: Driver, Tinsley and Manfredo (1991: 264) (originally, Tinsley and Tinsley, 1986)

Why governments have policies on ‘leisure’ –

Physical health/well-­‐being/healthier lifestyles:

• Mental health/well-­‐being/preven8on of neuroses/relief from daily stress • Reduc8on in hooliganism/delinquency among young people • Raising morale (via success in interna8onal sport) • Inspiring young people to take part in sport (via success in interna8onal sport) • Improving the lot of the socially deprived in inner ci8es; Tackling social exclusion • Enrichment of people's lives/improving the quality of life • Preven8on of the decline of the civilisa8on • Increased worker produc8vity; Increased economic ac8vity; Increased family solidarity • Urban and rural regenera8on • Educa8ng/informing/widening horizons; Releasing crea8ve impulses • Allowing individuals to fulfil their poten8al/self-­‐improvement • Lifelong learning; Ahainment of values; Displaying teamwork • Increasing engagement in community ac8vi8es • Build safer communi8es; Keep children fit and healthy and tackle child obesity.

A. J. Veal: Leisure and the Concept of Need., 2009, UTS

www.unglobalcompact.org

ü A global corporate sustainability ini8a8ve ü Voluntary -­‐ based on CEO commitments to implement universal sustainability principles and to take steps to support UN goals. Ø Has played a central role in catalysing business engagement on human rights (Transforming Business, Changing the World, DNV GL 2015)

Requires par8cipa8ng companies to produce an annual report on their work to embed the Ten Principles into their strategies and opera8ons, as well as efforts to support societal priori8es.

Global Compact+15: Business as a Force for Good hOps://www.youtube.com/watch?v=gCfMFppotJg&feature=youtu.be

The UN Global Compact’s Ten Principles are derived from:

ü the Universal Declara8on of Human Rights, ü the Interna8onal Labour Organiza8on’s Declara8on on Fundamental Principles and Rights at Work, ü the Rio Declara8on on Environment and Development, ü the United Na8ons Conven8on Against Corrup8on.

One of the principal architects of the United NaLons Global Compact Professor John Ruggie, Berthold Beitz Professor in Human Rights and InternaLonal Affairs at Harvard's Kennedy School of Government – also Affiliated Professor in InternaLonal Legal Studies at Harvard Law School.

More at: www.unglobalcompact.org.au/2016/02/12/key-­‐trends-­‐business-­‐human-­‐rights-­‐2016/

The ten principles.

Human Rights

Principle 1: Businesses should support and respect the protec8on of interna8onally proclaimed human rights; and

Principle 2: make sure that they are not complicit in human rights abuses.

Labour

Principle 3: Businesses should uphold the freedom of associa8on and the effec8ve recogni8on of the right to collec8ve bargaining;

Principle 4: the elimina8on of all forms of forced and compulsory labour;

Principle 5: the effec8ve aboli8on of child labour; and

Principle 6: the elimina8on of discrimina8on in respect of employment and occupa8on.

Environment

Principle 7: Businesses should support a precau8onary approach to environmental challenges;

Principle 8: undertake ini8a8ves to promote greater environmental responsibility;

Principle 9: encourage the development and diffusion of environmentally friendly technologies.

An:-­‐Corrup:on

Principle 10: Businesses should work against corrup8on in all its forms, including extor8on and bribery.

NGO’s & human rights

Source: www.russell-­‐legal.ca

Human Rights Watch

Began in 1978 with the founding of its Europe and Central Asia division (then known as Helsinki Watch).

Now: divisions covering Africa; the Americas; Asia; and the Middle East and North

Africa; a United States program; thema8c divisions or programs on arms;

business and human rights; children’s rights; disability rights; health and human

rights; interna8onal jus8ce; lesbian, gay, bisexual, and transgender rights; refugees; women’s rights; and an emergencies program.

‘Defends the rights of people worldwide. We scrupulously inves:gate abuses, expose the facts widely, and pressure those with power to respect rights and secure jus:ce.’

(Human Rights Watch)

Extracts on indigenous issues from Human Rights Watch World Report 2015

Bolivia

Australia Â

Myanmar (Burma)

Canada Â

United Na8ons Declara8on on the Rights of Indigenous Peoples (UNDRIP) Adopted by the UN General Assembly on 13 Sep 2007

Defines the minimum standards necessary for the survival, dignity and well-­‐being of indigenous peoples of the world.

The Chinese government voted in favour of the United Na8ons Rights on Indigenous People (UNDRIP) but, prior to its adop8on, had already officially stated that there were no indigenous peoples in China, which means that, in their eyes, the UNDRIP does not apply to China.

Source: www.iwgia.org/regions/asia/china China proclaims itself a unified country with a mul8ple ethnic make-­‐up, and all ethnic groups are considered equal before the law. Besides the Han Chinese majority, the government recognizes 55 ethnic minority peoples within its borders.

(Source: www.iwgia.org/regions/asia/china)

Han Chinese cons8tute about:

92% of the popula8on of the People's Republic of China (mainland China), 98% of the popula8on of the Republic of China (Taiwan), • 74% of the popula8on of Singapore, 24.5% of popula8on of Malaysia, and • about 20% of the en8re global human popula8on, • making it the largest ethnic group in the world.

•

There are s8ll “unrecognized ethnic groups” in China numbering a total of 734,438 persons (2000 census figure).

www.dartmouth.edu/~news/releases/2005/09/15a.html

Most of them live in China's south-­‐west regions of Guizhou, Sichuan, Yunnan and Tibet. The officially recognized ethnic minority groups have rights protected by the Cons8tu8on.

This includes establishing ethnic autonomous regions, sewng up their own local administra8ve governance and the right to prac8se their own language and culture.

“Ethnic autonomous regions” cons8tute around 60% of China's land area.

(Source: www.iwgia.org/regions/asia/china)

Yi dancers, Yunnan

United Na8ons Declara8on on the Rights of Indigenous Peoples Adopted by UN in 2007

www.ohchr.org/EN/Issues/IPeoples/Pages/IndigenousPeoplesIndex.aspx

What is the United Na8ons Declara8on on the Rights of Indigenous Peoples?

hOps://www.youtube.com/watch?v=1LHfIcAUEs8 5 minutes

Indigenous peoples’ rights:

Ø Have evolved from exis8ng interna8onal law, including human rights trea8es Ø Address the specific circumstances facing indigenous peoples -­‐ such as rights to their lands, territories and resources, and self-­‐determina8on. Ø Many indigenous peoples con8nue to face a range of human rights issues -­‐ the implementa8on of their rights is far from perfect.

Indigenous peoples’ rights:

Human rights challenges for indigenous peoples: Ø Resul8ng from pressures on their lands, territories and resources as a result of ac8vi8es associated with development and the extrac8on of resources. Ø Indigenous cultures con8nue to be threatened Ø The protec8on & promo8on of their rights resisted

Ø Nowadays, indigenous peoples have access to, and par8cipated fully in, human rights legal and policy processes at the interna8onal level Ø Reflects their influence on interna8onal decisions affec8ng them

Kayapo tribe, Mato Grosso, Brazil

Human rights in tourism

NGOs have long been cri8cising the fact that human rights are violated 8me and again in the name of tourism.

2011: "Puwng Tourism to Rights” -­‐ compiled the observa8ons of civil society organisa8ons on the basis of the interna8onal human rights framework.

Major tour operators Kuoni Travel and Studiosus -­‐ developed a human rights policy.

"Roundtable Human Rights in Tourism”

"The universal human rights are the framework for socially responsible and sustainable tourism development” Peter-­‐Mario Kubsch (Studiosus).

The Roundtable Human Rights in Tourism aims at:

1) A process of rights responsibility according to the UN Guiding Principles on Business and Human Rights (Ruggie 2011) & winning tour operators for compliance with human rights due diligence;

2) Developing an industry standard as well as a management concept for human rights responsibility according to the UN Guidelines on Business and Human Rights, recommending them for the tourism industry and making them known;

3) Implemen8ng human rights standards into the business processes of tour operators by providing informa8on and various materials, and advancing access to good prac8ce with knowledge transfer;

4) Raise awareness in the public and the media: bring travellers, businesses, investors, educators, students and responsible poli8cians to respect human rights in tourism.

www.menschenrechte-­‐im-­‐tourismus.net/

ü Based in Europe ü Large tour operators ü Global des8na8ons

Next 3 slides -­‐ examples from East Africa, South East Asia & South America

Illustrate a selec8on of human rights issues for which conflicts have been documented.

‘Tourism – as any other economic sector – holds the inherent risk to adversely affect all issues concerning human rights.’

Example: East Africa

www.fairtravel.com/about-­‐fair/our-­‐impact/

KPAP (Kilimanjaro Porters Assistance Project)

Example: South East Asia

Example: South America

UN Guiding Principles on Business and Human Rights describe the corporate responsibility to respect human rights

Guidelines addressing tour operators, assis8ng them in systema8cally implemen8ng the UN Guiding Principles On Business and Human Rights.

Primary aims:

To support the increased engagement of the Pacific Asia Travel Associa8on (PATA) in the preven8on of Indigenous rights’ infrac8ons and viola8ons through tourism development

The promo8on of Indigenous peoples’ tourism that is respeczul of their tradi8onal and human rights while suppor8ng sustainable development

Key Themes in Indigenous Tourism ü Recogni8on, Respect, and Apprecia8on for Indigenous Culture ü Differen8a8on, Authen8city and Enrichment of Visitor Experiences ü Apprecia8on and Revitaliza8on of Tradi8onal Knowledge, Cultures and Prac8ces ü Indigenous Knowledge and Intergenera8onal Stewardship of Cultural and Natural Resources ü Revitaliza8on and/or Strengthening of Language, Pride, Iden8ty, Self Determina8on ü Contribu8on to Indigenous Community Health, Development and Governance ü Economic Ac8vity Providing Existence of, or a Founda8on for, Nego8a8ons, Partnership Building, Co-­‐management, Conven8ons and Agreements ü Indigenous Human Resource Capacity Building, Entrepreneurship and Investment ü Sharing, Mutual Learning and Iden8ty, Societal Gain, and an Economic Tool for Poverty Allevia8on

Larrakia Declara8on on the Development of Indigenous Tourism:

Six key principles:

1) Respect for customary law and lore, land and water, tradi8onal knowledge, tradi8onal cultural expressions, cultural heritage that will underpin all tourism decisions.

2) Indigenous culture and the land and waters on which it is based, will be protected and promoted through well managed tourism prac8ces and appropriate interpreta8on.

3) Indigenous peoples will determine the extent and nature and organisa8onal arrangements for their par8cipa8on in tourism and that governments and mul8lateral agencies will support the empowerment of Indigenous people. ‘lore’: a body of tradiLons & knowledge on a subject or held by a parLcular group, typically passed from person to person by word of mouth..

Larrakia Declara8on on the Development of Indigenous Tourism:

Six key principles:

4) That governments have a duty to consult and accommodate Indigenous peoples before undertaking decisions on public policy and programs designed to foster the development of Indigenous tourism.

5) The tourism industry will respect Indigenous intellectual property rights, cultures and tradi8onal prac8ces, the need for sustainable and equitable business partnerships and the proper care of the environment and communi8es that support them.

6) That equitable partnerships between the tourism industry and Indigenous people will include the sharing of cultural awareness and skills development which support the well-­‐being of communi8es and enable enhancement of individual livelihoods

Guidelines for the Development of Indigenous Tourism that Protects Human Rights 1. Those involved in Indigenous tourism should consider these human-­‐rights related goals: 1. RecogniLon, respect, and appreciaLon for Indigenous cultures.

2. DifferenLaLon, authenLcity and enrichment of visitor experiences.

3. AppreciaLon and revitalizaLon of tradiLonal knowledge, cultures and pracLces.

4. Catalyst for building Indigenous knowledge, and intergeneraLonal stewardship of cultural & natural resources.

5. RevitalizaLon and/or strengthening of language, pride, idenLty, self determinaLon. 6. ContribuLon to community health, development and governance.

7. Economic foundaLon for negoLaLons, partnership building, co-­‐management, convenLons & agreements.

8. Economic context for human resource capacity, entrepreneurship and investment.

9. Sharing, mutual learning, idenLty strengthening, societal gain, and economic tool for poverty alleviaLon

Tourists wrestle with rights issues in Myanmar hOps://www.youtube.com/watch?v=KtY0KWVD4zg 2 mins

Tourism in Myanmar

hOps://www.youtube.com/watch?v=PQLKmwHoikQ 6 + minutes

steve@pacificasiatourism.org