# Sustainable Development, a Key Concept for the Effective Protection of the Indigenous Peoples' Culture: the Canadian Experience

Caecilia Alexandre

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Caecilia Alexandre. Sustainable Development, a Key Concept for the Effective Protection of the Indigenous Peoples' Culture: the Canadian Experience. Echopolis Conference. Nature & Culture, Athenes University, Nov 2018, Athenes, Greece. hal-03792141

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# Sustainable Development, a Key Concept for the Effective Protection of the Indigenous Peoples' Culture: the Canadian Experience,

by Caecilia Alexandre, PhD Candidate, Faculty of Law, Université Laval, Université de Montréal, UNESCO Chair on the Diversity of Cultural Expressions (Québec) CANADA.

## Summary

Since the 2030 Agenda “Transforming our World” setting out 17 sustainable development goals has been adopted by the UN Sustainable Development Summit in 2015, several initiatives have been taken under the scope of UNESCO to invite State Parties to integrate sustainable development into all their cultural policies. Several of them are related to indigenous peoples and, in our opinion, ensure an effective protection of their cultural heritage. Therefore, this paper aims to demonstrate how the integration of the sustainable development into UNESCO’s mechanisms is a good key to guarantee the effective protection of indigenous peoples’ heritage that are suffering from economic, tourism and environmental appropriation.

## Introduction

Recently, in October 2017, a UNESCO Policy on Engaging with Indigenous Peoples has been discussed by the Executive Board affirming the importance of “the holistic worldview of indigenous peoples” [1]. Indeed, the interdependent relationship between biological and cultural diversity is fundamental for the protection of indigenous peoples’ heritage but it also contributes effectively to the preservation of the ecosystem and the successful achievement of sustainable development.

International law and particularly UNESCO have been gradually integrating the sustainable development concept. This concept first appeared in non-binding International Environmental instruments as a response to the harmful effects of human activities on the biosphere that was highlighted by the 1968 Paris Conference [2] and the 1972 Stockholm Conference on the Human Environment [3]. Sustainable development was defined in 1987 by the World Commission on Environmental and Development, in what is better known today as the ‘Brundtland Report’, as a development striving
"to meet the needs of the present generations without compromising the ability of future generations to meet their one needs" [4]. Sustainable development was then clarified in the 1990's until now to become a global concept that aims to balance economic, social, environmental and cultural interests in an integrated manner. Indeed, the new 2030 Agenda "Transforming our World" adopted in 2015 by the UN Sustainable Development Summit highlights the key role of culture to meet the sustainable development goals [5].

In our opinion, the integration of the sustainable development concept in all measures and policies at all level constitutes an innovative legal tool that reflect indigenous peoples' views. Interestingly enough, native languages for example in Canada have no words to describe sustainable development. It is nevertheless obvious that First Nations' land management and way of life are based on sustainable development. Therefore, to respond to the holistic vision of indigenous peoples, it is necessary to integrate the concept of sustainable development whose satisfaction depends in part on the recognition of indigenous peoples' crucial role for the protection of their heritage. Indeed, how can the needs of future generations be met without compromising the needs of current generations if communities, that have an intimate connection with certain cultural or natural World Heritage sites or Intangible cultural elements, are not included?

Therefore, this paper will analyse Canadian efforts to integrate sustainable development into their measures' and policies' implementation of two UNESCO Conventions: *The Convention Concerning the Protection of the World Cultural and Natural Heritage* (1972) and *The Convention for the Safeguarding of the Intangible Cultural Heritage* (2003). It is worth noting that Canada has not ratified the 2003 *Convention for the Safeguarding of the Intangible Cultural Heritage* yet. Nevertheless, some policies, actions and activities have been taken in Canada in order to generally implement the content of the 2003 Convention. In this context, we will see how Canada integrates the sustainable concept into its measures related to indigenous peoples' heritage.

To guarantee the role of indigenous peoples in the achievement of sustainable development, it is important to respect their rights to participate
and have access to their culture that is respect their cultural rights, which
presupposes:

1) The taking into account the **principle of self-determination** which includes the right of indigenous peoples to develop their own cultures and systems of knowledge and their own forms of social organization. This right is especially difficult to respect under the scope of UNESCO considering the State sovereignty principle. For this reason we will analyse the appropriate legal tools ensuring that indigenous peoples are effectively involved in the safeguarding and protection of their heritage that are elaborated by State Parties.

2) The taking into account the inextricable **link between nature and culture** under the scope of the Conventions.

1. The adaptation of the World Heritage Convention to indigenous peoples' views: an analysis of its ability to achieve sustainable development

The 1972 Convention aims to protect cultural tangible heritage and natural
heritage such as cultural or natural monuments, sites and groups of
buildings that represent an outstanding universal value. Some World
Heritage sites contain biodiversity that is essential for human well-being
and especially for Indigenous peoples for whom culture and nature are
inextricably linked. By analysing the text of the Convention, it is difficult to
see how sustainable development could be achieved and therefore how it
could reflect the vision of indigenous peoples inasmuch as their cultural
rights are not effectively respected.

First, the participation of indigenous peoples or even local communities is
not provided for in the text. Identification, protection and conservation
remain the responsibility of the State Party. Second, the Convention defines
the protection of cultural and natural heritages in two different articles
(article 1 and article 2) leading to the interpretation that the protection's
mechanism of cultural heritage is based only upon cultural criteria.
However, the Convention shows a connection between nature and culture
with regards to two elements of cultural heritage, namely buildings and
sites. According to article 1, some groups of buildings could take place
within the landscape; some sites could combine works of nature and man.
Nevertheless, the protection of ‘natural heritage’ afforded by article 2 is based only upon natural criteria. This leads us to the question of the capacity of the 1972 Convention mechanisms to afford an integrated approach of culture and nature that is fundamental for the protection of indigenous peoples’ heritage.

However, since the 1990s, the text has considerably evolved towards a better consideration of communities and a better integration of nature and culture. It is fair to say that the most significant advances concerning indigenous peoples’ recognition have occurred since 2015 when the 2030 Agenda setting the Sustainable Development Goals was adopted. This Agenda recalls the contribution of culture to the implementation of these objectives. Two months later, at the 20th General Assembly of States Parties to the World Heritage Convention, a *Policy Document for the Integration of a Sustainable Development Perspective into the Processes of the World Heritage Convention* was approved [6].

This policy is a general guideline helping States Parties to implement the Convention. It recognizes, inter alia, the close ties and mutual dependency between biological diversity and local cultures within the socio-ecological systems of many World Heritage properties. It also encourages States to fully respect the cultural rights of local communities and indigenous peoples and promotes their participation in achieving the three dimensions of sustainable development: environmental sustainability, inclusive social and economic development. More specifically, the policy emphasizes that a concern for the environmental pillar should equally apply to cultural and mixed World Heritage properties, including cultural landscapes. This policy has undoubtedly influenced State parties to review their conservation policies regarding some properties. This was the case for a natural site in Canada: **The Wood Buffalo National Park.**

The Wood Buffalo National Park is located on the plains in the North- central region of Canada. This Natural Park was inscribed on the World Heritage list in 1983 as an outstanding example of ongoing ecological and biological processes encompassing some of the largest undisturbed grass meadows. However, the site has been threatened by hydro-electric dams and oil sands development. Hydroelectric dams along the Peace River in British
Colombia and oil sands' activities along the Athabasca River in Alberta have significantly reduced the flow of water to the delta and have had an impact on migratory bird and fish populations, as well as on the livelihood of the Mikisew Cree Nation who, for millennia, have survived by fishing and hunting in the delta [7].

Given the environmental and cultural impacts of the current and potential installations on the Outstanding Universal Value of the site, in 2014, the Mikisew Cree Nation signed a petition demanding the inscription of the Natural Site on the UNESCO List of World Heritage in danger. The mobilization of the Nation in favour of the preservation of the site has led Canada, under UNESCO's pressure [8], to adopt monitoring Programs that generally involve indigenous peoples in the decision-making processes [9]. Despite Canada's effort to address the issue since 2016, according to the World Heritage Committee, its conservation policies are still lacking considering, in particular, the fact that indigenous peoples are not effectively included in the monitoring activities and that there is a lack of consideration given to their traditional ecological knowledge [10].

This example demonstrates that developing policies that are inclusive nature and culture with the sustainable participation of indigenous peoples is an innovative measure destined to the full protection of indigenous peoples' heritage.

## 2. The adaptation of the Intangible Cultural Heritage Convention to Indigenous Peoples' views

The Convention for the Safeguarding of the Intangible Cultural Heritage was adopted on 17 October 2003 by the General Conference of UNESCO. This instrument aims to safeguard the intangible cultural heritage (ICH) which refers to oral traditions, social practices, rituals but also to the knowledge and practices concerning nature and traditional craftsmanship of local and indigenous peoples' communities. It is also important to note that this heritage is specifically created and transmitted by these communities in order to ensure its viability. As mentioned earlier, Canada did not ratify the 2003 Convention yet. Nevertheless, Canada and few Provinces are following the instrument by especially referring to it when taking measures
to safeguard the ICH in their territories. Therefore, we would analyse how
the ICH Convention integrates the sustainable development concept, why it
is beneficial for the effective safeguarding of indigenous peoples' intangible
cultural heritage and how it is implemented by Canada.

Using the same analytical framework as for the 1972 Convention, when
reading the 2003 Convention, we could think that this instrument reflects a
holistic vision of indigenous peoples. Indeed, the communities are at the
heart of the safeguarding of the intangible cultural heritage. According to
the Convention, each State Party shall ensure "the widest possible
participation of communities that create, maintain and transmit such
heritage, and to involve them actively in its management" (article 15).
Furthermore, their free and informed consent is required for every ICH
element inscription. In this regard, the Convention could be seen as
guaranteeing the cultural rights of indigenous peoples.

However, neither the Convention nor its Operational Directives specify
what is meant by "free and informed consent" and what is meant by the
"widest possible participation of communities" including indigenous
peoples. This soft language could encourage States Parties to inscribe some
elements of intangible cultural heritage that do not necessarily reflect the
communities' views. For example, during the eight session of the ICH
Committee held from 2 to 7 December 2013 in Azerbaijan, the State of
Mexico proposed the inscription of the Pilgrimage to Wirikuta (Mexico) on
the List of Intangible Cultural Heritage in Need of Urgent Safeguarding but
this ritual has not been registered because the NGO's statements "showed a
significant division within the community [including indigenous peoples],
which did not allow [the NGO] to conclude that the element had been
nominated following the widest possible participation of the community
with its free, prior and informed consent" [11]. Furthermore, the
Operational Directives, modified in 2016 in order to include a new section
namely "safeguarding intangible cultural heritage and sustainable
development at the national level" brings a major revival by demonstrating
that the intangible cultural heritage contributes to sustainable development
[12]. According to the text, environmental sustainability could be achieved
by safeguarding intangible cultural heritage. The Directives tend to ensure,
among others, a better recognition of knowledge and practices concerning
nature and the universe as these knowledge and practices help to conserve nature's sustainability. In that way, the ICH Committee in 2016, inscribed Argungu International Fishing and Cultural Festival (Nigeria) on the ICH Representative List underlining the fact that this practice concerning nature is "in conformity with the principles of sustainable development since it serves as a means to regulate fishing activities in the region" [13].

The evolution of the 2003 Convention in favour of the integration of sustainable development invites thus States Parties to take new innovative actions in order to fully ensure the participation of local communities and indigenous peoples in the decision-making and to take safeguard measures that have natural and cultural impacts for the community. However, despite these advances operated under the framework of the ICH Convention that are beneficial for an effective safeguard of indigenous peoples' intangible cultural heritage, the Convention does not offer legal tools to guarantee that the consent of these peoples are respected. Furthermore, although the Convention provides that the ICH is generated by communities based on their interaction with nature, its mechanisms do not especially guarantee, the conservation of natural spaces that house indigenous peoples' knowledge. That is in contradiction with the full respect of indigenous peoples' cultural rights and thus, contrary to the achievement of sustainable development.

In this context, complementary to the 2003 Convention and the Operational Directives, the "Ethical Principles for Safeguarding Intangible Cultural Heritage" were elaborated by the Intergovernmental Committee in 2015 (and therefore at the same time as the adoption of the 2030 Agenda for sustainable development) [14]. The Ethical principles represent a set of principles that are widely accepted as constituting good practices for governments, organizations and individuals directly or indirectly affecting intangible cultural heritage in order to ensure their viability and, therefore, to help achieve sustainable development. The principles strongly insist on the crucial role of communities in safeguarding their own intangible cultural heritage and on the respect of their cultural rights. Following this document, the Canadian Archaeological Association has elaborated a "Statement of Principles for Ethical conduct Pertaining to Aboriginal Peoples" insisting on the cultural and spiritual links between Aboriginal and the Archaeological
sites, and the role of Aboriginal Communities in matters relating to their
heritage [15].

In this sense, the Ethical principles complete the 2003 Convention and the Operational Directives guiding States Parties towards a better protection of the cultural rights of indigenous peoples and thus a successful achievement of sustainable development.

Conclusion

In conclusion, the importance of the need for indigenous peoples to fully
participate in the protection and safeguarding of human heritage has become
more and more recognized thus leading to positive measures to guarantee
the survival of indigenous peoples' cultural expressions. The holistic
approach of indigenous peoples, as we have seen, is progressively
considered under the scope of the Conventions through the concept of
sustainable development. But still, progress could be made. For example, in
order to fully guarantee the cultural rights of indigenous peoples and thus to
fully achieve sustainable development, a merging of the UNESCO Cultural
Conventions' mechanisms would be relevant. Indeed, some indigenous
peoples' practices namely Intangible Cultural Heritage are present in some
World Heritage sites. Moreover, few cultural expressions of indigenous
peoples protected and promoted by the 2005 *Convention on the Protection
and the Promotion of the Diversity of Cultural Expressions* which reflect
their cultural identity are intimately in relation with the safeguarding of the
Intangible Cultural Heritage.

References

[1] *UNESCO Policy on Engaging with Indigenous Peoples*, Doc UNESCO 202 EX/9 (2017).

[2] *Intergovernmental Meeting of Experts on the Scientific Basis for Rational Use and Conservation of the Resources of the Biosphere* (The Biosphere Conference) 4-13 September 1968.

[3] *Report of the United Nations Conference on the Human Environment*, Stockholm 5-16 June 1972, UN Doc. A/CONF.48/14/Rev.1 (1973).

[4] *Our Common Future* (Brundtland Report). In: *Report of the World Commission on Environmental and Development*, UN Doc. A/42/427 (4 August 1987).
[5] *Transforming our world: the 2030 Agenda for Sustainable Development*, Doc UN A/RES/70/1 (2015).

[6] *Policy Document for the Integration of a Sustainable Development Perspective into the Processes of the World Heritage Convention*, Doc UNESCO 20 GA (2015).

[7] Lepine, M. (2017). Mikisew Cree Nation's Call to Better Safeguard Wood Buffalo National Park. In: Doempke S., Law G. (eds) World Heritage Watch Report 2017. Berlin: World Heritage Watch; 2017. p56-58.

[8] *Decision* 39 COM 7B.18, Doc WHC-15/39.COM/19 (2015).

[9] *State Party Report. On the State of Conservation of Wood Buffalo National Park World Heritage Site* (30 March 2017). http://whc.unesco.org/en/soc/3615 (accessed 19 Novembre 2018).

[10] *Decision* 41 COM 7B.2, Doc WHC/17/41.COM/18 (2017).

[11] *Adoption of the summary records of the eights session of the Committee*, Doc ITH/14/9.COM/4 Rev (2014).

[12] *Operational Directives for the Implementation of the Convention for the Safeguarding of the Intangible Cultural Heritage*, Doc UNESCO 6.GA (2016).

[13] *Decision* UNESCO Doc. 11.COM 10.b.23 (2016).

[14] *Ethical Principles for Safeguarding Intangible Cultural Heritage*, UNESCO Dec 10.COM 15.A (2015).

[15] Canadian Archaeological Association, *Statement of Principles for Ethical Conduct Pertaining to Aboriginal Peoples*, https://canadianarchaeology.com/caa/about/ethics/statement-principles-ethical-conduct-pertaining-aboriginal-peoples (accessed 19 November 2018).