Brian I. Daniels, Ph.D. Director of Research and Programs Penn Cultural Heritage Center University of Pennsylvania Museum

The Impact of UNESCO World Heritage Status and Indigenous Peoples' Heritage Rights

Penn Global Summer InstituteTransnational Experiences: Engaging with World HeritageJuly 13, 2015

Brian I. Daniels, Ph.D.Director of Research and ProgramsPenn Cultural Heritage CenterUniversity of Pennsylvania Museum

UNESCO can author:

1. Conventions.2. Declarations.3. Recommendations.

1970 UNESCOConvention




World Heritage Convention by the numbers:

1031 properties163 states parties31 transborder802 cultural197 natural32 mixed2 delisted

Present World Heritage Criteria:

(i)to represent a masterpiece of human creative genius;

(ii)to exhibit an important interchange of human values, over a span of time or within a cultural area of the world, on developments in architecture or technology, monumental arts, town-planning or landscape design;

(iii)to bear a unique or at least exceptional testimony to a cultural tradition or to a civilization which is living or which has disappeared; (iv)to be an outstanding example of a type of building, architectural or technological ensemble or landscape which illustrates (a) significant stage(s) in human history;


(v)to be an outstanding example of a traditional human settlement, land-use, or sea-use which is representative of a culture (or cultures), or human interaction with the environment especially when it has become vulnerable under the impact of irreversible change;

(vi)to be directly or tangibly associated with events or living traditions, with ideas, or with beliefs, with artistic and literary works of outstanding universal significance. (The Committee considers that this criterion should preferably be used in conjunction with other criteria);

(vii)to contain superlative natural phenomena or areas of exceptional natural beauty and aesthetic importance;


(viii)to be outstanding examples representing major stages of earth's history, including the record of life, significant on-going geological processes in the development of landforms, or significant geomorphic or physiographic features;

(ix)to be outstanding examples representing significant on-going ecological and biological processes in the evolution and development of terrestrial, fresh water, coastal and marine ecosystems and communities of plants and animals;

(x)to contain the most important and significant natural habitats for in-situ conservation of biological diversity, including those containing threatened species of outstanding universal value from the point of view of science or conservation.


A World Heritage Site Typology, after Labadi (2012):

1. Ratification of already well known sites;

2. Promotion of qualifying sites for development aims;

3. Selection of sites at risk.

CASE STUDY:Statue of Liberty, USA(1984)

Criteria:(i) (vi)

to represent a masterpiece of human creative genius.

CASE STUDY:Statue of Liberty, USA(1984)

Made in Paris by the French sculptor Bartholdi, in collaboration with Gustave Eiffel (who was responsible for the steel framework), this towering monument to liberty was a gift from France on the centenary of American independence. Inaugurated in 1886, the sculpture stands at the entrance to New York Harbour and has welcomed millions of immigrants to the United States ever since.

CASE STUDY:San Antonio Missions, USA(2015)

Criterion:(ii)

to exhibit an important interchange of human values, over a span of time or within a cultural area of the world, on developments in architecture or technology, monumental arts, town-planning or landscape design.

CASE STUDY:San Antonio Missions, USA(2015)

The site encompasses a group of five frontier mission complexes … and illustrate the Spanish Crown’s efforts to colonize, evangelize and defend the northern frontier of New Spain. The San Antonio Missions are also an example of the interweaving of Spanish and Coahuiltecan cultures, illustrated by a variety of features, including the decorative elements of churches[.]

CASE STUDY:Chaco Culture, USA(1987)

Criterion:(iii)

to bear a unique or at least exceptional testimony to a cultural tradition or to a civilization which is living or which has disappeared

CASE STUDY:Chaco Culture, USA(1987)

Chaco Canyon, a major centre of ancestral Pueblo culture between 850 and 1250, was a focus for ceremonials, trade and political activity for the prehistoric Four Corners area. Chaco is remarkable for its monumental public and ceremonial buildings and its distinctive architecture – it has an ancient urban ceremonial centre that is unlike anything constructed before or since.

CASE STUDY:Monticello and the University of Virginia in Charlottesville, USA(1987)

Criteria:(i) (iv) (vi)

to be an outstanding example of a type of building, architectural or technological ensemble or landscape which illustrates (a) significant stage(s) in human history.

CASE STUDY:Monticello and the University of Virginia in Charlottesville, USA(1987)

Thomas Jefferson (1743–1826), author of the American Declaration of Independence and third president of the United States, was also a talented architect of neoclassical buildings. … Jefferson's use of an architectural vocabulary based upon classical antiquity symbolizes both the aspirations of the new American republic as the inheritor of European tradition [.]

CASE STUDY:?

Criterion:(v)

to be an outstanding example of a traditional human settlement, land-use, or sea-use which is representative of a culture (or cultures), or human interaction with the environment especially when it has become vulnerable under the impact of irreversible change.

X

CASE STUDY:Independence Hall, USA(1979)

Criterion:(vi)

to be directly or tangibly associated with events or living traditions, with ideas, or with beliefs, with artistic and literary works of outstanding universal significance.

CASE STUDY:Independence Hall, USA(1979)

The Declaration of Independence (1776) and the Constitution of the United States (1787) were both signed in this building in Philadelphia. The universal principles of freedom and democracy set forth in these documents are of fundamental importance to American history and have also had a profound impact on law-makers around the world.

CASE STUDY:Carlsbad Caverns National Park, USA(1995)

Criteria:(vii) (viii)

to contain superlative natural phenomena or areas of exceptional natural beauty and aesthetic importance.

CASE STUDY:Carlsbad Caverns National Park, USA(1995)

This karst landscape in the state of New Mexico comprises over 80 recognized caves. They are outstanding not only for their size but also for the profusion, diversity and beauty of their mineral formations. Lechuguilla Cave stands out from the others, providing an underground laboratory where geological and biological processes can be studied in a pristine setting.

CASE STUDY:Grand Canyon National Park, USA(1979)

Criteria:(vii) (viii) (ix) (x)

to be outstanding examples representing major stages of earth's history, including the record of life, significant on-going geological processes in the development of landforms, or significant geomorphic or physiographic features.

CASE STUDY:Grand Canyon National Park, USA(1979)

Carved out by the Colorado River, the Grand Canyon (nearly 1,500 m deep) is the most spectacular gorge in the world. Located in the state of Arizona, it cuts across the Grand Canyon National Park. Its horizontal strata retrace the geological history of the past 2 billion years. There are also prehistoric traces of human adaptation to a particularly harsh environment.

CASE STUDY:Great Smoky Mountains National Park, USA(1983)


to be outstanding examples representing significant on-going ecological and biological processes in the evolution and development of terrestrial, fresh water, coastal and marine ecosystems and communities of plants and animals.

CASE STUDY:Great Smoky Mountains National Park, USA(1983)

[T]his exceptionally beautiful park is home to more than 3,500 plant species, including almost as many trees (130 natural species) as in all of Europe. Many endangered animal species are also found there, including what is probably the greatest variety of salamanders in the world. Since the park is relatively untouched, it gives an idea of temperate flora before the influence of humankind.

CASE STUDY:Yellowstone National Park, USA(1978)


to contain the most important and significant natural habitats for in-situ conservation of biological diversity, including those containing threatened species of outstanding universal value from the point of view of science or conservation..

CASE STUDY:Yellowstone National Park, USA(1978)

Yellowstone contains half of all the world's known geothermal features, with more than 10,000 examples. It also has the world's largest concentration of geysers (more than 300 geysers, or two thirds of all those on the planet). Established in 1872, Yellowstone is equally known for its wildlife, such as grizzly bears, wolves, bison, and wapitis [elk].

CASE STUDY:TRANSBORDERKluane / Wrangell-St. Elias / Glacier Bay / Tatshenshini-Alsek (1979)


These parks comprise an impressive complex of glaciers and high peaks on both sides of the border between Canada and the United States. The spectacular natural landscapes are home to many grizzly bears, caribou and Dall's sheep. The site contains the largest non-polar icefield in the world.

CASE STUDY:DANGEREverglades National Park (1979)

Criteria:(viii)(ix)(x)

This site at the southern tip of Florida has been called 'a river of grass flowing imperceptibly from the hinterland into the sea'. The exceptional variety of its water habitats has made it a sanctuary for a large number of birds and reptiles, as well as for threatened species such as the manatee.

What is the connection between world heritage and indigenous peoples?

Global Indigenous Movement

Definitions of “Indigenous”:

United Nations Working Group on Indigenous Populations:

• Any group whose leadership represents themselves as such.

United States:

• “Federally recognized tribes” (566)

Canada:

• “Recognized First Nation tribe or band” (630+)

Experience of Indigenous peoples:

• ~350 million people

• Root contemporary identities in the idea of autochthony

• Often share the experience of colonization and living in a post-settler society

• History of forced assimilation, missionization, and land loss

• Subjects of study for anthropology and archaeology

History of the Global Indigenous Movement:

• Achievements:

• Increased awareness on the global stage and in international policy documents

• Possibly greater recognition within national states

• Solidarity in shared international protest

• UN Declaration on the Rights of Indigenous Peoples

Summary Points:

• Adopted in 2007.

• A Declaration by the United Nations General Assembly.

• Non-binding international law.

• UN Statement: "an important standard for the treatment of indigenous peoples that will undoubtedly be a significant tool towards eliminating human rights violations against the planet's 370 million indigenous people and assisting them in combating discrimination and marginalisation."

Article 31:

1. Indigenous peoples have the right to maintain, control, protect and develop their cultural heritage, traditional knowledge and traditional cultural expressions, as well as the manifestations of their sciences, technologies and cultures, including human and genetic resources, seeds, medicines, knowledge of the properties of fauna and flora, oral traditions, literatures, designs, sports and traditional games and visual and performing arts. They also have the right to maintain, control, protect and develop their intellectual property over such cultural heritage, traditional knowledge, and traditional cultural expressions.

Votes in favor:

• 143 countries

Votes against:

• Australia, Canada, New Zealand, United States

Abstentions:

• Azerbaijan, Bangladesh, Bhutan, Burundi, Colombia, Georgia, Kenya, Nigeria, Russian Federation, Samoa and Ukraine

Pro:

• Raises awareness about the plight of indigenous peoples and their human rights.

Critiques:

• Assigns indigenous peoples a “slot” that may prevent their full inclusion within the body politic of a national state.

• Presumes a primordial, timeless status for indigenous peoples and their cultural traditions.

• Tendency to assign the Declaration more legal importance than it actually holds.

Case Study: Papahānaumokuākea

Inscribed as a WHS in 2010

Criteria:(iii)(vi)(viii)(ix)(x)

Papahānaumokuākea is a vast and isolated linear cluster of small, low lying islands and atolls, with their surrounding ocean, roughly 250 km to the northwest of the main Hawaiian Archipelago[.] The area has deep cosmological and traditional significance for living Native Hawaiian culture, as an ancestral environment …

Case Study: Papahānaumokuākea

… as an embodiment of the Hawaiian concept of kinship between people and the natural world, and as the place where it is believed that life originates and to where the spirits return after death. On two of the islands, Nihoa and Makumanamana, there are archaeological remains relating to pre-European settlement and use. Much of the monument is made up of pelagic and deepwater habitats, with notable features such as seamounts and submerged banks, extensive coral reefs and lagoons.

Case Study: World Heritage Indigenous Peoples Council of Experts

• In 2000, World Indigenous Peoples Forum held in conjunction with 24th session of UNESCO's World Heritage Committee

• Australia, Canada, and New Zealand proposed the World Heritage Indigenous Peoples Council of Experts (WHIPCOE)

• Response to indigenous concerns about a lack of involvement in the development and implementation of laws, policies, and plans for ancestral lands composing World Heritage properties


• Thailand and Zimbabwe raise initial objections

• Working group proposed to include indigenous representatives from Australia, Belize, Canada, Ecuador, New Zealand, the United States, and the secretariat for the Convention on Biological Diversity along with representatives from ICOMOS, IUCN, ICCROM, the UN Indigenous Peoples Working Group, the WHC, and other interested parties


• In 2001, 25th session of UNESCO's World Heritage Committee did not approve the establishment of WHIPCOE.• Composed of Argentina, Belgium,

China, Colombia, Egypt, Finland, Greece, Hungary, India, Lebanon, Mexico, Nigeria, Oman, Portugal, Republic of Korea, Russian Federation, Saint Lucia, South Africa, Thailand, United Kingdom, and Zimbabwe

• Recommended that “indigenous peoples could meet on their own initiative, be included as part of State Party delegations to the Committee and ... be involved in UNESCO’s work relating to the intangible heritage.”


• Lessons learned:

• State Party structure remains strong and resists innovation

• Resistance to expert advisory groups by State Parties

• Resistance to “third-party” considerations that may run against State Party interests

• Possibilities for indigenous collaboration across state boundaries are complicated



Concluding Thoughts:

• In principle, the UNESCO World Heritage process offers a means for drawing attention to “outstanding” cultural and natural places.

But…

• Indigenous cultural heritage does not fit well within the World Heritage framework of outstanding universal value.

• The Global Indigenous Movement, cities, and local communities have found reason to object to UNESCO’s World Heritage program.

Documents

Brian I. Daniels, Ph.D. Director of Research and Programs Penn Cultural Heritage Center University of Pennsylvania Museum