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16      Putting Tourism to Rights
        A Call for a Human Rights Approach in Tourism
                                                                                                                               Leisure does not by default imply travel and tourism,      mentation. For companies, respecting human rights
                                                                                                                                                                                                                     „
                                                                                                                               and the right to freedom of movement does not              means above all “do no harm .
                                                                                                                               encompass the right to enter another country. At the
                                                                                                                               same time, tourism development and the current forms       In his draft for a UN Framework on Business and
                                                                                                                               of tourism often endanger and violate human rights.        Human Rights, John Ruggie, Special Representative
Facts

                                                                                                                                                                                          of the UN Secretary-General on Human Rights and
                                                                                                                                                           „
                                                                                                                               Claiming a “right to tourism and placing it at the same    Transnational Corporations, outlines the state duty
                                                                                                                               level as fundamental human rights is in stark contra-      to protect people against human rights abuses; the
                                                                                                                               diction to a credible human rights approach.               corporate responsibility to respect human rights; and
                                                                                                                                                                                          the need for more effective access to remedies.

                                                                                                                               Rights for People, Rules for Businesses                    Companies need strategies in order to ensure that
                                                                                                                               According to international law, it is the obligation       their business activities support human rights instead
        Tourism’s image is mainly positive. It is considered to create jobs, to bring in foreign exchange,                     of states to respect, protect and fulfil the rights and    of violating them. As part of their due diligence, they
                                                                                                                               freedoms to which all humans are entitled. This also       are requested to apply this human rights approach all
        to help alleviate poverty and to contribute to world peace and a cosmopolitan consciousness.                           applies in the context of tourism.                         along their supply chain.
        Developing countries in particular, many of which are indebted and faced with high unemploy-
        ment, promote tourism as a panacea, and thus offer cheap labour and pristine landscapes.                               The preamble of the Universal Declaration of Human
                                                                                                                               Rights also calls on every individual and every organ of
                                                                                                                               society (which includes the private sector) to promote
        However, while generating income, tourism often undermines the rights of people in the tourist
                                                                                                                               respect for human rights and to support their imple-
        destinations. This includes the fundamental rights of those who hardly participate in tourism
        and receive no benefits from it, but whose lives are affected by its impacts. In the name of
        tourism, people are discriminated against, their freedom of expression is curtailed and their
        participation in decision-making processes is obstructed. The families of farmers and fisher-
        men are dispossessed, indigenous communities are displaced and children sexually exploited.
        Last but not least, global tourism accelerates climate change, thus globalising its impact on
        human rights. Climate change also affects people in parts of the world where hardly any tourism
        happens.



        “All human beings are born free and equal in            Forms of Discrimination against Women, the core
                            „                                   labour standards of the International Labour Organi-
        dignity and rights…
        Human rights are the subjective rights that all human   zation (ILO), the Convention on Biological Diversity,
        beings are endowed with at birth. They enable people    and others.
        to live their lives in freedom, equality and dignity.
                                                                More than 60 years after the Universal Declaration
        In addition to the Universal Declaration of Human       of Human Rights, it is high time to acknowledge that
        Rights (1948), the International Covenant on Civil      human rights must be a fundamental basis of sustaina-
        and Political Rights (ICCPR) and the International      ble tourism development.
        Covenant on Economic, Social and Cultural Rights
        (ICESCR), several other declarations and conventions    No Human Right to Tourism
        have been developed under the United Nations.           Even though tourism business representatives and the
                                                                UN World Tourism Organization (UNWTO) would
                                                                                                                         „
        Many of them are of direct relevance to the tourism     like to see it differently, there is no “right to tourism to
        sector, e.g. the UN Convention on the Rights of the     be derived from the human rights to leisure and free-
        Child, the Convention on the Elimination of All         dom of movement.
Recommendations for a Human Rights Approach                                                                           gating the impacts of climate change. Poor countries
                                                                                                                      need support to bear the costs for mitigation and

in Tourism                                                                                                            adaptation to climate change.


We urge everybody involved in tourism to act in line with their responsibilities under the                                Governments must ensure that they do not support
                                                                                                                      tourism development that puts people‘s rights or natu-
international human rights framework. All actors have to play their part in fully respecting,
                                                                                                                      ral resources at risk.
protecting and fulfilling the human rights of people in tourist destinations, and of the
employees working in the tourism sector. This explicitly includes mitigating action to ward off                          Financing or guarantees for public or private
the threat of climate change. This is a call for action addressed to governments, the tourism                         tourism projects must not be committed unless
industry and civil society:                                                                                           comprehensive and independent environmental, social
                                                                                                                      and human rights impact assessments have been done.
                                                                                                                      Governments must ensure that these are fully trans-
United Nations (UN Human Rights Council,                      The European Union must facilitate access to EU         parent.
UN World Tourism Organization)                             courts for people outside the EU who are affected by
    The UN Human Rights Council should take up             human rights violations related to tourism.                   Governments in the destinations must protect their
tourism as a sector related issue and should, in view of                                                              population against human rights violations by third          Tour operators should utilise existing codes of
its global relevance, examine the possibility of appoin-                                                              parties, including the tourism industry.                  practice to help mitigate tourism’s negative impacts
ting an independent expert.                                Governments in Tourist Sending and                                                                                   and maximise benefits to local communities.
                                                           Receiving Countries                                            Governments should publicise investment agree-
    The UN World Tourism Organization (UNWTO)                  In order to ensure that human rights in the            ments with companies, including the incentives                Tour operators should train staff on their ethical
                             „                             development and management of tourism are upheld           granted. This may be done either as information for the   policies in order to ensure the implementation of their
should develop “do no harm guidelines for their
members and for the tourism industry. UNWTO                in a systematic manner, governments must clarify who       general public and/or under the control of parliamen-     business philosophy in their operations. They should
                           „                               is in charge of human rights issues in tourism and         tary bodies and independent courts.                       communicate their business philosophy to the public
should offer “due diligence guidance, imparting
information and training on the responsibilities of        ensure coherence. This should involve consultation                                                                   in a credible manner.
companies to respect human rights, in line with the        with civil society.                                            Governments in the destinations undertake a wider
UN Framework on Business and Human Rights.                                                                            dissemination of UNWTO‘s Global Code of Ethics for             Tour operators must acknowledge their responsibi-
                                                               Coherent human rights based policies must              Tourism, so that individuals and communities who          lity with regard to climate change. They must cooperate
   The UNWTO is urged to continue to develop the           overcome the conflict of interest between business         are affected by tourism can make use of the grievance     with governments and other stakeholders in destina-
Global Code of Ethics in Tourism and to support mem-       promotion on the one hand and the evaluation of            mechanism.                                                tions in order to take meaningful steps to mitigate the
bers in its implementation. In particular, the UNWTO       bi- and multilateral economic relations including trade,                                                             impact of climate change on people and the environ-
must ensure that the grievance mechanism (set out in       investment and services with regard to their impacts                                                                 ment.
Article 10) is transparent and functioning.                on human rights on the other.                              Tour Operators
                                                                                                                         Tour operators must incorporate the principle
   The UNWTO must improve civil society parti-                 Governments must create awareness of the human         of human rights due diligence into their business         Hotel and Tourism Associations, Investors and
cipation in its structures and procedures and take         rights related obligations of companies active abroad,     policies. This includes: having a human rights policy;    Service Providers in the Destinations
the perspectives of people affected by tourism in the      and support them in fulfilling these obligations.          assessing the impacts of their business practices on          National and international hotel and tourism as-
destinations seriously.                                                                                               human rights; monitoring and reporting on practices       sociations should create incentives and sanctions for
                                                               Governments in tourist sending countries must          and progress.                                             their members to fulfil and continue to develop human
                                                           ensure that the victims of human rights violations                                                                   rights standards. Membership should be subject to the
European Union                                             committed by companies abroad are enabled to take              Tour operators must also take responsibility for      observation of human rights standards.
    The European Union must introduce accounta-            legal action in those countries where the respective       human rights violations occurring along their supply
bility and reporting obligations for companies in          companies are based.                                       chain. They should make use of social and environ-            Investments must not contribute to human rights
                                                                                                                      mental impact assessments and labour audits when                                  „
order to close the gap in the regulation of tourism                                                                                                                             violations (“do no harm ). Investors must conduct
enterprises regarding human rights and corporate               Governments must take action, both nationally and      concluding contracts with hoteliers and other service     independent social and environmental impact assess-
responsibility.                                            internationally, to ensure that the tourism industry       providers. The implementation of the ILO core labour      ments, including the impacts of their projects on hu-
                                                           reduces its CO2 emissions and contributes to miti-         standards must be ensured.                                man rights.
Investors must ensure that the construction of re-       rights. It should be included in their lobbying work and                                                                                                                       16
sorts and other tourist facilities does not lead to forced   development projects, as well as in needs assessments
evictions or displacement of people without orderly          in disaster areas.
procedures in accordance with the rule of law and ade-
quate compensation. Investments must not be made if
                                                                                                                                                                     Tourism Concern is an independent, non-industry based, UK charity.
there are ongoing legal disputes over land ownership or      Tourists
                                                                                                                                                                     It aims to change the way that tourism is traded and developed through
access to resources.                                             Human rights are every individual‘s rights, but they
                                                                                                                                                                     collaborative work with industry, government, development and human
                                                             also imply duties: Tourists should inform themselves
                                                                                                                                                                     rights NGOs. www.tourismconcern.org.uk
                                                             in a comprehensive manner before going on a holiday.
                                                                                                  „
Non-governmental organisations                               They should exercise “due diligence in their travel                                                     Tourism Watch is a working desk in the Church Development Service
   NGOs should monitor and demand respect for                decisions, keeping in mind their responsibility to                                                      (EED) of the German Protestant Churches. EED and ecumenical part-
human rights and their implementation, particularly          respect human rights.                                                                                   ners are committed to sustainable, socially responsible and environmen-
when states fail to do so.                                                                                                                                           tally sound tourism. www.eed.de
                                                                 Tourists should give preference to tour operators
    NGOs, development organisations and their part-          and service providers who are committed to human                                                        Arbeitskreis Tourismus und Entwicklung (akte – Working Group on
ners should put tourism onto their agendas with regard       rights and have a credible CSR (Corporate Social                                                        Tourism and Development) is a non-profit organisation concerned with
to its impacts on land, natural resources and human          Responsibility) strategy.                                                                               the social, cultural, economic and ecological impacts of tourism on deve-
                                                                                                                                                                     lopment. It aims to raise public awareness, advocates fair trade in tourism
                                                                                                                                                                     in a critical dialogue with the travel industry, and encourages travellers to
                                                                                                                                                                     be informed consumers. www.akte.ch

                                                                                                                        This paper is endorsed by the Ecumenical Coalition On Tourism (ECOT) and the Tourism European
                                                                                                                        Network (TEN).

                                                                                                                                                 The Ecumenical Coalition On Tourism was founded in 1982 in response to the pro-
                                                                                                                                                 found impact of tourism on third world communities. ECOT works in collaboration
                                                                                                                                                 with ecumenical, church, faiths-based, and civil society groups around collective efforts
                                                                                                                                                 to promote socially, ecologically and ethically responsible tourism. It believes that tou-
                                                                                                                                                 rism must be based on justice and sustainability for host communities.

                                                                                                                        The Tourism European Network is a network of non-governmental organisations working on tourism, human
                                                                                                                        rights and development. TEN looks at tourism in the context of globalisation. The member organisations
                                                                                                                        denounce and combat unfair practices in tourism.
                                                                                                                        Members of TEN are: Akte – Working Group on Tourism and Development (CH), EED – Tourism Watch (G),
                                                                                                                        Karavaan (B), Informatie Verre Reizen (NL), Naturefriends International (A), Schyst Resande (S), Studienkreis –
                                                                                                                        Institute for Tourism and Development (G), Stichting Retour Foundation (NL), Tourism Concern (UK)




                                                                                                                         Publisher:                                       Editors: Heinz Fuchs (responsible),
This paper summarises demands and recommendations published in the report “Putting Tourism                               Church Development Service                       Christina Kamp, Antje Monshausen,
                                                                        „                                                                                                 Christine Plüss, Tricia Barnett
to Rights – A challenge to human rights abuses in the tourism industry (published by Tourism                             An Association of the Protestant
                                                                          „                                              Churches in Germany                              Photos: Christian Kamp, Andrea Schirmer-Müller,
Concern) and the study “Alles was Recht ist – Menschenrechte und Tourismus (published by EED –
                                                                                                                         – Evangelischer Entwicklungsdienst e.V. –        Anti Slavery International
Tourism Watch in cooperation with the Working Group on Tourism and Development – akte).
                                                                                                                         Ulrich-von-Hassel-Str. 76                        English translation: Christina Kamp
                                                                                                                                                                                                               „
                                                                                                                         D-53123 Bonn                                     Printed on recycled paper “Envirotop
                                                                                                                         Phone: +49 (0)228 8101-0                         Bonn, March 2011
                                                                                                                         E-Mail: eed@eed.de
                                                                                                                         www.eed.de

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Putting People First: A Call for Human Rights in Tourism

  • 1. 16 Putting Tourism to Rights A Call for a Human Rights Approach in Tourism Leisure does not by default imply travel and tourism, mentation. For companies, respecting human rights „ and the right to freedom of movement does not means above all “do no harm . encompass the right to enter another country. At the same time, tourism development and the current forms In his draft for a UN Framework on Business and of tourism often endanger and violate human rights. Human Rights, John Ruggie, Special Representative Facts of the UN Secretary-General on Human Rights and „ Claiming a “right to tourism and placing it at the same Transnational Corporations, outlines the state duty level as fundamental human rights is in stark contra- to protect people against human rights abuses; the diction to a credible human rights approach. corporate responsibility to respect human rights; and the need for more effective access to remedies. Rights for People, Rules for Businesses Companies need strategies in order to ensure that According to international law, it is the obligation their business activities support human rights instead Tourism’s image is mainly positive. It is considered to create jobs, to bring in foreign exchange, of states to respect, protect and fulfil the rights and of violating them. As part of their due diligence, they freedoms to which all humans are entitled. This also are requested to apply this human rights approach all to help alleviate poverty and to contribute to world peace and a cosmopolitan consciousness. applies in the context of tourism. along their supply chain. Developing countries in particular, many of which are indebted and faced with high unemploy- ment, promote tourism as a panacea, and thus offer cheap labour and pristine landscapes. The preamble of the Universal Declaration of Human Rights also calls on every individual and every organ of society (which includes the private sector) to promote However, while generating income, tourism often undermines the rights of people in the tourist respect for human rights and to support their imple- destinations. This includes the fundamental rights of those who hardly participate in tourism and receive no benefits from it, but whose lives are affected by its impacts. In the name of tourism, people are discriminated against, their freedom of expression is curtailed and their participation in decision-making processes is obstructed. The families of farmers and fisher- men are dispossessed, indigenous communities are displaced and children sexually exploited. Last but not least, global tourism accelerates climate change, thus globalising its impact on human rights. Climate change also affects people in parts of the world where hardly any tourism happens. “All human beings are born free and equal in Forms of Discrimination against Women, the core „ labour standards of the International Labour Organi- dignity and rights… Human rights are the subjective rights that all human zation (ILO), the Convention on Biological Diversity, beings are endowed with at birth. They enable people and others. to live their lives in freedom, equality and dignity. More than 60 years after the Universal Declaration In addition to the Universal Declaration of Human of Human Rights, it is high time to acknowledge that Rights (1948), the International Covenant on Civil human rights must be a fundamental basis of sustaina- and Political Rights (ICCPR) and the International ble tourism development. Covenant on Economic, Social and Cultural Rights (ICESCR), several other declarations and conventions No Human Right to Tourism have been developed under the United Nations. Even though tourism business representatives and the UN World Tourism Organization (UNWTO) would „ Many of them are of direct relevance to the tourism like to see it differently, there is no “right to tourism to sector, e.g. the UN Convention on the Rights of the be derived from the human rights to leisure and free- Child, the Convention on the Elimination of All dom of movement.
  • 2. Recommendations for a Human Rights Approach gating the impacts of climate change. Poor countries need support to bear the costs for mitigation and in Tourism adaptation to climate change. We urge everybody involved in tourism to act in line with their responsibilities under the Governments must ensure that they do not support tourism development that puts people‘s rights or natu- international human rights framework. All actors have to play their part in fully respecting, ral resources at risk. protecting and fulfilling the human rights of people in tourist destinations, and of the employees working in the tourism sector. This explicitly includes mitigating action to ward off Financing or guarantees for public or private the threat of climate change. This is a call for action addressed to governments, the tourism tourism projects must not be committed unless industry and civil society: comprehensive and independent environmental, social and human rights impact assessments have been done. Governments must ensure that these are fully trans- United Nations (UN Human Rights Council, The European Union must facilitate access to EU parent. UN World Tourism Organization) courts for people outside the EU who are affected by The UN Human Rights Council should take up human rights violations related to tourism. Governments in the destinations must protect their tourism as a sector related issue and should, in view of population against human rights violations by third Tour operators should utilise existing codes of its global relevance, examine the possibility of appoin- parties, including the tourism industry. practice to help mitigate tourism’s negative impacts ting an independent expert. Governments in Tourist Sending and and maximise benefits to local communities. Receiving Countries Governments should publicise investment agree- The UN World Tourism Organization (UNWTO) In order to ensure that human rights in the ments with companies, including the incentives Tour operators should train staff on their ethical „ development and management of tourism are upheld granted. This may be done either as information for the policies in order to ensure the implementation of their should develop “do no harm guidelines for their members and for the tourism industry. UNWTO in a systematic manner, governments must clarify who general public and/or under the control of parliamen- business philosophy in their operations. They should „ is in charge of human rights issues in tourism and tary bodies and independent courts. communicate their business philosophy to the public should offer “due diligence guidance, imparting information and training on the responsibilities of ensure coherence. This should involve consultation in a credible manner. companies to respect human rights, in line with the with civil society. Governments in the destinations undertake a wider UN Framework on Business and Human Rights. dissemination of UNWTO‘s Global Code of Ethics for Tour operators must acknowledge their responsibi- Coherent human rights based policies must Tourism, so that individuals and communities who lity with regard to climate change. They must cooperate The UNWTO is urged to continue to develop the overcome the conflict of interest between business are affected by tourism can make use of the grievance with governments and other stakeholders in destina- Global Code of Ethics in Tourism and to support mem- promotion on the one hand and the evaluation of mechanism. tions in order to take meaningful steps to mitigate the bers in its implementation. In particular, the UNWTO bi- and multilateral economic relations including trade, impact of climate change on people and the environ- must ensure that the grievance mechanism (set out in investment and services with regard to their impacts ment. Article 10) is transparent and functioning. on human rights on the other. Tour Operators Tour operators must incorporate the principle The UNWTO must improve civil society parti- Governments must create awareness of the human of human rights due diligence into their business Hotel and Tourism Associations, Investors and cipation in its structures and procedures and take rights related obligations of companies active abroad, policies. This includes: having a human rights policy; Service Providers in the Destinations the perspectives of people affected by tourism in the and support them in fulfilling these obligations. assessing the impacts of their business practices on National and international hotel and tourism as- destinations seriously. human rights; monitoring and reporting on practices sociations should create incentives and sanctions for Governments in tourist sending countries must and progress. their members to fulfil and continue to develop human ensure that the victims of human rights violations rights standards. Membership should be subject to the European Union committed by companies abroad are enabled to take Tour operators must also take responsibility for observation of human rights standards. The European Union must introduce accounta- legal action in those countries where the respective human rights violations occurring along their supply bility and reporting obligations for companies in companies are based. chain. They should make use of social and environ- Investments must not contribute to human rights mental impact assessments and labour audits when „ order to close the gap in the regulation of tourism violations (“do no harm ). Investors must conduct enterprises regarding human rights and corporate Governments must take action, both nationally and concluding contracts with hoteliers and other service independent social and environmental impact assess- responsibility. internationally, to ensure that the tourism industry providers. The implementation of the ILO core labour ments, including the impacts of their projects on hu- reduces its CO2 emissions and contributes to miti- standards must be ensured. man rights.
  • 3. Investors must ensure that the construction of re- rights. It should be included in their lobbying work and 16 sorts and other tourist facilities does not lead to forced development projects, as well as in needs assessments evictions or displacement of people without orderly in disaster areas. procedures in accordance with the rule of law and ade- quate compensation. Investments must not be made if Tourism Concern is an independent, non-industry based, UK charity. there are ongoing legal disputes over land ownership or Tourists It aims to change the way that tourism is traded and developed through access to resources. Human rights are every individual‘s rights, but they collaborative work with industry, government, development and human also imply duties: Tourists should inform themselves rights NGOs. www.tourismconcern.org.uk in a comprehensive manner before going on a holiday. „ Non-governmental organisations They should exercise “due diligence in their travel Tourism Watch is a working desk in the Church Development Service NGOs should monitor and demand respect for decisions, keeping in mind their responsibility to (EED) of the German Protestant Churches. EED and ecumenical part- human rights and their implementation, particularly respect human rights. ners are committed to sustainable, socially responsible and environmen- when states fail to do so. tally sound tourism. www.eed.de Tourists should give preference to tour operators NGOs, development organisations and their part- and service providers who are committed to human Arbeitskreis Tourismus und Entwicklung (akte – Working Group on ners should put tourism onto their agendas with regard rights and have a credible CSR (Corporate Social Tourism and Development) is a non-profit organisation concerned with to its impacts on land, natural resources and human Responsibility) strategy. the social, cultural, economic and ecological impacts of tourism on deve- lopment. It aims to raise public awareness, advocates fair trade in tourism in a critical dialogue with the travel industry, and encourages travellers to be informed consumers. www.akte.ch This paper is endorsed by the Ecumenical Coalition On Tourism (ECOT) and the Tourism European Network (TEN). The Ecumenical Coalition On Tourism was founded in 1982 in response to the pro- found impact of tourism on third world communities. ECOT works in collaboration with ecumenical, church, faiths-based, and civil society groups around collective efforts to promote socially, ecologically and ethically responsible tourism. It believes that tou- rism must be based on justice and sustainability for host communities. The Tourism European Network is a network of non-governmental organisations working on tourism, human rights and development. TEN looks at tourism in the context of globalisation. The member organisations denounce and combat unfair practices in tourism. Members of TEN are: Akte – Working Group on Tourism and Development (CH), EED – Tourism Watch (G), Karavaan (B), Informatie Verre Reizen (NL), Naturefriends International (A), Schyst Resande (S), Studienkreis – Institute for Tourism and Development (G), Stichting Retour Foundation (NL), Tourism Concern (UK) Publisher: Editors: Heinz Fuchs (responsible), This paper summarises demands and recommendations published in the report “Putting Tourism Church Development Service Christina Kamp, Antje Monshausen, „ Christine Plüss, Tricia Barnett to Rights – A challenge to human rights abuses in the tourism industry (published by Tourism An Association of the Protestant „ Churches in Germany Photos: Christian Kamp, Andrea Schirmer-Müller, Concern) and the study “Alles was Recht ist – Menschenrechte und Tourismus (published by EED – – Evangelischer Entwicklungsdienst e.V. – Anti Slavery International Tourism Watch in cooperation with the Working Group on Tourism and Development – akte). Ulrich-von-Hassel-Str. 76 English translation: Christina Kamp „ D-53123 Bonn Printed on recycled paper “Envirotop Phone: +49 (0)228 8101-0 Bonn, March 2011 E-Mail: eed@eed.de www.eed.de