Tourism and the Protection of the Cultural Rights and Identity of Indigenous Communities in the Light of the iachr Judgment in the Comunidad Garífuna Triunfo de la Cruz y sus miembros v. Honduras Case

Abstract

The Inter-American system of human rights is hailed as being progressive in terms of the rights of Indigenous communities. Yet, an important economic activity in the Americas has a significant negative impact on such communities, without receiving the same international attention and resulting outcry as the activities of extractive industries: mass tourism. In October 2015, the Inter-American Court of Human Rights (iachr) issued its decision on the merits in the Comunidad Garífuna Triunfo de la Cruz y sus miembros v. Honduras case. Among other violations, one concerns the failure of the Honduran state to consult with and obtain free, prior and informed consent from the Afro-Indigenous community when it comes to the planning and implementation of tourism projects. Can the Court be more innovative and progressive with regard to the rights of Indigenous peoples of the Americas in the context of the multifaceted manifestations of tourism development?