Sustainable Tourism Law

THE UNWTO DRAFT CONVENTION ON THE PROTECTION OF TOURISTS 205 With the aim of promoting responsible, sustainable and universally accessible tourism through implementing ethical principles in tourism, the Convention addresses tourists 10 , excursionists and any stakeholders involved. The approved text defines a framework of rules to develop a tourism that fosters mutual understanding and respect among people and communities, as well as acting as a tool for human development, both from an individual point of view and within social organizations where the personality of individuals is expressed; in addition, it is a key-factor towards the support of environmental sustainability and to promote cultural resources. Tourism ethical principles also include the “right to tourism” 11 , regarded as the corollary of the right to rest and leisure, freedom of travellers, rights affecting workers and professionals active in this field; specific tasks were given to the World Committee onTourism Ethics , a subsidiary branch of the UNWTOGeneral Assembly, and to the Conference of the Member States. On the other hand, as far as tourist protection is concerned, the aforementioned Guidelines are expressly based on the “ Guidelines for Consumer Protection ” approved on 22 December 2015 by the 70 th United Nations General Assembly, the par. 78 of which specifically refers to “Tourism” 12 . Among other objectives, these Guidelines require Member States to ensure that consumer protection policies are suitable to face challenges related to trading practices, tourism goods and services provision. Provided that rules and procedures set up by the Guidelines are always subject to the Organization Statutes, these have been exclusively developed to enable the analysis, approval, and potential adoption of one or both draft Conventions drawn on the basis of the aforementioned Resolutions 654(XXI) and 668(XXI) 13 . 10 The Global Code of Ethics for Tourism recalls the definitions and classifications applicable to travel and in particular the notions of “visitor”, “tourist” and “tourism” as adopted by the Ottawa International Conference, which took place from 24 to 28 June 1991, and approved in 1993 by the United Nations Statistical Commission, on the occasion of its XXVII session. 11 Under Art. 10, par. 1, by “right to tourism” we mean “the prospect of direct and personal access to the discovery and enjoyment of the planet’s resources constitutes a right equally open to all the world’s inhabitants”. 12 The 70th General Assembly of the United Nations approved the “Guidelines for Consumer Protection” with the resolution A/RES/70/186, whose paragraph 78 “Tourism”, located in section K “Measures relating to specific areas”, establish that “ Tourism . Member States should ensure that their consumer protection policies are adequate to address the marketing and provision of goods and services related to tourism, including, but not limited to, travel, traveller accommodation and timeshares. Member States should, in particular, address the cross-border challenges raised by such activity, including enforcement cooperation and information-sharing with other Member States, and should also cooperate with the relevant stakeholders in the tourism-travel sector”. 13 In order to guarantee the internal coherence of the path, the Secretariat of the UNWTO has opportunely harmonized the draft Convention on Tourism Ethics and the draft Convention on the Protection of Tourists, in particular with regard to the sections relating to the Conference of States Parties and the final provisions.