Sustainable Tourism Law

GLOBAL CODE OF ETHICS FOR TOURISM AND CHARTER 441 GLOBAL C DE OF ETHICS AND CHA TER FOR SUSTAINABLE TOURISM transformed into the UNWTO Convention on Tourism Ethics, on September 14 th , 2017. On its Article 8, the convention 12 stipulates provisions about the necessary benefit that must arise from the touristic activity to the host communities: “1. Local populations should be associated with tourism activities and share equitably in the economic, social and cultural benefits they generate, and particularly in the creation of direct and indirect jobs resulting from them; 2. Tourism policies should be applied in such a way as to help to raise the standard of living of the populations of the regions visited and meet their needs; the planning and architectural approach to and operation of tourism resorts and accommodation should aim to integrate them, to the extent possible, in the local economic and social fabric; where skills are equal, priority should be given to local manpower; 3. (…) 4. (…)” It is clear that, both the Charter for Sustainable Tourism and the UNWTO Convention on Tourism Ethics do not mention directly the Rights to housing as a sustainability issue. There is, however, no doubt that, even if it is a Fundamental Right, the legal interests protected by the cited rules must include the Right of the local population to have a proper house at affordable prices and not to have this Right affected by the advent of tourism development. There can be no doubt that the Right to housing is essential to protect interests such as social equity, sustainable development and the standard of living of the local residents. Although these legal texts are not merely programmatic rules, they impose obligations to the governments to develop studies, investigation and to approve measures, in order to protect the residents’ life and rights and to have better planned tourism and territories. III. TOURISTIC GENTRIFICATION The touristic investment has obvious advantages to the destination and its populations (economic growth, employment, urban rehabilitation, etc.); however, it can create risks of unintended impacts on the sustainability of territories, environment and residents’ quality of life. 12 Previously, article 5 of the Global Code for Ethics on Tourism (1999).