A/74/255 The Special Rapporteur on extreme poverty and human rights explained that: “Privatization is a process through which the private sector becomes increasingly, or entirely, responsible for activities traditionally performed by government, including many explicitly designed to ensure the realization of human rights ” (see A/73/396, para. 1). Because “profit is the overriding objective” of privatization, he expressed concern that this might systematically eliminate human rights protection and sideline considerations such as equality and non-discrimination (Ibid., para. 82). 72. Privatization of public spaces and the creation of quasi-public spaces may undermine the enjoyment of cultural rights. These spaces are privately owned and developed but open for use by the public, either for free or for a fee, such as malls, food courts and theme parks, and may replace the main street as a gathering place. People might feel as if they were in a public space, but the rights they enjoy might be fewer. Malls, for example, are designed for the purpose of consumption, not for the expression of ideas or opinions or mutual interactions. Spontaneous dancing or singing might be restricted, demonstrations can be prohibited and security guards or surveillance devices can restrict access by certain persons – mainly groups of youth, elderly persons and people with low incomes. Openness and accessibility are therefore not fully guaranteed. Due to restrictions on certain activities, these spaces may be considered more comfortable than actual public spaces, especially for those with money, 72 leading to class-based spatial divisions. In Togo, authorities consider that privatization of public spaces is leading to discrimination based on social categories. 73 In Croatia, observers highlight that urban spatial planning is now dominated by investors. 74 73. In many cities, waterfronts are increasingly becoming “privatized public spaces” dedicated to commercial usage. Moreover, gated communities and the privatization of streets also reduce freedom of movement in public spaces. All such privatizations of previously public spaces can have an adverse effect on the cultural diversity once manifested in these spaces. 74. Civil society organizations have addressed privatization processes and initiated consultation processes regarding them. In Comodoro Rivadavia, Argentina, the g roup Centinelas del patrimonio indicates that privatization initiatives often happen without prior consultation, without environmental impact studies and without providing access to information. 75 75. Privatization of public spaces raises the question of who secures the right to public spaces, their sustainability and the role of public authorities in protecting and maintaining such spaces for the public good. One solution to address this challenge is to establish zoning regulations requiring that every locality have meaningful public spaces, including green spaces, that are central enough for people to actually gather, practise their cultures, express themselves, including artistically, engage in commerce, work, travel, socialize and share ideas and differen t points of view. “A government that claims to guarantee rights to speech, expression, assembly and association but provides no space in which to do so makes a hollow promise to its citizens.” 76 __________________ 72 73 74 75 76 19-13014 Marco Kusumawijaya, “Common space and public space in contemporary urbanization” in Public Space in Urban Asia, by William S.W. Lim (World Scientific Publishing Company, 2014), pp. 138–153. See contribution by Togo. See contribution by Ana Zuvela. See their contribution. Gregory Smithsimon, “The right to public space”, 10 March 2015, available at www.metropolitiques.eu/The-Right-to-Public-Space.html. 19/24