A/HRC/61/49/Add.1 65. These rights are enshrined in multiple instruments ratified by the Lao People’s Democratic Republic, as interpreted by treaty bodies, including the International Covenant on Economic, Social and Cultural Rights (arts. 13 and 15), the International Covenant on Civil and Political Rights (art. 27) and the Convention on the Rights of the Child (arts. 28–30), as well as in the United Nations Declaration on the Rights of Indigenous Peoples and the Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities. Minority-specific instruments aside, many general human rights provisions, particularly articles 13 and 15 of the International Covenant on Economic, Social and Cultural Rights and 28 and 29 of the Convention on the Rights of the Child, apply to all persons irrespective of whether they belong to minority groups or Indigenous Peoples and must therefore be implemented in the country. 4. Impact of tourism 66. The Special Rapporteur recognizes that some initiatives exist to save traditional practices from being essentialized for tourism or from being lost. For example, she was pleased to see the work done by the Traditional Arts and Ethnology Centre, which includes community research, advocacy for intellectual property rights and heritage training. She welcomes the Government’s measures to support efforts to protect against the misappropriation of traditional weaving. 67. However, the Government should pay attention to the impact of tourism on cultural rights. The Special Rapporteur is concerned about cultural practices, such as music performances or almsgiving ceremonies, that are gradually being turned into economic products for mass tourism. The instrumentalization of cultural practices disconnects culture from ways of life. The meanings and ownership of such practices are lost in the efforts to satisfy the customer. Tourism must reflect respect not only for biodiversity but also for cultural diversity, and measures must be put in place to ensure respect for both. 68. Another issue of concern is the scant attention paid by the authorities to the implications of the vocational and professional shift that is required from people as a result of tourism projects. While understanding that communities are offered new opportunities to enhance their livelihoods, the Special Rapporteur stresses the importance of ensuring: that people understand the consequences these opportunities have, not only for their standards of living but also for their ways of life; and that their free, prior and informed consent is sought. 5. Assessing impact on continuously evolving cultural practices 69. Everywhere, cultures are vivid and dynamic. They evolve over time and at different paces, including from one generation to the next, in the light of, among other things, cultural and scientific interactions between communities and across borders, new technologies and new scientific knowledge in many aspects of life and work, and economic pressure and people’s mobility. 70. Development policies often accelerate those changes. Such policies should be designed on the basis of prior and thorough cultural rights impact assessments, with those affected participating in the analysis and decision-making. People must be allowed and encouraged to genuinely reflect on what they are ready to lose or change, on what cultural resources they can cultivate to face challenges and mitigate impact, on what support they need to do so, and on the advantages and benefits they will receive. 71. This is currently not the case in the country. Human rights impact assessments, including cultural rights impact assessments, necessarily entail transparency of information; participation in analyses and decision-making; discussion of the sharing of benefits, fair compensation and remedial and accountability procedures; and a commitment to non-discrimination, equality and cultural diversity, as well as to the principle of free, prior and informed consent. GE.26-01463 13

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