A/HRC/23/34/Add.2
protection of economic, social and cultural rights had also been proposed, recognizing in
particular the rights of Vincentians “to have their historical, cultural and other heritage
respected, protected and preserved” and the right of people “to the enjoyment of freedom of
culture and to cultural expression.”4 The Special Rapporteur regrets that such important
provisions were not adopted.
2.
Relevant laws and policies
12.
The Government is currently finalizing its new cultural policy through a process
which includes consultations with various stakeholders, including representatives of the
Indian Heritage Foundation and the Garifuna Heritage Foundation, as well as social groups,
such as artists and artisans. The Special Rapporteur notes, however, that at the time of her
visit, very few of the interlocutors she met were aware of the planned consultations. While
commending the Government for its willingness to carry out wide consultations, she
stresses that stakeholders need to be informed sufficiently in advance with proper
documentation so as to ensure meaningful input from all stakeholders and broad ownership
of the policy.
13.
At present, the Government is also discussing its new strategy for tourism. The
Special Rapporteur stresses the need to ensure coherence between cultural and tourism
policies, through specific procedures and mechanisms. As the Government is aware, the
development of tourism may well result in greater support for the local culture but can also
have a detrimental impact on tangible and intangible cultural heritage.
3.
Relevant institutions
14.
There is still no national human rights institution in Saint Vincent and the
Grenadines. The draft 2009 Constitution provided for the creation of a Human Rights
Commission and an Ombudsman’s Office. Under article 16 of the current Constitution,
people may apply to the High Court for redress in case of breach of their fundamental
rights, as enshrined in the Constitution. However, the Special Rapporteur did not receive
any information indicating that this provision is resorted to.
15.
Two national institutions engaged in matters related to culture are of particular
importance and will likely be called to play an increasing role in the protection and
promotion of cultural rights in the country.
The National Trust
16.
The Saint Vincent and the Grenadines National Trust is a non-profit statutory body
established in 1969 with the mandate to, inter alia, locate, conserve and restore areas of
beauty as well as buildings and objects of archaeological, architectural, artistic, historic,
scientific or traditional interest. The Trust may declare places, buildings and objects as
Protected National Heritage; make and keep inventories and educate the public about the
historical assets and natural amenities of the country. 5
17.
In 2007, the National Trust, in its own words, has secured the passage of “some of
the most far reaching conservation legislation in the Caribbean. Act No. 37 of 2007
authorises the Trust to declare as ‘Protected National Heritage’ any place, building or
object, which should be conserved, restored or protected on account of its national interest
or archaeological, historic, artistic, architectural, scientific or traditional interest. Once a
4
5
Draft Constitution, chap. II, arts. 15 and 16. Available at: http://www.svgconstitution.com/about/.
St. Vincent and the Grenadines National Trust Act of 1969, available at http://www.tourism.gov.vc/
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