CULTURAL RIGHTS
staff and the project funds have not yet been substantially disbursed.34 As a
consequence of the last condition, the Panel may not evaluate Bank projects that
are closed. After a claim has been received, the Panel assesses its eligibility,
conducts a preliminary evaluation and makes recommendations to the Board of
the World Bank as to whether a full investigation is required. If the Board
approves, a full investigation is conducted, the Panel presents its findings, Bank
management proposes a plan to remedy violations and, finally, the Board
announces an action plan to resolve the policy violations. The Panel’s recommendations however are advisory only and it cannot order compensation or issue
interim relief. In practice, the effectiveness of the Panel as a remedy for violations
of Bank policies (and the cultural rights implicit therein) has been extremely
limited: processing of claims has been unduly complicated and drawn out, often
highly politicized, and the Bank’s Board has not agreed to full investigations in
many cases.35 For more information, see the case study on Holding the World Bank
to account in Tibet in the chapter on ‘Housing Rights’.
Guidelines for successful advocacy
Advocacy on cultural rights may take many forms across the local, national and
international levels. One of the most important is concerted action by indigenous
peoples and minorities to reassert control over the means by which culture is
transmitted at the local level, particularly in the education system. Early childhood
education programmes, such as the Mãori language nest system (Te Kohanga Reo)
employed in Aotearoa New Zealand,36 developed and controlled by indigenous
peoples and minorities, are critical components of asserting cultural rights; in this
case through exercising them and institutionalizing them in the education system.
At the national level, given the interconnections between cultural rights and
other rights, recognition of the right to culture often paves the way for addressing
other rights, such as land and resource rights and protection of cultural and
intellectual heritage. In Guyana, for instance, sustained advocacy by indigenous
peoples succeeded in obtaining constitutional recognition for the rights of indigenous peoples to protection and preservation of their cultural heritage, ways of life
and languages. This provision is in turn now being used to challenge state activities
in relation to unwanted encroachments on traditional lands, the failure to adopt
bilingual and intercultural education programmes, definitions of indigenous
peoples and communities that fail to account for traditional rules pertaining to
membership, and environmental pollution. Cultural rights can also be asserted in
relation to projects financed by international financial or development institutions
to seek modifications to project design. In this sense, it is important to be
proactive in asserting these rights, especially at early stages of project design. It is
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