A/HRC/40/53 5. Many creative initiatives are happening in different regions of the world in these regards. Nevertheless, many more such programmes need to be developed to help governments at all levels comply with their cultural rights obligations. B. Legal recognition 6. The ratification of international human rights instruments relevant to cultural rights is an important step for the realization of these rights, and one that the Special Rapporteur has continuously called for. However, it is as important to translate these international commitments into national and regional laws providing for concrete implementation. 7. In the review of its constitution in 2011, Mexico recognized that human rights obligations have an equal value with the constitution, and specifically incorporated cultural rights into the text.9 Meanwhile, Mexico City dedicated a full chapter to cultural rights in its first city constitution.10 Egypt has also included a number of cultural rights in its 2014 constitution. Morocco recognized linguistic and cultural diversity in its constitution in 2011,11 and France, when modifying its territorial organization, made explicit the shared responsibilities of different levels of Government in the implementation of cultural rights,12 In these countries, the challenge now is to ensure that institutional, administrative and public policy frameworks, and practice, comply with these commitments. 8. Cultural rights have also been explicitly mentioned in certain laws. One example is the decree about cultural centers in the Wallonia-Brussels Federation, adopted in November 2013 and committing cultural centers to contribute through their activities to the exercise of cultural rights for all.13 Additionally, cultural rights are mentioned in the section on culture in the coalition agreement of the new government of Luxembourg (2018-2023). A number of States have put in place legislative changes to respect freedom of artistic expression, including France, Tunisia, South Korea14 and the Nordic Ministries of Culture.15 9. Other States have made efforts to increase guarantees regarding access to culture and heritage, either in National Human Rights Plans or in laws governing the cultural sector and intellectual property.16 In such cases, the challenge is ensuring the adoption and utilisation of a human rights approach that will foster greater cultural choices and the participation of all, and not only provide for people’s access to a given cultural offer as consumer. One notable example concerns the cancellation of a trademark, the “Viche del Pacífico”, which was an example of expropriation of indigenous peoples’ equitable share of 9 10 11 12 13 14 15 16 22 Instituto International de Derecho Cultural y Desarrollo Sustentable (IDC Cultura), p. 2. National Council for human Rights of Egypt. Institut Royal de la Culture Amazighe (IRCAM), p. 1; Morocco, p. 8. French law on the new territorial organisation of the Republic (Nouvelle Organisation Territorial de la République, NOTRe), 2015-991, articles 103-104. www.centresculturels.cfwb.be/index.php?id=9331. Sarah Wyatt, p. 3. Nordic Ministers of Culture Declaration on “Promoting Diversity of Cultural Expressions and Artistic Freedom in a Digital Age”, Helsinki, 2 May 2016. Submissions from Ole Reitov, §5 and the Government of Sweden. See also Norway’s submission for its strategy for Freedom of Expression and its human rights agenda supporting artistic freedom and combatting radicalisation and violent radicalism and Sweden’s submission on its efforts to improve opportunities for persons with disabilities to equally take part in cultural life (I, 3, i). Submissions from the Defensoría del Pueblo de la República Bolivariana de Venezuela about Venezuelan cultural policy; from the National Institute for Human Rights of Argentina, p. 5, about the inclusion of access to culture and heritage in Argentina’s National Human Rights Plan 2017-2019; from the Comisionado Nacional de los derechos humanos de Honduras, on its Action Plan for the Development of Moskitia 2016-2017; from the Commission on Human Rights of the Philippines about the inclusion of a chapter on culture in the country’s development plan 2017-2022, p. 2 and annex; from the Cyprus Department of Antiquities, p. 2; measures taken in national law by a number of States following the ratification of the Treaty of Marrakech.