A/HRC/55/44/Add.1 sharing of competencies, in particular with regard to aspects of education related to cultural rights, such as the teaching of languages, human rights and tolerance, representation of diversity and academic freedoms, and the “Integration through qualification” programme for migrants and refugees. Teaching the histories, values and philosophies of all sections of the population is an important aspect of cultural rights. 20. Competencies in the field of integration of migrants are also split between the federal, state and local levels. The Minister of State for Migration, Refugees and Integration is tasked with connecting the realities and demands of migrants and diasporas with policymaking initiatives, and with strengthening the participation of all migrants in German society. At the time of the visit, the Minister of State was working on the drafting of the Participation Act announced in the 2021 coalition agreement. 21. The Participation Act, in addition to requiring reports on participation from the various states, should make references to the right of all, with no distinction regarding legal status, to freely take part in cultural life, as established in article 15 of the International Covenant on Economic, Social and Cultural Rights and article 27 of the Universal Declaration of Human Rights, and as explained in general comment No. 21 (2009) of the Committee on Economic, Social and Cultural Rights. This also includes the right to take part in shaping culture (including narratives, values, practices and visions) and in any decision-making process that has an impact on cultural life broadly construed. Considering the absence of this right in the Constitution, explicit references to the international human rights obligations of Germany would be an important component of the Participation Act. The Special Rapporteur looks forward to learning more about the adoption and implementation of the Act when presenting her report. 22. The Special Rapporteur learned that the German Council for Sustainable Development had included cultural diversity, education for sustainable development and culture and development among its areas of focus, primarily implemented abroad by the Goethe Institute. As development and cultural rights have been one of the priorities of the Special Rapporteur and the theme of two of her reports, she hopes to collaborate with the Council to promote a greater recognition of cultural development and cultural rights both in the implementation of the 2030 Agenda for Sustainable Development and beyond, as a stand-alone goal. C. System of cultural governance 23. Germany is a party to five of the six main UNESCO conventions concerning heritage and has more than 50 properties inscribed on the World Heritage List. The German Commission for UNESCO is supported by the Federal Foreign Office but enjoys full independence. 24. The overarching cultural policy of Germany, overseen by the Parliamentary Committee on Cultural and Media Affairs, is aimed at guaranteeing the free development of the arts and facilitating access to arts and culture for all citizens. Through the constitutionally enshrined cultural federalism, states, municipalities and local governments share responsibility for supporting the arts and culture, including by providing creation and performance infrastructures, dissemination, awareness-raising and arts education. At the federal level, advice is provided on the legal framework but not on the substance of cultural policies. This is in many ways a commendable system based on subsidiarity, increasing consideration for local cultural diversity and bringing cultural decision-making processes closer to those concerned. Numerous public representatives expressed their commitment towards respecting local realities and not imposing a top-down agenda. 25. The Special Rapporteur shares, however, the concern of the Committee on Economic Social and Cultural Rights that such a decentralized system leads to a significant degree of disparity in the realization of cultural rights across the states. While Germany aims to respect local diversity, it also has a responsibility at the federal level to fulfil its obligations under the Covenant as the primary duty bearer,2 which may require establishing minimum standards 2 6 See E/C.12/DEU/CO/6, paras. 5 and 6. GE.24-01816

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