A/HRC/14/36 commitment to human rights and fundamental freedoms, in particular the rights of persons belonging to minorities and of indigenous peoples (para. 4). Freedom of expression, media pluralism, multilingualism, equal access to art in all its forms and scientific and technological knowledge, including in digital form, and the possibility for all to have access to the means of expression and dissemination are the guarantees of cultural diversity (para. 6). The Convention on the Protection and Promotion of the Diversity of Cultural Expressions adds that cultural diversity can be protected and promoted only if human rights and fundamental freedoms, such as freedom of expression, information and communication, as well as the ability of individuals to choose cultural expressions, are guaranteed (art. 2, sect. 1). The right to participate or not to participate in the cultural life of given communities, as defined by decision makers within such communities or State authorities, is also key for the protection of cultural diversity. The exercise of cultural freedoms by all can enhance cultural diversity.30 26. Furthermore, the respect, protection and promotion of cultural diversity are essential for ensuring the full respect of cultural rights. This has been proclaimed implicitly by the Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities, according to which States shall protect the existence and the national or ethnic, cultural, religious and linguistic identity of minorities and shall encourage conditions for the promotion of that identity (art. 1). This also stems from the Declaration on the Rights of Indigenous Peoples. Beyond this, cultural diversity in a society can provide people — irrespective of their background — with the opportunity to enjoy a wider range of cultural choices.31 In this regard, it is important to bear in mind the tendency of nationStates to protect dominant nations or groups.32 As further stressed by the Committee on Economic, Social and Cultural Rights in its general comment No. 21, States’ obligations to respect and to protect freedoms, cultural heritage and diversity are interconnected, and ensuring the right to participate in cultural life includes the obligation to respect and protect cultural heritage in all its forms and of all groups and communities (para. 50). 27. In the view of the independent expert, this second aspect needs further reflection. The question is to what extent, and in which circumstances, do cultural rights entail the obligation to respect, protect and promote cultural diversity and cultural heritage in its diverse forms. At stake, from a human rights perspective, are the possibilities for individuals and groups: (a) to freely express and develop their cultural identity; (b) to access cultural heritage and references that allow such expression, development and identification processes to take place freely, including information from outside their own specific communities as well as the benefits of scientific progress; and (c) to participate in the interpretation, elaboration and development of cultural heritage and references and in the reformulation of the contents and contours of their cultural identity. 28. Therefore, ensuring mutual support between cultural diversity and human rights, in particular cultural rights, requires the fulfilment of certain conditions. As stated in the Human Development Report 2004: It is certainly true that allowing diversity in cultural practices can be extremely important, since the exercise of cultural liberty depends on it. This, however, is not the same as championing cultural diversity for its own sake. Much would depend on how cultural diversity comes about and the extent to which the people involved can exercise their freedom. It would be a serious mistake to regard cultural diversity as 30 31 32 GE.10-12440 UNDP, Human Development Report 2004, p. 23. Ibid. E/C.12/40/17, pp. 10–11. 11