A/HRC/14/36
measures that impede cultural change may be extremely damaging to both culture and
cultural rights; cultural innovations within communities contribute to cultural diversity.
47.
As noted by the Committee on Economic, Social and Cultural Rights in its statement
on globalization and economic, social and cultural rights, globalization:
Has also come to be closely associated with a variety of specific trends and policies
including an increasing reliance upon the free market, a significant growth in the
influence of international financial markets and institutions in determining the
viability of national policy priorities, a diminution in the role of the state and the size
of its budget, the privatization of various functions previously considered to be the
exclusive domain of the State, the deregulation of a range of activities with a view to
facilitating investment and rewarding individual initiative, and a corresponding
increase in the role and even responsibilities attributed to private actors, both in the
corporate sector, in particular to the transnational corporations, and in civil society.41
The Committee added that “none of these developments in itself is necessarily incompatible
with the principles of the Covenant or with the obligations of governments thereunder” but
that taken together, “and if not complemented by appropriate additional policies,
globalization risks downgrading the central place accorded to human rights”, including
cultural rights.42 In its general comment No. 21, the Committee emphasized that “particular
attention should be paid to the adverse consequences of globalization, undue privatization
of goods and services, and deregulation on the right to participate in cultural life”.43
48.
Within the framework of UNESCO, important legislative steps have been adopted in
response to the detrimental effect of globalization on cultural diversity. The Universal
Declaration on Cultural Diversity and the Convention on the Protection and Promotion of
the Diversity of Cultural Expressions propose measures for the protection of cultural
diversity, based, in particular, on the principle that cultural goods and services, as vectors of
identity, values and meaning, must not be treated as mere commodities or consumer
goods.44 States are invited to develop cultural policies that do not necessarily coincide with
free market rules. In some respect, such instruments enhance the capacity of States to adopt
measures necessary for the conservation, the development and the diffusion of science and
culture, as required by article 15, paragraph 2, of the International Covenant on Economic,
Social and Cultural Rights.
49.
The issue of the impact of globalization on cultural rights should be addressed also
taking into consideration important instruments, studies and initiatives that stress the
existing links between culture and development.45 In particular, the Universal Declaration
41
42
43
44
45
16
Official Records of the Economic and Social Council, 1999, Supplement No. 2 (E/1999/22–
E/C.12/1998/26), chap. VI, para. 515 (2).
Ibid., para. 515 (3).
Para. 50 (b).
Universal Declaration on Cultural Diversity, art. 8; Convention on the Protection and Promotion of
the Diversity of Cultural Expressions, preamble.
In particular, the Mexico City Declaration on Cultural Policies, adopted at the World Conference on
Cultural Policies, Mexico City, 26 July–6 August 1982, addressed the cultural dimension of
development. It led to the World Decade for Cultural Development (1988–1997), launched by
UNESCO, and the Action Plan on Cultural Policies for Development, adopted at the
Intergovernmental Conference on Cultural Policies for Development (Stockholm Conference), 30
March–2 April 1998. Furthermore, in the mid-1990s the World Commission on Culture and
Development, which gathered a panel of specialists under the chairmanship of former United Nations
Secretary-General Javier Perez de Cuéllar, addressed the issue of the interactions between culture and
development (see “Our creative diversity: report of the World Commission on Culture and
GE.10-12440