A/76/178
solidarity. All of these are a core part of the full exercise of cultural rights by all,
without discrimination and in the context of the universal human rights framework.
9.
The first Special Rapporteur in the field of cultural rights, Farida Shaheed,
stressed the role of transnational approaches to history teaching and the need for
critical thinking that can “help to overcome a narrow nationalistic, ethnic or
microfocused identity”. 15 She warned against monolithic historical narratives. These
insights are important for preserving histories of the intermingling of cultures.
10. Different terms are used to describe the dynamics of cultural mixing and
hybridity in various regions and fields. While they have important nuances and areas
of overlap, the Special Rapporteur underscores the positive potential of each for
cultural rights. “Cultural mixing” 16 or “cultural borrowing” helpfully describe
intercultural dynamics at the macro and micro levels but are sometimes unhelpfully
viewed as positing cultures as separate phenomena that intermingle. “Cultural fusion”
and “hybridity” better convey the transformative dynamic of mixing, in which the
whole is more than the sum of its parts. However, these may also be less accessible
terms. “Syncretism” has especially been used in relation to religions and emphasizes
the positive adaptation of religious traditions to local practices and cultures. While
syncretism describes the process by which cultures constitute themselves at any given
time, the term may also carry pejorative connotations, or overtones of hegemonic
cultural expressions that come to digest or eclipse others. Many of these terms have
been criticized, including for harmful ways they may have been employed in the past.
As noted by Barbara Abou-El-Haj, “we have yet to find a language capable of
describing unequal exchange in a world of unequal exchanges ”. 17 It is important to
carefully consider the meaning and human rights implications of all terms used in this
field. The Special Rapporteur will employ a variety of these terms, with awareness
both of their imperfections, and their significance.
B.
Towards a holistic human rights approach to cultural mixing
11. Discussions of cultural mixing and mixed cultural identities must be firmly
rooted in equality and universal human rights. According to article 2 of the
Convention on the Protection and Promotion of the Diversity of Cultural Expressions
of the United Nations Educational, Scientific and Cultural Organization (UNESCO),
“cultural diversity can be protected and promoted only if human rights and
fundamental freedoms, such as freedom of expression as we ll as the ability of
individuals to choose cultural expressions, are guaranteed. No one may invoke the
provisions of this Convention in order to infringe human rights and fundamental
freedoms as enshrined in the Universal Declaration of Human Rights or gua ranteed
by international law, or to limit the scope thereof. ”
12. The Committee on Economic, Social and Cultural Rights explained in its
general comment No. 21 (2009) on the right of everyone to take part in cultural life,
that cultural life “is an explicit reference to culture as a living process, historical,
dynamic and evolving”, and “the concept of culture must be seen not as a series of
isolated manifestations or hermetic compartments, but as an interactive process
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15
16
17
21-10019
A/68/296, para. 54. For examples of such critical thinking, see T. Joseph, Early Indians: The
Story of Our Ancestors and Where We Came From (Juggernaut Publication, 2018), and D. Hicks,
The Brutish Museums: The Benin Bronzes, Colonial Violence and Cultural Restitution (Pluto
Press, 2020).
See https://journals.sagepub.com/doi/abs/10.1177/0022022116670514?journalCode=jcca& .
Barbara Abou-El-Haj, “Languages and Models for Cultural Exchange”, in Culture, Globalization
and the World System: Contemporary Conditions for the Representation of Identity (Anthony D.
King, ed., 1991).
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