A/HRC/20/26/Add.2
fortress was, however, completely demolished, and an open square has been built in its
place. Unfortunately, no public consultations were conducted prior to the decision to
demolish these historic buildings.
80.
The Independent Expert welcomes the numerous cultural initiatives and festivals
promoted by local authorities, as well as the funding offered to cultural associations as part
of the National Initiative for Human Development. She was, however, informed that, for
the organization of numerous festivals, a disproportionate amount of funds was spent on
inviting international musicians, particularly from Mauritania. At the same time, local
musicians and music groups were reportedly screened by a committee which can ask them
to change, for instance, the lyrics of traditional songs and other proposed performances
should they find them inappropriate. The Independent Expert was also informed that some
cultural practitioners were not allowed to participate. Such practices, which limit the free
expression of cultural diversity that should be otherwise promoted and fulfilled, seem
contrary to the right to freedom of expression and artistic freedom.
81.
The Independent Expert recommends that all necessary measures be taken to ensure
the enjoyment of the right to participate in cultural life of local communities. In particular,
local artists should be able to participate freely in art festivals without any interference
relating to the content of their performance, in accordance with the right to freedom of
expression. Cultural diversity and traditional ways of life should be promoted and
integrated into the education system, and the Saharawi population should be able to learn
about their history and culture in schools. Families should be able to choose the names of
their children, and family reunions should be promoted and allowed to take place on a
regular basis. International cooperation and assistance to clear land mines in the desert
should be encouraged.
VI. Conclusions and recommendations
82.
The Independent Expert emphasizes the remarkable efforts made by Morocco
in recent years to respect and promote human rights. The amendments to the
Constitution have strengthened the protection of human rights, including those of the
most vulnerable populations, put greater importance on cultural rights and cultural
diversity and conferred an official status to the Amazigh language.
83.
Some existing laws, policies and practices are still not in keeping with the
State’s international and constitutional commitment to recognize and respect cultural
rights and cultural diversity. New constitutional provisions, especially those
concerning cultural rights and diversity, should be effectively enforced through the
adoption of laws, including all relevant by-laws, as stipulated in the Constitution. Such
new laws and measures require the adoption of relevant policies and strategies and
should be accompanied by appropriate training and orientation of duty-bearers who
implement them. While understanding that the amended Constitution has only been
recently adopted, the Independent Expert urges the Government to act in a timely
manner on this issue by continuing and further strengthening the consultative process
adopted for the constitutional amendments.
84.
Ensuring the cultural rights of persons belonging to specific cultural
communities (Amazigh, Jewish and other groups) requires providing them with the
possibility of bringing their own individual and collective cultural viewpoints to the
shaping of cultural and social developments in the country as a whole, while
preserving in parallel the elements of their culture that they wish to maintain. It also
implies promoting and protecting their right to maintain and develop their way of life,
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