A/78/213
sector to ensure everyone’s right to take part in cultural life, then such projects will
not be funded, and the cultural dimension of development will re main undermined.
46. Although the implementation of development programmes and strategies should
respect all human rights and avoid having a negative impact on their enjoyment and
ability to be exercised by all, none of the existing planning and monitoring
mechanisms for their implementation have a systematic human rights impact
assessment. It is left to States and to development agencies to analyse their
development work and methodologies in terms of human rights.
47. At the World Bank, this translates into a partial approach to human rights: they
are mentioned in the principles and guidelines, but only some of them are truly
operationalized in the Environmental and Social Standards. With respect to the rest,
the World Bank seeks to avoid adverse impacts and support its member countries as
they strive to progressively achieve their human rights commitment.
48. The policies of WIPO are aligned with cultural rights, but do not explicitly
integrate them. The 2007 recommendations under the WIPO Development Agenda, 44
important as they may be in internalizing cultural rights, do not mention them when
referring to inclusive and participatory processes, the protection of traditional
knowledge and folklore and further access to knowledge. 45 The independent review
of the implementation of the Development Agenda recommendations, in 2016, was a
missed opportunity to discuss the effects of the work of WIPO on cultural
development and cultural conditions. 46 The 2023 report on the contribution of WIPO
to the implementation of the Goals and their associated targets still does not refer to
the cultural dimension of development, nor does it discuss the impact of WIPO
development work on cultural resources. In addition, WIPO initiatives only address
specific issues, mainly the traditional knowledge and heritage of Indigenous Peoples
and local populations. In limiting the scope of culture, they also limit the scope of
cultural rights.
49. Culture, as recognized in General Assembly resolution 76/214, represents a
source of identity, innovation and creativity for individuals and their communities.
Cultural development, from a human rights perspective, encompasses the
development of each person’s identity, individual and collective, and of their ability
to contribute to innovation and express their creativity; the development of practices,
ideas and philosophies that can be shared and used in developing other aspects of the
individual and groups; and the development of material resources, spaces and
conditions that allow the exercise of everyone’s right to take part in cultural life and
in the decision-making processes that have an impact on it. Focusing only on the
cultural development of the most marginalized or with only a heritage perspective
limits the potential transformation that can be achieved through a comprehensive
understanding of cultural development and rights.
50. In general, one has to bear in mind that although some organizations have
declared a welcoming focus on cultural rights, there remain crucial questions about
the models that some of these bodies pursue, and whether these lead to the needed
paradigm shift. 47
__________________
44
45
46
47
14/24
Available at www.wipo.int/ip-development/en/agenda/recommendations.html.
See recommendations 27 and 35.
WIPO, Committee on Development and Intellectual Property, Report on the Independent Review
of the Implementation of the Development Agenda Recommendations, Eighteenth Session
(CDIP/18/7 (2016)).
Contribution of International Federation of Library Assoc iations and Institutions (2022).
23-14310