A/78/213
than in harm acknowledgment or project change. 76 And although it is gradually
improving, several agreements between the parties are still not made public by the
World Bank.
70. Other important international entities are still lacking appropriate accountability
mechanisms. There is no redress, that is to say no existing mechanism to directly
challenge the decision-making of the IMF. 77 And as the technical expert review for
WIPO revealed, effective mechanisms for redress should be provided to local
communities where cultural and intellectual property has been misused or
misappropriated without the free, prior and informed consent of the concerned
communities. 78
G.
Looking within international governance
71. In conducting her study, the Special Rapporteur noted that some challenges also
existed within the structure of the respective international agencies, which may hinder
their ability to deliver on cultural diversity and cultural rights.
72. One such challenge seems to lie in the presence, and not mere representation, of
cultural diversity in the international governance system itself. The Secretary -General
noted in his recent report on progress towards the Sustainable Development Goals
that the international financial architecture would need “deep reforms” to enhance the
“voice and participation of developing countries in the governance of international
financial institutions” (A/78/80-E/2023/64, para. 20). The international governance
of development is still suffering from the context of its creation, and efforts must be
made to ensure that all countries can fully take part in it. As States are the first duty
bearers accountable for the respect, protection and realization of human rights, it is
of the utmost importance that Governments and their respective public bodies be fully
involved in the international governance of development and have the ability to
uphold their human rights obligations through development cooperation and with the
support of the international financial architecture. Although cooperation with private
bodies, as partners of development projects, might be necessary and desirable, these
stakeholders should never replace public bodies.
73. In addition, some countries have also asked for diversity among the staff of
international bodies. Efforts to increase cultural diversity on the basis of passports are
very simplistic in this globalized world, do not take into account the variety of cultural
backgrounds within the States which amount to different world views, and do not take
into account intersectionality, involving a diversity of socioeconomic and academic
backgrounds, sensitivities and experiences. Diversity has to be multidimensional and
multilayered. Based on statistics on countries of origin, it will not have the
transformational results of inclusion but will continue to maintain dominant
viewpoints and to harbour inequalities and discrimination.
74. Another challenge lies in the lack of reference to cultural rights in the human
rights resources shared by United Nations entities, as well as in their capacity building tools. Even the United Nations inter-agency common learning package on a
human rights-based approach, which should strengthen the capacity of United Nations
staff to apply this approach to country programming, fails to include thorough
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76
77
78
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Kelebogile Zvobgo and Benjamin A. T. Graham, “The World Bank as an enforcer of human
rights”, Journal of Human Rights, vol. 19, no. 4 (2020), pp. 425–448.
Willem van Genugten, Paul Hunt and Susan Mathews, eds., Tilburg Guiding Principles on World
Bank, IMF and Human Rights (2002), para. 22.
WIPO/GRTKF/IC/46/INF/8 (2022), annex, paras. 14–17.
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