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references to cultural rights. 79 This of course greatly impedes their capacities to
include cultural rights in their planning and monitoring sche mes.
IV. Ways forward
A.
The right to development approach
75. As long as States continue to compartmentalize their obligations as members of
different organizations and participants in different international regimes, the
international development and trade governance system will remain highly
fragmented, and cultural rights, which affect every aspect of life and development,
will not be easily and fully implemented. The disconnect that exists between
development structures and human rights allows for the disregard of States’ binding
human rights obligations while pursuing trade negotiations. 80 States must take into
consideration human rights concerns at all stages of the development and trade
processes. Only then can cultural rights have a chance of being implemented in a
comprehensive manner in sustainable development. Looking at international
development and trade organizations without recognizing the role that States play in
the actions of such organizations does not address the core of the issue .
76. The right to development approach is the basis of solidarity and cooperation in
States’ collective actions in international organizations or in other global or regional
partnerships. 81 Under the right to development approach, fulfilling civil and pol itical
rights is as important as fulfilling cultural, economic and social rights, in their
substantive, constitutive and interdependent roles. A violation of any right is
tantamount to a failure to realize the right to development.
B.
More collaboration among entities
77. The Special Rapporteur noted the weakness of the mechanisms for cooperation
and knowledge-sharing between the relevant entities. In other words, the conditions
for the exercise of cultural rights within the institutions – recognition of and respect
for one’s own cultural capital and access to the knowledge and creativity of others –
are weak. Promising signs emerge in cases where international development agencies
coordinate and learn from their respective experiences. For example, to identify the
relevant groups in the preparation of a recent project, the World Bank strongly
benefited from consulting with the United Nations country team and representatives
of the Red Cross, who had a more experience and a wealth of knowledge in the
country. These types of consultations, if they are systematically integrated into the
policies and processes of international development agencies, could foster a better
recognition of the rights holders and their cultural dynamics, and prevent the negative
impact of projects on their cultural rights.
78. The institutions leading the international governance of development and trade
would benefit from multi-stakeholder and multicultural experiences at the regional,
national and local levels. Many of the contributions received by the Special
Rapporteur during the preparation of the present report testify to the added value of
bringing together persons from multiple perspectives, including the most
marginalized, having them interact and discuss the orientations they would want for
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79
80
81
23-14310
United Nations Sustainable Development Group, Inter-Agency Common Learning Package on
Human Rights-Based Approach to Programming (2017).
See Mihir Kanade, The Multilateral Trading System and Human Rights (Routledge, 2019), p. 196.
See A/HRC/51/36, para. 7.
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