A/78/213 22. The Special Rapporteur is encouraged to see the progress in the WIPO approach to development but notes the lack of framing of that approach in terms of cultural rights. The Committee on Development and Intellectual Property has just updated a review of implementation strategies and modalities for development 20 and an independent review of the technical activities is being discus sed. 21 This opens possibilities for more engagement with the cultural dimension of development, for endorsing the current wider understanding of cultural resources that goes beyond traditional expressions and for renewed interest in a more comprehensive vision of identifying and minimizing the negative impacts of WIPO activities and implementation on cultural rights, both individual and collective. D. World Bank 23. Although serious concerns have been raised concerning projects funded b y the World Bank and their effect on cultural rights, the World Bank has made considerable progress over the past decade in addressing these concerns in its standards and better reflecting cultural rights. In August 2016, the Bank adopted a new set of environmental and social policies called the Environmental and Social Framework, which came into force in 2018. According to the vision statement of the Framework, the activities of the Bank will support the realization of human rights expressed in the Universal Declaration of Human Rights. This represents a major opportunity, even if human rights are not explicitly referred to in the operational work of the Bank. With respect to cultural rights, the reference to the Universal Declaration of Human Rights is important as it commits the Bank to support the realization of cultural rights, as stated in article 27. 24. The 10 Environmental and Social Standards of the Environmental and Social Framework 22 relate to cultural rights in several ways and sometimes go quite far in protecting them. For example, Standard 7, entitled “Indigenous Peoples/Sub -Saharan African Historically Underserved Traditional Local Communities” explicitly recognizes a cultural dimension of development: “the development process fosters full respect for the human rights, dignity, aspirations, identity, culture, and natural resource-based livelihoods” of these peoples/communities. The Bank also requires the free, prior and informed consent of Indigenous Peoples when the project has a significant impact on their cultural and spiritual heritage, and a grievance mechanism which is culturally appropriate and accessible to affected Indigenous Peoples. 25. In addition, Standard 8 recognizes that “cultural heritage, in its many manifestations, is important as a source of valuable scientific and historical information, as an economic and social asset for development, and as an integral part of people’s cultural identity and practice.” It sets out measures designed to protect heritage throughout the project life cycle from the adverse effects of its activities, to support its preservation and specifically “to address cultural heritage as an integral aspect of sustainable development”. The standard requires meaningful consultation with stakeholders on heritage and the equitable sharing of benefits from its use. 26. Given their role in supporting development through financing large infrastructure projects, multilateral development banks are key stakeholders in defining, driving and monitoring the sustainable de velopment process. The recognition by the World Bank of the link between culture and development and its push to protect cultural rights is an important one. __________________ 20 21 22 23-14310 WIPO, document CDIP/29/6. WIPO, document CDIP/30/3. World Bank, The World Bank Environmental and Social Framework (Washington, D.C., 2017). 9/24

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