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.
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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).
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