A/78/213
41. Important voices keep cautioning that the omission of culture and cultural rights
from the implementation of the Goals is problematic. In June 2023, this omission was
acknowledged in the preparatory meetings for the Sustainable Development Goals
Summit, during discussions on the draft political declaration to be adopted during the
Summit to be held in September 2023. Hopefully, the outcome will bring balance to
the discussions and recognize the importance of the cultural dimension of
development, being at least on the same level as social development.
42. Cultural development is completely absent from the TRIPS Agreement, the
multilateral agreement that provides the minimum standards of intellectual p roperty
protection. No attention is paid to the protection of cultural rights, traditional cultural
expressions and traditional knowledge. There are no special carve -outs from TRIPS
obligations permitted on these matters. United Nations bodies and the Offi ce of the
United Nations High Commissioner for Human Rights have repeatedly urged WTO
and its member States to take into account cultural rights in the implementation of the
TRIPS Agreement. 42 As highlighted by a previous Special Rapporteur in the field of
cultural rights, the obligations of States under intellectual property treaties must not
jeopardize the implementation of their obligations under human rights treaties (see
A/70/279, para. 89).
43. Cultural development is completely absent from IMF discussions. Not many
development projects focusing on cultural development are funded by the World
Bank. The organization would counter-argue that States do not ask for projects that
focus on the cultural dimension of development, and unfortunately, a survey of the
reviews that States have submitted to the Department of Economic and Social Affairs
on sustainable development supports such an argument.
B.
Cultural rights are still not explicitly addressed in and linked
to development
44. On the rare occasions when international organizations include the cultural
dimension of development, they do not discuss nor acknowledge cultural rights, even
if, indirectly, their work relates to them. The references to cultural rights in the
Mondiacult Declaration have renewed the commitment of States to include cultural
rights in their cultural policies; now is the time for States to also put cultural rights at
the core of and throughout their development plans. In the national voluntary reports 43
discussed during the high-level political forum on sustainable development convened
under the auspices of the Economic and Social Council held in July 2023, there is no
link made between “cultural diversity” (Chile), “social cohesion” (Burkina Faso),
“well-being” (Cambodia), “official language of minority communities” (Canada),
“universality of human rights” (European Union), “changes in behaviours and
lifestyles” (France), “cultural exchange” (Kuwait), “inclusive society” (Sing apore),
and cultural rights.
45. States also have to prioritize projects that put cultural rights at the centre of
development and, where necessary, submit them for funding to financial and
development agencies. It was reported to the Special Rapporteur t hat it was hard to
convince Governments to borrow for social and cultural development initiatives.
International trade and development agencies can only fund the projects submitted to
them. If States do not put forward projects that protect the diversity o f cultural values
and ways of life as part of development or strengthen the capacities of the cultural
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42
43
23-14310
See E/CN.4/Sub.2/2001/13, para. 65; E/CN.4/Sub.2/2002/9; and E/CN.4/Sub.2/2003/9. See also
A/70/279, paras. 96 and 107.
Available at https://hlpf.un.org/countries. See also the contributions of the Russian Federation
and Turkmenistan.
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