A/78/213
governance, being further away from those participatory spaces, struggle to identify,
recognize and include the diversity of all the relevant stakeholders, to grasp the
sensitive relationships they may have with each other and their environment, and to
adapt their highly standardized rules and mechanisms to meet the aspirations of those
they intend to support.
6.
To the knowledge of the Special Rapporteur, this is the first comprehensive attempt
to analyse the linkages between development and trade organizations and cultural rights.
In preparation for the present report, the Special Rapporteur conducted several meetings
with experts and development practitioners and issued a questionnaire in March 2023.
She thanks all those who have contributed for their insights.
Applicable international law and standards
7.
The Special Rapporteur acknowledges that the main duty bearers for the
realization of human rights, including cultural rights, are States. As members of the
international organizations that are involved with developm ent, they are the ones that
should push for the elimination of all the obstacles, weaknesses and challenges
identified in the present report concerning cultural rights in development, as well as
for the full respect, protection and implementation of cultur al rights through
international development, in accordance with their international human rights
obligations. 3 The focus of the present report is not the human rights obligations of the
specific organizations, although the Special Rapporteur concurs with the view of
many, including the Committee on Economic, Social and Cultural Rights, that as
entities of the United Nations, international organizations have the obligation to
uphold human rights. 4 She is encouraged to see international organizations endors e
human rights, whether it be silently, pragmatically, indirectly, using different
terminology, in a piecemeal way or wholeheartedly.
8.
Cultural rights protect the right of each person individually, in community with
others and collectively, to develop and express their humanity, their world views and
the meanings they give to their existence and their development through, inter alia,
values, beliefs, convictions, languages, knowledge and the arts, institutions and ways
of life. Cultural rights also protect the cultural heritage of the individual and groups
and the resources that allow such identification and development processes to take
place.
9.
In her most recent report to the General Assembly, the Special Rapporteur
mentioned the main provisions of international human rights instruments in which the
links between cultural rights and development are recognized, as well as the General
Assembly resolutions that have repeatedly made the link between development and
cultural rights. 5 Those instruments remain the basis of her analysis.
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4
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See the contribution of Switzerland for an example of human rights integration in the
international development and cooperation framework.
This position was stated multiple times by the Committee on Economic, Social and Cultural
Rights in its general comments, statements and open letters. See for example, E/C.12/2016/1,
para. 8; and general comment No. 21 (2009), para. 76. For businesses, see general comment
No. 24 (2017), para. 5; and the Guiding Principles on Business and Human Rights: Implementing
the United Nations “Protect, Respect and Remedy” Framework, principle 11 ( A/HRC/17/31,
annex).
General Assembly resolutions 65/166, 66/208, 68/223, 69/230, 70/214, 72/229 and 74/230.
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