A/78/213 Culture to foster an enabling environment conducive to the respect and exercise of all human rights, in particular cultural rights, individual and collective. This is an important step forward, as it could potentially strengthen the integration of cultural rights into sustainable development policies across all Goals; and also, because it acknowledges both individual and collective cultural rights. 18. The Declaration has opened up strategic areas of policy engagement for the future, including in terms of cultural rights. The States’ commitment in the Mondiacult Declaration to support inclusive access to culture and participation in cultural life, strengthen the economic rights of artists, protect and promote artistic freedom, protect diversity, implement legal and policy frameworks, and expand efforts to promote the protection, return and restitution of cultural property, are all encouraging signs. In the structure of UNESCO, where civil society has more limited involvement than in the United Nations human rights system, States need to be committed to including the implementation of cultural rights in the work of UNESCO. Now is the time for specific actions towards achieving such commitments. 15 19. The close collaboration between UNESCO and the Special Rapporteur could be used as part of efforts to interpret UNESCO conventions in a manner that is consistent with all aspects of cultural rights. C. World Intellectual Property Organization 20. The mandate of the World Intellectual Property Organization (WIPO) is to enable all countries to use intellectual property for economic, social and cultural development. Its work is closely linked with cultural rights, as it focuses both on protecting the rights of the authors, creators and inventors to their cultural and scientific productions, and on increasing fair, inclusive and effective access to these resources and knowledge for all. 16 The work of WIPO includes: (a) the preservation and safeguarding of cultural heritage; (b) the promotion of cultural diversity; (c) respect for cultural rights; and (d) the promotion of creativity and innovation as ingredients of sustainable economic development. 17 Through the Traditional Knowledge Division, WIPO also focuses on the protection of traditional cultural expressions and expressions of folklore. 18 21. The work of WIPO is consistent with cultural rights as it recognizes that the protection of traditional cultural expressions does not fit a one -size-fits-all approach and that States should provide different options, including the adaptation of existing international property systems to include Indigenous cultures, the establishment of sui generis intellectual property systems and solutions beyond intellectual prope rty law such as cultural heritage preservation laws, customary and Indigenous laws, trade policies and the use of contracts. 19 __________________ 15 16 17 18 19 8/24 See UNESCO, Executive Board decision 216 EX/11 for the action points of UNESCO. For more on this analysis, see the dedicated thematic work of the specia l procedures mandate holder on the impact of intellectual property regimes on the right to science and culture, available at www.ohchr.org/en/special-procedures/sr-cultural-rights/impact-intellectual-propertyregimes-enjoyment-right-science-and-culture. For an example of negative impact due to sanctions, see the contribution of the Organization for Defending Victims of Violence. World Intellectual Property Organization (WIPO), Consolidated Analysis of the Legal Protection of Traditional Cultural Expressions/Expressions of Folklore (2003), p. 9. The terms “traditional cultural expressions” and “expressi ons of folklore” are used interchangeably by WIPO. For an overview of the work of WIPO on these matters, see Silke von Lewinski, “Genetic resources, traditional knowledge and traditional cultural expressions”, in Research Handbook on the World Intellectual Property Organization: The First 50 Years and Beyond, Sam Ricketson, ed. (Cheltenham, United Kingdom, Edward Elgar, 2020), p. 243. WIPO, Intellectual Property and Traditional Cultural Expressions/Folklore (Geneva, 2005), p. 15. 23-14310

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