A/HRC/28/57/Add.1
or fishing. Forced evictions carried out in contradiction of international human rights
standards should cease. In that regard, the Special Rapporteur draws the attention of
the Government to article 11 of the International Covenant on Economic, Social and
Cultural Rights, general comment No. 7 (1997) of the Committee on Economic, Social
and Cultural Rights on forced evictions, and the guiding principles on security of
tenure for the urban poor suggested by the Special Rapporteur on adequate housing
(A/HRC/25/54, para. 5).
113. Measures are needed to ensure that the people whose cultural heritage is used
to promote tourism are empowered to manage such activities to their best advantage.
Innovative measures should be tested and implemented to ensure that local
communities have a significant share in the benefits generated by the tourism
industry. The Special Rapporteur also strongly recommends that the prior and
informed consent of the communities concerned be sought on whether, how, when and
where to perform and share aspects of their cultural heritage, including traditional
sports.
114. It is particularly important that the Government ensure that tourism does not
lead to the mere folklorization of the cultures of its peoples, which would be
tantamount to pigeon-holing communities according to the manifestation of their
culture. Enabling communities to freely develop their cultures, including outside of
touristic areas, is important. The Government should complement its support for
cultural performances and crafts for tourists with programmes developed in
cooperation with the communities concerned, including for continuing their cultural
practices, should this be their wish.
115. The terms “bad”, “outdated” or “depraved” practices should be clarified and
redefined as practices that contradict human rights or undermine human dignity.
Provisions such as article 22 of Law 28/2001 on Cultural Heritage should be amended
accordingly. The Special Rapporteur stresses that identifying exactly which cultural
practices should be considered as contrary to human rights is not a simple task. It
requires policies that unequivocally support an informed, open and participatory
debate within communities, which would enable such practices to be challenged from
within. It also requires an independent judiciary that is able to make decisions on the
basis of an explicitly human rights legal framework, taking into consideration
international human rights law and practice.
Languages and multicultural environment in schools
116. The Special Rapporteur welcomes achievements in the area of minority
languages education in Viet Nam but stresses that much still needs to be done. She
recommends that the Government continue to support the UNICEF pilot research
project promoting bilingual education for the Hmong, Jarai and Khmer communities,
and expand it into a national policy.
117. The Government should continue to support the development of minority
scripts, so as to ensure more effective participation of researchers and academics from
the communities concerned in the decision-making processes. It should address the
concerns expressed by many communities regarding their right to use their own
languages in naming their children, topographical sites and institutions.
118. The Special Rapporteur recommends that further steps be taken to ensure a
multicultural environment in schools, including boarding schools, and the
development of adequate teaching materials reflecting the diversity of the population,
22