A/HRC/49/54 presupposes respect for human rights, and the protection of cultural rights promotes respect for other human rights. 39. In all programmes promoting and protecting cultural rights, the voices of all are of paramount importance. The Special Rapporteur is committed to advocating for the right of vulnerable and marginalized individuals and communities to participate in all phases of, and to lead, programmes relating to cultural rights. It is disappointing that, in creating and delivering programmes aimed at limiting the spread of COVID-19, States did not engage with indigenous peoples on measures of shielding, a well-known and successful practice among indigenous peoples. The Special Rapporteur also looks forward to learning more about initiatives taken by marginalized people to advance cultural rights or to use cultural rights to empower themselves and others. 40. Cultural rights are also discussed by, and inform the work of, other international organizations. However, fragmentation among these different organizations continues to exist. Since the establishment of this mandate in 2009, UNESCO has been a natural partner of many aspects of the work. The first major avenue for cooperation relies on the principle of the mutual strengthening of cultural diversity and cultural rights, established in the Universal Declaration on Cultural Diversity (preamble and arts. 4–6) and strengthened and made more operational since 2015 through the monitoring framework for the implementation of the Convention on the Protection and Promotion of the Diversity of Cultural Expressions. There are 10 areas of focus to guide States parties to the Convention in their periodic implementation reports;41 2 areas – on gender equality and on artistic freedoms – were clearly drafted integrating the language and concepts of both human rights and cultural rights. UNESCO has collaborated with the Special Rapporteur on several aspects of the mandate and often contributes to expert meetings, round tables and conferences. However, there is a need for further collaboration in certain areas, including the participation of marginalized individuals in the conception and delivery of cultural programmes, the free, prior and informed consent of communities in determining world heritage sites, and discussions on reparations for and redress of historical and current violations. 41. Substantive collaboration is needed with the World Intellectual Property Organization (WIPO). When a previous mandate holder conducted her work on intellectual property regimes (2014–2015), not much had been done to include a human rights perspective in this area of law, or on the impact of these regimes on cultural rights. WIPO supported the work done under the mandate that led to the presentation of the reports on copyrights 42 and patent policies,43 and participated in expert consultations and in specific analysis. As the previous Special Rapporteur stated in the latter report, the right to the protection of moral and material interests cannot be used to defend patent laws that inadequately impact the rights to participate in cultural life, to enjoy the benefits of scientific progress and its applications, and to scientific freedoms, as well as the rights to food and health and the rights of indigenous peoples and local communities. Where patent rights and human rights are in conflict, human rights must prevail.44 Yet, WIPO still has not incorporated current standards on cultural rights into its work, and a follow-up to those reports is needed. 42. These regimes, international human rights law, international law in the cultural sector and intellectual property law must be in line with the ever-evolving standards of international law regarding cultural rights and cultural diversity. The Special Rapporteur also notes the need to look into the impact of development and financial organizations, including the World Bank and the International Monetary Fund, on cultural rights and diversity. The Environmental and Social Standards of the World Bank and their application (or lack thereof) have a direct impact on cultural rights. 43. Notwithstanding all of these entities, the Special Rapporteur is particularly eager to open dialogues with States and provide them with technical cooperation. The standards and the nature of States’ obligations are at times difficult to grasp and the expertise and experience of the mandate holder in operationalizing such standards is vast. As the main protector of 41 42 43 44 See https://unesdoc.unesco.org/ark:/48223/pf0000380475. See A/HRC/28/57. See A/70/279 and A/70/279/Corr.1. Ibid. 11

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