A/HRC/49/54
She looks forward to receiving examples of good practice of measures implemented by States
in this area, as well as measures that empower marginalized and vulnerable migrants to
develop their cultures. She would also like to learn more about debates on balancing different
rights relating to cultural rights of migrants and people on the move. She is looking forward
to engaging closely with the Office of the United Nations High Commissioner for Refugees,
the International Organization for Migration and the Special Rapporteur on the human rights
of migrants.
50.
Other themes that the Special Rapporteur would like to consider include the cultural
rights of persons with disabilities, the fragmentation in the international responses to cultural
rights and diversity, scientific and academic freedoms, and issues relating to restitution and
reparation.
51.
In addition to thematic reports, communications are important in promoting and
protecting cultural rights. The Special Rapporteur is grateful for the information received and
open to receiving more from civil society organizations and other stakeholders. The number
of communications sent to Governments and other actors about alleged violations of cultural
rights has progressively increased, illustrative of the broader understanding stakeholders have
acquired on cultural rights. To date, the Special Rapporteur has either joined or initiated 340
such communications.45 They raised concerns about a variety of issues: from the neglect of
ways of life and heritage resources to the imposition of a single narrative about the past, about
shared identity and about the way to act in society; from violations of the right to take part in
cultural life to the targeted harassment, arrest and killing of those who challenge cultural
norms; from violations of the right to access and enjoy the creativity of others and to benefit
from scientific progress and its applications to the censorship of artistic, academic and
scientific freedoms; and from a lack of respect for cultural diversity to the use of cultural
arguments to violate human rights. These communications addressed alleged violations in all
regions of the world; about two thirds of them sought clarification from Governments and
the remaining third reminded other stakeholders, including private companies, of their due
diligence obligation towards human rights. Ten communications raised issues about laws or
policies that were discussed publicly, providing a cultural rights analysis of the potential
effects of the law in question.
52.
An important part of the mandate consists in conducting country visits to learn from
best practices and assess challenges to the implementation of cultural rights and to report on
them, providing recommendations and advice for all relevant stakeholders. Fourteen such
visits have already been conducted. The reports and conclusions are available on the web
page for the mandate.46 The Special Rapporteur looks forward to being invited by States for
visits.
53.
To summarize, in her work, the Special Rapporteur will:
(a)
Seek dialogue and cooperation regarding the issues of the mandate;
(b)
Focus on follow-up mechanisms that are important to ensuring that all issues
are addressed;
(c)
Work on capacity-building within States so that they have the means to fully
implement their obligations regarding cultural rights;
(d)
Help to build resilience in local societies regarding violations and involve local
stakeholders in identifying the best ways to prevent violations from taking place;
(e)
45
46
Focus on vulnerable and marginalized sections of the population.
The full list of communications sent and the responses received can be found at
https://spcommreports.ohchr.org/TmSearch/Mandates?m=19.
See www.ohchr.org/EN/Issues/CulturalRights/Pages/CountryVisits.aspx.
13