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economic policy. These are widely considered to be inimical to social welfare and
investment in cultural policies. International financial and development institutions
are criticized for not giving any consideration to cultural rights in their sustainable
development projects, 81 an issue that the Special Rapporteur will address in her next
report to the General Assembly.
VI. Challenges and violations of cultural rights in the name
of development
A.
Land-grabbing, displacement and cultural heritage appropriation
and destruction
63. The Special Rapporteur is unfortunately used to receiving worrying reports on
development used for or resulting in the eradication of the cultural identify of local
populations, in particular through land-grabbing, forced displacement and
resettlement, and the destruction of cultural heritage. She and her predecessor in the
mandate have sent many communications in the past to States to address this issue. 82
64. Submissions received have also included allegations of such practices in Tibet,
for example, through the compulsory resettlement of nomad farmers and herders,
making them dependent on governmental support; the discrediting of the
community’s lifestyle, aspirations and beliefs and their knowledge of protecting
wildlife and nature; and the creation of parks and reserves that exclude human
activities and residence. 83
65. Many complaints relate to displacement and the grabbing of indigenous and
other peoples’ land. The Batwa, in Uganda, were reportedly evicted from their
ancestral forests owing to the creation of a national park – the Bwindi Impenetrable
National Park – in 1991, and they fell into poverty. Following the pursuit of target 8.9
of the Sustainable Development Goals, to promote sustainable tourism that creates
jobs and promotes local culture and products, the Batwa saw their culture reduced to
a tourist attraction. They now only experience their culture through its performance
for a foreign, tourist gaze, all in the name of profit. In addition, the Batwa are not
even benefiting from the programme funds. 84
66. Other examples of negative effects include land-clearing and the failure to
obtain the free, prior and informed consent of concerned communities. In South
Africa, it is alleged that a key “sustainable development” project focusing on energy,
metallurgy, manufacturing, agroprocessing and logistics violates local rights. 85 In the
United States of America, fossil fuel exploration and the construction of pipelines
have repetitively undermined the rights of local populations. 86 In Kenya, development
projects have reportedly led to the massive displacement of people without adequate
compensation or consultation. Projects have been insensitive to people’s grave sites
and have moved people without resettling them in a manner that would enable them
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82
83
84
85
86
22-12659
Contributions of the Grupo de Trabajo sobre Derechos Culturales, p. 4, and the British Institute
of International and Comparative Law, p. 1.
See communications JAL ATG 1/2021 and JAL BHS 1/2021; JAL BGD 6/2018; JAL BRA
2/2018; JAL CAN 2/2022; JAL CHN 16/2018; JAL CIV 1/2017; JAL GEO 1/2014; JUA ISR
7/2020; JAL LAO 1/2016; JAL TZA 3/2021; JUA PAK 1/2016; JAL TUR 5/2016 and JAL TUR
13/2018; JUA USA 14/2016 and JUA USA 7/2016; and JUA VNM 3/2014.
Contribution of the International Campaign for Tibet, p. 3.
Contribution of Land Body Ecologies, pp. 3 and 4.
Contribution of Natural Justice and Earthlife Africa.
See communications UA USA 14/2016, OL USA 7/2016 and AL USA 16/2020.
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