A/HRC/52/35
can be compromised by fears of experiencing hate crimes, stereotyping or discrimination
because of their status.
41.
Migrant artists have reported how they are always expected to focus in their work on
their suffering resulting from migration or on the reasons for migrating, which limits their
artistic freedom. Their participation in cultural events often feels like an expression of
tokenism, which hinders their work as true collaborators.34 In addition, migrant artists often
find themselves unable to vocalize criticism of the host State and society, as they are then
seen as ungrateful or disloyal.
42.
There are also barriers in terms of access to artistic training and professional
development, as educational qualifications from the countries of origin are often not
recognized. The professional development of refugee and migrant artists is also often very
difficult in host countries, as they lack the legal status or the specific background that some
universities require. Networks and knowledge of the funding structures in the respective
countries are essential in order to gain access to performance opportunities and transmit their
cultural expressions to a wide public.
43.
The need to communicate information relevant to the creation, production and
dissemination of cultural expressions is thus heightened when dealing with newly arrived
people. That information must not only be available and visible, but it must also make its
way to migrants in an appropriate format and language. Internet facilities are important for
migrants.35
44.
The participation of migrant artists and communities in discussions about ways
forward is of paramount importance. Securing the presence of migrants in the State’s
administration and in strategic positions in culture, their interaction with other artists within
the country and their visibility as artists in national cultural centres is important.
VII. Migrants’ right to have their own ways of life respected
45.
Cultural rights also protect the right of migrants to their own ways of life. In its general
comment No. 21 (2009) the Committee on Economic, Social and Cultural Rights noted that:
“States parties should pay particular attention to the protection of the cultural identities of
migrants, as well as their language, religion and folklore, and of their right to hold cultural,
artistic and intercultural events.” 36 States must ensure that the cultures of migrants are
maintained. Members of minorities within wider migrant or refugee groups are especially at
risk of completely losing their cultural bearings.37 Positive measures are essential to reverse
such risks to their identity.
46.
More generally, migrants often face the undermining of their cultural values, the
uncritical perception that their cultures of origins are of an inferior nature, and ultimately
their dehumanization. Cross-national studies have revealed that the experiences, education,
skills and political priorities of the local population are important characteristics that shape
their attitude towards migrants and their cultures.38 The State therefore has an important role
to play in changing negative attitudes through formal and informal education.
47.
In Europe, the Europeanization discourse of human rights maintains and increases the
artificial gap between “us, the Europeans”, who represent the noble values of human rights
34
35
36
37
38
10
Danilo Giglitto, Luigina Ciolfi and Wolfgang Bosswick, “Building a bridge: opportunities and
challenges for intangible cultural heritage at the intersection of institutions, civic society, and migrant
communities”.
See submission by Hong Kong Scots Community Interest Company.
Para. 34.
See Stephanie E. Berry and Isilay Taban, “The right of minority-refugees to preserve their cultural
identity: an intersectional analysis”, Netherlands Quarterly of Human Rights, vol. 39, No. 3 (2021).
See Lenka Dražanová and others, “Meta-analysis of micro and macro level factors affecting attitudes
to immigration” (2021).
GE.23-01011