A/HRC/52/35
restricts their movements 19 and persons living in reception centres, access to cultural
activities can be very difficult. Undocumented migrants face the most limitations when it
comes to accessing cultural services and institutions, as many live in fear or in hiding, are
faced with language barriers and have mental health concerns.20
25.
Owing to the coronavirus disease (COVID-19) pandemic, many cultural spaces and
institutions stopped offering their services and many have not resumed. This needs to be
addressed on an urgent basis. In migrant reception centres, the pandemic saw further
restrictions on free movement, with residents able to leave only to visit doctors or lawyers,
or do grocery shopping.21
26.
Civil society organizations are doing a remarkable job in bringing cultural events to
reception centres, at times on a completely voluntary basis and despite facing the suspicion
and distrust of the system. Kakuma Sound, a Kenyan organization, brings traditional musical
instruments to the musicians and communities living in Kakuma refugee camp, which has
200,000 residents. Collaborating with the Office of the United Nations High Commissioner
for Refugees (UNHCR) and the United Nations Educational, Scientific and Cultural
Organization (UNESCO), Kakuma Sound has brought in hundreds of instruments from
people’s home countries and trainers to help instruct musicians and amateurs, especially
children, to learn and understand their traditional heritage.22 In Greece, the Network for the
Rights of the Child offers a travelling children’s library and other cultural activities for
migrant children.23
27.
Refugee camps can also be places of culture as places of personal history. Migrants
living in camps waiting for their status to be established also have the right to share their
history and experiences. The Palestinian Dheisheh refugee camp, for example, is located on
the main street of Bethlehem and is rich with stories narrated through its urban fabric.
Refugee Heritage is a project that traces, documents, reveals and represents refugee history
and initiated the nomination of the Dheisheh camp as a World Heritage Site. Over the course
of two years, organizations and individuals, politicians and conservation experts, activists,
governmental and non-governmental representatives and proximate residents have gathered
to discuss the implications of that nomination.24
28.
Notwithstanding the excellent job that civil society organizations do, it is the primary
responsibility of the State to ensure that access to and participation in cultural life are
guaranteed. As emanations of the State, decentralized authorities and local and municipal
actors, have a crucial role to play in implementing those rights for all.
V. Participation of migrants in decision-making on cultural
matters
29.
The participation of migrants in any programmes, discussions or measures that affect
them is an essential aspect of cultural rights. In its general comment No. 21 (2009), the
Committee on Economic, Social and Cultural Rights states that cultural rights include the
right to take part in the development of the community to which a person belongs and in the
definition, elaboration and implementation of policies and decisions that have an impact on
the exercise of a person’s cultural rights (para. 15 (c)). That right is not fully implemented.
The participation of migrants must start at the inception of any measure and not only include
them in the delivery. Any such measure must also be regularly evaluated by the migrants
themselves. Their effective participation ensures an inclusive society. At the 1995 World
Summit for Social Development, participants described inclusive society as “a society for all,
in which every individual, each with rights and responsibilities, has an active role to play”
and which should be based on the respect “for all human rights and fundamental freedoms,
19
20
21
22
23
24
GE.23-01011
See submission by the German Commission for UNESCO.
See submission by the ArtsConnect.
See submission by Red Noses Clowndoctors International.
See submission by Mark LeVine.
https://ddp.gr/en.
www.e-flux.com/architecture/refugee-heritage/.
7