A/HRC/40/53/Add.1 Annex Report of the Special Rapporteur in the field of cultural rights on her visit to Malaysia I. Introduction 1. The Special Rapporteur in the field of cultural rights visited Malaysia from 11 to 22 September 2017. The Special Rapporteur would like to thank the Government of Malaysia for extending an invitation to her to visit this diverse and dynamic country. She notes that the Government changed subsequently and hopes that the new authorities will prioritize implementation of her recommendations. 2. The Special Rapporteur appreciated the care with which official meetings were prepared and the extensive documentation she received. She is particularly grateful to the relevant staff of the Ministry of Tourism and Culture 1 for their ongoing assistance and hospitality. She also extends her thanks to the Office of the United Nations Resident Coordinator. 3. She appreciated the opportunity to visit different areas of Malaysia, to meet with 62 government agencies and with the Minister of Tourism and Culture, and to have discussions with a wide array of civil society representatives and experts, including representatives of different minority groups, women human rights defenders, indigenous rights defenders, lesbian, gay, bisexual, transgender and intersex rights defenders, religious activists and other representatives of the country’s rich human rights movement. 4. The Special Rapporteur travelled to Kuala Lumpur, Kelantan and Sarawak, and met with a delegation from Sabah. She visited a multi-ethnic school, a Chinese museum and a gallery devoted to Wayang Kulit (shadow puppetry) and attended several cultural performances. She met with a wide array of persons, including lawyers, artists, museum professionals, writers, cartoonists, filmmakers, sociologists, puppeteers, specialists in interfaith and inter-ethnic dialogue, and academics. 5. The visit aimed to address the realization of the right of all people to take part in cultural life without discrimination, as guaranteed in article 27 of the Universal Declaration of Human Rights. The purpose of the cultural rights mandate is not to protect culture or cultural heritage per se, but rather the conditions allowing all people, without discrimination, to access, participate in and contribute to cultural life in a continuously developing manner. 6. As enshrined in the Vienna Declaration and Programme of Action adopted by the World Conference on Human Rights in 1993, while the significance of national and regional particularities and various historical, cultural and religious backgrounds must be borne in mind, it is the duty of States, regardless of their political, economic and cultural systems, to promote and protect all human rights and fundamental freedoms. 7. Cultural rights are not tantamount to cultural relativism. They are not an excuse for violations of other human rights. They do not justify discrimination or violence. They are not a licence to impose identities or practices on others or to exclude them from either in violation of international law. They are firmly embedded in the universal human rights framework. Hence, the implementation of human rights must take into consideration 1 2 The name of this ministry was changed on 2 July 2018 to the Ministry of Tourism, Arts and Culture Malaysia. Following the 2018 elections there may have been other administrative changes as well which are not reflected in the present report.