A/HRC/58/60/Add.1
B.
Understanding the full scope of cultural rights
55.
The recent elaboration of the system of cultural governance in Chile meant that it
could benefit from the evolution of cultural rights understandings. In specific ways, it did so.
The Special Rapporteur appreciated the broad and holistic vision of culture at the core of the
creation of the new Ministry of Cultures, Arts and Heritage and the numerous bridges it had
built with other ministries to foster better integration of the cultural dimension in the other
policies of the State. But such promises and commitments have yet to be fulfilled. Insufficient
resources certainly played a part in this, but the development of a more participative approach
and an integrated understanding of the broad meaning of culture and cultural rights would be
a positive step forward.
56.
The work of the Ministry seems to have focused initially on improving access, rather
than the participation and contribution of all in cultural life. Unfortunately, views and
workstreams have remained fragmented, both within the Ministry and among the various
organs of Government, with programmes focused on specific issues and groups, weakening
the understanding of cultural rights. The Special Rapporteur was glad to hear of the recent
shift in the narrative of the Ministry, from a focus on “access to culture” to an objective of
democratizing culture, as the latter is much more in line with cultural rights.
1.
Protecting all forms of heritage
57.
The implementation of UNESCO conventions and the Chilean UNESCO heritage
sites should provide incentives to build citizenship and cultural dynamics. One positive
example is the designation in 2003 of Valparaíso as a world heritage site, which was seized
as an opportunity to establish a participative community development plan for the city that
contributes to building sustainable social dialogue, citizenship and peace. Through the world
heritage site plan, the authorities are tackling the deterioration of the port neighbourhood,
addressing homelessness and increasing cultural and sports offerings. 11 The Special
Rapporteur highlighted the gentrification risk often connected with revitalization initiatives,
which can empty the centre of its long-established inhabitants. She looks forward to learning
more about the integration of these efforts in sustainable municipal cultural policies in the
coming years. Rapa Nui was another positive example. The site, spreading over most of the
island, is under the responsibility of local leadership, which coordinates with multiple persons
and groups in the management and use of the site. Its oral tradition is also listed in the register
of intangible cultural heritage in Chile and is fully managed by the community. The Special
Rapporteur experienced first-hand the shared sense of community, care and pride of the
inhabitants of the island with respect to this heritage.
58.
The Special Rapporteur was concerned to hear, however, that there was no holistic
national heritage list that would include the heritage of all groups and communities and that
certain Indigenous Peoples had been reluctant to propose some of their heritage assets for the
national and UNESCO listings, for fear that they would lose their say over them. This
situation highlights the need to prioritize effective participation and, in the case of Indigenous
Peoples, build trust and provide guarantees about cultural sovereignty.
59.
Unfortunately, it seems that those fears are grounded. The Special Rapporteur was
told about several sites of cultural and spiritual significance that were currently under threat,
such as the Retxiküra ceremonial site, the natural sacred site of Ngen Mapu Kintuante, which
is threatened by the construction of a hydroelectric plant, and the spaces for religious practice
of the Mapuche community of Collipulli, which are being taken over by the construction of
a wind farm without the free, prior and informed consent of the Mapuche community. The
Special Rapporteur was also alarmed by the intimidation and arrest of some leaders of the
communities, who were defending their right to their heritage. The Government needs to
respect the cultural right to heritage as well as the need for the free, prior and informed
consent of Indigenous Peoples and local populations. The Government must also ensure
human rights due diligence and the accountability of the companies involved in development
11
GE.25-01340
See www.sfgp.gob.cl/publicaciones/informe-de-la-mision-de-asesoramiento-tecnico-de-la-unesco-alsitio-patrimonio (in Spanish).
11