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

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