A/HRC/58/60/Add.1
B.
Recommendations
98.
To improve the legal protection of everyone’s cultural rights, the Government
should:
(a)
Adopt a law protecting cultural rights, as they are currently broadly
understood, for all, irrespective of their status or any other characteristic;
(b)
Provide systematic training across all of its bodies and institutions on
cultural rights and on the standards of participation;
(c)
Establish a bottom-up and inclusive approach in the culture of civil
service, where real dialogue takes place on ways forward with diverse individual and
collective voices;
(d)
Institutionalize a channel for recommendations from human rights bodies
to reach the parliament for legal consideration and implementation;
(e)
Ensure the justiciability of cultural rights before courts;
(f)
Ratify, as soon as possible, the Optional Protocol to the International
Covenant on Economic, Social and Cultural Rights;
(g)
Make training on gender equality and non-discrimination based on origin,
sexual orientation and gender identity and status compulsory for all civil servants
including the judiciary;
(h)
Complete the recognition of all Indigenous Peoples and tribal
communities and ensure their equal protection before the law as soon as possible;
increase the resources allocated to the Subdirectorate for Indigenous Peoples so that it
may include all of them in its consultative and participatory initiatives;
(i)
Implement free, prior and informed consent for Indigenous Peoples in all
matters that affect their cultures and lands, as stipulated in the United Nations
Declaration on the Rights of Indigenous Peoples.
99.
To improve understanding of the full scope of cultural rights, the Government
should:
(a)
Strengthen the National Commission for UNESCO so that it has the
capacity to fulfil its functions;
(b)
In the reform of the Law on Heritage, review the approach to heritage to
foster a holistic view of it that incorporates tangible, living and natural heritage;
(c)
Reconsider the national heritage list with a view to making it more holistic,
afford protection to all heritage sites and practices that have value and meaning for
persons living in Chile, irrespective of their status, and ensure that heritage policies
fully take on board the views and decisions of the persons and communities who are
connected to the heritage resources;
(d)
Halt any projects and construction in cultural, religious and meaningful
sites that have begun without the appropriate consultation and/or free, prior and
informed consent of the persons whose heritage is at stake, with a view to addressing
tensions and finding adequate solutions;
(e)
Increase the funding of the Unit on Culture, Memory and Human Rights
so that it may fulfil its tasks of fostering interculturality and preserving historical
memory;
(f)
Develop, together with all concerned stakeholders, a transversal and
sustainable policy on memory, including through education, memorials and museums;
(g)
Encourage and support various forms of financial support for artistic and
cultural work, to ensure increased accessibility and diversity in cultural programming;
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