A/HRC/58/60/Add.1
obligation to consider its analysis. In discussions with the Special Rapporteur, officials of the
Institute admitted that there was a knowledge gap with respect to cultural rights. They were
working to fill that gap and would take advantage of the visit of the Special Rapporteur to
advance that work.
C.
System of cultural governance
23.
Chile is party to seven of the main UNESCO treaties concerning heritage and has
seven properties and three living practices inscribed on the World Heritage List and the
Representative List of the Intangible Cultural Heritage of Humanity, respectively. UNESCO
has a regional presence in Chile and conducts various programmes jointly with the
Government, including on the promotion of the Mapuche language and related teachers’
training, and on cultural workers.
24.
The National Commission for UNESCO was created in 1980 under the responsibility
of the Ministry of Education. It is tasked with national coordination of all work on the
UNESCO conventions and has established, to that end, intersectoral round tables with all
ministries. At the time of the visit, only two representatives of ministries were involved in its
work, and it had no full-time employee. It therefore had no independence from the
Government and was not equipped to fulfil its coordination and monitoring work.
25.
In 2017, the Ministry of Cultures, Arts and Heritage was created (Law 21.045), with
a broad and holistic vision of culture that aligns in many ways with cultural rights. 4 It
benefited from prior consultations with Indigenous Peoples, who insisted on pluralizing the
concept of “culture”. The law was amended twice in 2019 to create a National Council for
Scenic Arts (Law 21.175) and to provide for the digital transformation of the Ministry (Law
21.180). The Ministry has representations in all regions of the country, but most of the
decision-making power is centralized. The coronavirus disease (COVID-19) pandemic and
the related cuts in funding had an impact on the first years of operation of the Ministry. At
the time of the visit, the Ministry employed about 3,000 persons across the country, but
benefited from only 0.44 per cent of the national budget.
26.
The National Council for Cultures, the Arts and Heritage is composed of
representatives from ministries, academia, applied arts and crafts, Indigenous Peoples and
migrants. The National Monuments Council is in charge of the recognition (listing),
protection and conservation of expressions of heritage. There are approximately 75 theatres
in the country, and the Ministry of Cultures, Arts and Heritage has increased the number of
cultural centres over the past few years. A policy of developing “points of culture” across the
territory was slowly being implemented, an approach the Special Rapporteur supports.
27.
At the time of the visit, the country did not have a policy on the creative economy or
a baseline for cultural work, but certain processes were under way. In 2021, the Ministry
engaged in the creation of a registry of national actors in the field of culture and heritage in
order to map the territorial resources and stakeholders and to better understand the needs. In
2022, it adopted a “decent cultural work agenda”, under which a series of social dialogues
was organized with the technical support of UNESCO and ILO. In March 2024, the
Government adopted decree No. 11, creating an interministerial committee to work on the
status of cultural workers (Comité Interministerial para un Estatuto del Trabajo Cultural). To
accompany this process, the Ministry of Cultures, Arts and Heritage engaged in a process
supported by the UNESCO-Aschberg Programme for Artists and Cultural Professionals. The
Special Rapporteur commends the Ministry on this process and is looking forward to hearing
more about the work of the committee to better define and protect the status of cultural
workers.
28.
The Ministry has a national Subdirectorate for Indigenous Peoples, which include
Afro-Chileans, tasked with revitalizing cultures, fostering the transmission of languages and
4
6
Available at www.bcn.cl/leychile/navegar?idNorma=1110097&idParte=9845581&idVersion=201711-03 (in Spanish).
GE.25-01340