A/HRC/61/49/Add.1
65.
These rights are enshrined in multiple instruments ratified by the Lao People’s
Democratic Republic, as interpreted by treaty bodies, including the International Covenant
on Economic, Social and Cultural Rights (arts. 13 and 15), the International Covenant on
Civil and Political Rights (art. 27) and the Convention on the Rights of the Child
(arts. 28–30), as well as in the United Nations Declaration on the Rights of Indigenous
Peoples and the Declaration on the Rights of Persons Belonging to National or Ethnic,
Religious and Linguistic Minorities. Minority-specific instruments aside, many general
human rights provisions, particularly articles 13 and 15 of the International Covenant on
Economic, Social and Cultural Rights and 28 and 29 of the Convention on the Rights of the
Child, apply to all persons irrespective of whether they belong to minority groups or
Indigenous Peoples and must therefore be implemented in the country.
4.
Impact of tourism
66.
The Special Rapporteur recognizes that some initiatives exist to save traditional
practices from being essentialized for tourism or from being lost. For example, she was
pleased to see the work done by the Traditional Arts and Ethnology Centre, which includes
community research, advocacy for intellectual property rights and heritage training. She
welcomes the Government’s measures to support efforts to protect against the
misappropriation of traditional weaving.
67.
However, the Government should pay attention to the impact of tourism on cultural
rights. The Special Rapporteur is concerned about cultural practices, such as music
performances or almsgiving ceremonies, that are gradually being turned into economic
products for mass tourism. The instrumentalization of cultural practices disconnects culture
from ways of life. The meanings and ownership of such practices are lost in the efforts to
satisfy the customer. Tourism must reflect respect not only for biodiversity but also for
cultural diversity, and measures must be put in place to ensure respect for both.
68.
Another issue of concern is the scant attention paid by the authorities to the
implications of the vocational and professional shift that is required from people as a result
of tourism projects. While understanding that communities are offered new opportunities to
enhance their livelihoods, the Special Rapporteur stresses the importance of ensuring: that
people understand the consequences these opportunities have, not only for their standards of
living but also for their ways of life; and that their free, prior and informed consent is sought.
5.
Assessing impact on continuously evolving cultural practices
69.
Everywhere, cultures are vivid and dynamic. They evolve over time and at different
paces, including from one generation to the next, in the light of, among other things, cultural
and scientific interactions between communities and across borders, new technologies and
new scientific knowledge in many aspects of life and work, and economic pressure and
people’s mobility.
70.
Development policies often accelerate those changes. Such policies should be
designed on the basis of prior and thorough cultural rights impact assessments, with those
affected participating in the analysis and decision-making. People must be allowed and
encouraged to genuinely reflect on what they are ready to lose or change, on what cultural
resources they can cultivate to face challenges and mitigate impact, on what support they
need to do so, and on the advantages and benefits they will receive.
71.
This is currently not the case in the country. Human rights impact assessments,
including cultural rights impact assessments, necessarily entail transparency of information;
participation in analyses and decision-making; discussion of the sharing of benefits, fair
compensation and remedial and accountability procedures; and a commitment to
non-discrimination, equality and cultural diversity, as well as to the principle of free, prior
and informed consent.
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