A/HRC/61/49/Add.1
opposition to the models set out, is based on a biased attitude towards ethnic groups and
promotes conformity to prescribed models. People are requested to move on, without any
possible discussion.
26.
Such a notion of “culture” differs from that set out by the Committee on Economic,
Social and Cultural Rights in paragraph 13 of its general comment No. 21 (2009). The
Committee considers that culture encompasses, inter alia, ways of life and a wide array of
human expressions, such as language, oral and written literature, music and song, non-verbal
communication, religion or belief systems, rites and ceremonies, sport and games, methods
of production or technology, natural and human-made environments, food, clothing and
shelter and the arts, customs and traditions through which individuals, groups of individuals
and communities express their humanity and the meaning they give to their existence, and
build their world view representing their encounter with the external forces affecting their
lives. Culture shapes and mirrors the values of well-being and the economic, social and
political life of individuals, groups and communities. It comes from the bottom up – the
expressions of individuals and groups through which they express and live their world views
– rather than from a top-down approach – designating which cultural practices are to be
promoted or discarded to ensure development and reduce poverty, for example.
27.
Therefore, cultural rights must be understood as protecting the development and
expression of cultural identities – individual and collective – as decided by individuals and
groups themselves. At their core, cultural rights empower individuals and groups to express
their humanity and world views and the meanings they attribute to their existence and
development through various forms of expression. They also encompass the rights to access
and participate in heritage and resources that facilitate the processes of identification and
development. Therefore, cultural rights go beyond protecting cultural heritage, traditions,
festivities and the arts. They are about valuing diversity in all its forms and all its expressions;
they are about both access and participation.
28.
Of course, cultural rights are not absolute. They can be subject – only – to such
limitations as are determined by law insofar as this may be compatible with the nature of
those rights, and solely for the purpose of promoting the general welfare in a democratic
society, as stipulated in article 4 of the International Covenant on Economic, Social and
Cultural Rights and as further explained in general comment No. 21 (2009) of the Committee
on Economic, Social and Cultural Rights. In the Lao People’s Democratic Republic, as in all
societies, some cultural practices need to be restricted or prohibited. For example, the
Government has an enormous task regarding combating child marriage, an issue in
communities throughout the country.
29.
The Special Rapporteur appreciates the authorities’ assurances that, in general, they
encourage and promote rather than prohibit specific cultural practices. For example, and
importantly, although people are encouraged to go to health centres to access natal care and
undergo vaccination, public authorities mentioned that some traditional healing practices are
also supported. However, the Special Rapporteur stresses that decisions as to which practices
are supported and which are not should be informed by a participatory process without
prejudice against specific communities.
30.
The State’s proclamation that it protects the cultural traditions of the various ethnic
groups should be assessed against the policy to protect and promote “good culture”, which,
combined with prejudice against groups considered as “backwards”, leads to the assimilation
of ethnic groups according to a model largely based on the Lao-Tai group. For example, the
Special Rapporteur received many testimonies, including from officials, that a number of
cultural practices and traditional food production systems, particularly of mountain peoples,
are considered as obstacles to development. These practices, together with the many
Indigenous livelihood systems tied to lands, forests and rivers, are seriously jeopardized by
national policies based on natural resource exploitation, the construction of numerous dams
and the desire to ensure the fast modernization of the country.
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