11
Convention for the Safeguarding of the Intangible Cultural Heritage,, and more recently,
the 2005 Convention on the Protection and Promotion of the Diversity of Cultural
Expressions.
The 1972 UNESCO Convention warns in its preamble that the deterioration or
disappearance of any item of the cultural or natural heritage regrettably weakens the
cultural heritage of ‘all the nations of the world’, because that heritage is of the most
significant interest and needs to be preserved as a ‘part of the world heritage of
mankind as a whole’; and from there on to establish ‘an effective system of collective
protection of the cultural and natural heritage of outstanding universal value.’'41 The
2003 UNESCO Convention seeks the safeguard of the intangible cultural heritage (for
this it invokes the international instruments on human rights), and conceptualizes this
latter as ‘the practices, representations, expressions, knowledge, skills (...) that
communities, groups, and in some cases individuals, recognize as part of their cultural
heritage’42.
The recent 2005 UNESCO Convention was preceded by its 2001 Universal Declaration on
Cultural Diversity, which conceptualizes cultural diversity as the common heritage of
humanity, and it expresses its aspiration for greater solidarity on the basis of recognition
of cultural diversity, of the ‘awareness of the unity of humankind'43. After the 2001
Declaration, the 2005 Convention, which was adopted (10.20.2005) after debates in
depth44, reaffirmed the idea of cultural diversity as a common heritage of humanity,
explaining that "culture takes diverse forms across time and space" and this diversity is
incorporated `in the uniqueness and plurality of the identities and cultural expressions of
the peoples and societies making up humanity'45. The Convention added that cultural
diversity can only be protected and promoted through the safeguard of human rights46.
It is my understanding that the universal juridical conscience has evolved towards a
clear recognition of the relevance of cultural diversity for the universality of human
rights, and vice-versa. Additionally, it has evolved toward the humanization of
International Law, and the creation, at this beginning of the XXI century, of a new jus
gentium, a new International Law for humankind, and the aforementioned triad of
UNESCO Conventions (of 1972, 2003, and 2005) are in my view one of the many
contemporary manifestations of the human conscience to this effect."47 (paragraphs 2124).
33.
Even before the adoption of the last two Conventions of the above mentioned
triad, there was already an understanding at UNESCO that the affirmation and
preservation of cultural identity, including that of minorities, contributes to the
“liberation of peoples”:
"Cultural identity is a treasure which vitalizes mankind's possibilities for self-fulfillment
by encouraging every people and every group to seek nurture in the past, to welcome
41
.
Whereas clauses 1 and 5.
42
.
Preamble and Article 2(1).
43
.
Preamble and Article 1 of the 2001 Declaration.
44
.
Cf., for example, UNESCO/General Conference, document 33-C/23, of 08.04.2005, pages 1-16,
and Annexes; and cf. G. Gagné (ed.), La diversité culturelle: vers une Convention internationale
effective?, Montréal/Québec, Éd. Fides, 2005, pages 7-164.
45
.
Preamble, whereas clauses 1, 2 and 7 of the 2005 Convention.
46
.
Article 2(1) of the 2005 Convention. Cf., in general, for example, A.Ch. Kiss and A.A. Cançado
Trindade, "Two Major Challenges of Our Time: Human Rights and the Environment", in Human Rights,
Sustainable Development and Environment (Seminar of Brasilia of 1992, ed. A.A. Cançado Trindade), 2nd.
ed., Brasilia/San José de Costa Rica, IIDH/BID, 1995, pages 289-290; A.A. Cançado Trindade, Direitos
Humanos e Meio Ambiente: Paralelo dos Sistemas de Proteção Internacional, Porto Alegre/Brasil, S.A.
Fabris Ed., 1993, pages 282-283.
47
.
Cf. A.A. Cançado Trindade, "General Course on Public International Law - International Law for
Humankind: Towards a New Jus Gentium", Recueil des Cours de l'Académie de Droit International de la
Haye (2005), ch. XIII (in print).