A/HRC/17/38
Safeguarding or Representative List of the Intangible Cultural Heritage of Humanity, and
for including programmes, projects or activities on the Register of Best Practices. 22
26.
The obligation to include cultural heritage in educational programmes and to raise
awareness on the existence and value of cultural heritage is also included in UNESCO
instruments. For example, according to article 27(1) of the Convention concerning the
Protection of the World Cultural and Natural Heritage, States “shall endeavour by all
appropriate means, and in particular by educational and information programmes, to
strengthen appreciation and respect by their peoples of the cultural and natural heritage
defined in articles 1 and 2”. The Convention for the Safeguarding of the Intangible Cultural
Heritage more specifically holds that States should “(a) ensure recognition of, respect for,
and enhancement of the intangible cultural heritage in society, in particular through: (i)
educational, awareness-raising and information programmes, aimed at the general public, in
particular young people; (ii) specific educational and training programmes within the
communities and groups concerned…”.23
27.
Reference must also be made to instruments addressing the impact of globalization
and free trade on the diversity of cultural expressions through which cultural heritage is
expressed, augmented, and transmitted. In particular, the 2001 Universal Declaration on
Cultural Diversity stresses “the specificity of cultural goods and services which, as vectors
of identity, values and meaning, must not be treated as mere commodities or consumer
goods,”24 and that “while ensuring the free circulation of ideas and works, cultural policies
must create conditions conducive to the production and dissemination of diversified cultural
goods and services through cultural industries that have the means to assert themselves at
the local and global level.”25 This is echoed by the Convention on the Protection and
Promotion of the Diversity of Cultural Expressions (2005), which lays down a “principle of
equitable access” according to which “equitable access to a rich and diversified range of
cultural expressions from all over the world and access of cultures to the means of
expression and dissemination constitute important elements for enhancing cultural diversity
and encouraging mutual understanding.”26 The Convention on the Protection of Underwater
Cultural Heritage specifically forbids trade in such heritage.27
B.
Convention on Biological Diversity
28.
Under article 8 (j) of the Convention on Biological Diversity, States shall “respect,
preserve and maintain knowledge, innovations and practices of indigenous and local
communities embodying traditional lifestyles relevant for the conservation and sustainable
use of biological diversity and promote their wider application with the approval and
involvement of the holders of such knowledge, innovations and practices and encourage the
equitable sharing of the benefits arising from the utilization of such knowledge, innovations
and practices”.
22
23
24
25
26
27
Operational Directives, dirs. 1, 2 and 7. See also dir. 101.
Convention for the Safeguarding of the Intangible Cultural Heritage, art. 14.
Universal Declaration on Cultural Diversity, article 8.
Ibid., art. 9. See also art. 11.
Convention on the Protection and Promotion of the Diversity of Cultural Expressions, art. 2.7.
Convention on the Protection of Underwater Cultural Heritage, Annex, Rules concerning activities
directed at underwater cultural heritage, rule 2.
9