A/HRC/14/36 on Cultural Diversity affirms in article 3 that “cultural diversity widens the range of options open to everyone; it is one of the roots of development, understood not simply in terms of economic growth, but also as a means to achieve a more satisfactory intellectual, emotional, moral and spiritual existence”.46 UNDP has echoed this statement, stressing that “human development requires more than health, education, a decent standard of living and political freedom. People’s cultural identities must be recognized and accommodated by the State, and people must be free to express these identities without being discriminated against in other aspects of their lives. In short: cultural liberty is a human right and an important aspect of human development – and thus worthy of State action and attention”.47 In the same spirit, UNESCO pleads for a cultural approach to development, explaining that recognition of the cultural specificity of lifestyles, modes of production and forms of governance is necessary for the viability of any sustainable development project, and that acknowledgement of the cultural factor adds a crucial dimension to projects in terms of relevance and appropriation. It also warns that applying the term “development” in crosscultural context can be problematic.48 In other words, who can be considered as developed, and from whose point of view? 50. The independent expert believes that these important elements should be kept in mind, together with the Declaration on the Right to Development, in which it is recognized that development is a comprehensive economic, social, cultural and political process, which aims at the constant improvement of the well-being of the entire population and of all individuals on the basis of their active, free and meaningful participation in development and in the fair distribution of benefits resulting therefrom.49 1. Ensuring cultural rights in globalization and development processes 51. The independent expert proposes to address the issue of globalization and development processes and their impact on the capacity of States to create the conditions favourable to the implementation of cultural rights, in consultation with all relevant actors, including the corporate sector. 52. From a cultural rights perspective, a set of issues arises in this context. The independent expert will pay particular attention to, inter alia, the protection of cultural freedoms (expression, information, creativity, scientific research, participation and intercultural exchange, regardless of frontiers); the creation and preservation of open space necessary for the exercise of those freedoms; measures to ensure the right to benefit from scientific progress and to access cultural heritage and knowledge; measures to enable individuals and groups to address and manage cultural changes in a participatory way, including when exploitation of economic resources has a detrimental effect on the pursuit of cultural practices or of a specific way of life; and measures to enable individuals and groups to safeguard, develop and transmit their cultural heritage. The independent expert also wishes to explore the impact of poverty on the enjoyment of cultural rights and the extent to which the non-fulfilment of cultural rights may contribute to keeping people locked into poverty. 46 47 48 49 GE.10-12440 Development”, July 1996, Paris, available from http://unesdoc.unesco.org/images/0010/001055/ 105586Eb.pdf). See also Convention on the Protection and Promotion of the Diversity of Cultural Expressions, art. 2, sect. 6: “Cultural diversity is a rich asset for individuals and societies. The protection, promotion and maintenance of cultural diversity are an essential requirement for sustainable development for the benefit of present and future generations.” UNDP, Human Development Report 2004, p. 6. See UNESCO World Report 2009, pp. 191–195. Preamble, second paragraph. 17

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