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.
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