A/76/178 playing field. Racism and inequality shape the ways in which people imagine others. Yet, it is difficult to see how creating gated cultures helps promote social justice. ” 59 45. The misuse of concerns about cultural appropriation to punish legitimate cultural borrowing and mixing has given rise to a discourse purportedly in the name of cultural rights that actually at times undermines the exercise of those rights. Much human invention, creativity and scientific achievement has resulted from genuine cultural borrowing and sharing. Unfortunately, that fact has regularly been overlooked, or in the process the contributions of some have either been ignored, or others have taken credit for them or even patented them, so as to constitute appropriation. As experts note, cultural borrowing in a positive sense requires acknowledgement of past cultural harms, the guarantee of current cultural rights and a cultural pluralism that allows for fair exchange. The multiple layers must be carefully considered. 46. There are real issues of economic exploitation of aspects of cultures, not by individual artists or people seeking to engage with or enjoy such cultures who have a human right to do so, but by global culture industries and other profit -making enterprises that may commodify mixing. The reality of the expropriation and extraction of cultural practices and expressions of minority, indigenous and other subaltern cultures for the profit of such industries, and the capitalizing on the traditions and practices of others without remunerating them, without cultural recognition or agreements, or without contextualizing the cultures involved, is of genuine concern. The material aspect receives a limited amount of attention and must be addressed, including by protecting the collectively practiced traditions and cultures of minority and indigenous populations from proprietary usage by others without respect for their cultural and economic rights, and without their free, prior and informed consent, where relevant. 60 However, there may also be less legitimate opposition to the use of symbols by others, which may restrict freedom of expression in accordance with international standards, such as in the name of “blasphemy”. 47. Weaving the disparate strands together, it is clear that the concept of cultural appropriation needs to be applied carefully, taking into account the positive nature of genuine cultural mixing, which is itself a human right, the negative impact of actual cultural exploitation on human rights, the cultural rights and o ther international human rights of everyone without discrimination and the histories of subjugation – including through the theft of cultural resources – experienced by some groups. In some limited circumstances “cultural appropriation” may be a tool for l imiting the use of cultural resources and protecting intellectual property rights, but it should primarily be a concept that facilitates open debate about cultural rights, rather than shaming those genuinely engaging in personal not-for-profit cultural voyaging or experimentation. 48. Full application should be made of the Guiding Principles on Business and Human Rights where relevant, including by understanding that the obligation that business enterprises should respect human rights, avoid infringing on t he human rights of others and address adverse human rights impacts with which they are involved, should be clearly understood to include cultural rights, in accordance with international standards. 61 The human rights due diligence required must include an assessment of cultural rights impacts. The first Special Rapporteur in the field of cultural rights expressed concern over “the practice of misappropriation of indigenous __________________ 59 60 61 21-10019 Kenan Malik, “In Defense of Cultural Appropriation”, New York Times, 14 June 2017. Available at www.nytimes.com/2017/06/14/opinion/in-defense-of-cultural-appropriation.html?action= click&module=RelatedLinks&pgtype=Article. United Nations Declaration on the Rights of Indigenous Peoples, arts. 10, 11, 19 and 28. See www.ohchr.org/Documents/Publications/GuidingPrinciplesBusinessHR_EN.pdf . 13/22