A/HRC/28/57/Add.1 accommodation patterns, or foreshortening their customs. Selling tickets for participation in cultural events also has an impact. 96. The Special Rapporteur notes that under Decision 39/2001/QD-BVHTT of the Minister of Culture and Information on the organization of festivals, no admission tickets to festivals may be sold, but tickets may be sold within the festival areas, if games, exhibitions and cultural shows are held, and prices must comply with the provisions of competent financial agencies. She is concerned, however, that the Khmer traditional Bay Nui bull race in some provinces of southern Viet Nam has reportedly been turned into a commercial event for which tickets are sold, and that, consequently, most of the local Khmer people can no longer afford to attend the race. The authorities should ensure compliance with the above-cited decision. In addition, reportedly, many aspects of the race have been changed: it has been shortened to make it television-friendly; the clothes of the racers and musicians display the names of sponsors; and most of the animals for the race have been crossbred to give them an edge.14 97. Another example relates to the Cong Chieng gongs that is played by many communities in the Central Highlands and officially recognized by UNESCO as intangible cultural heritage. The Cong Chieng is considered a sacred instrument that is used only on specific occasions. Today, in some places, it is played for tourists on demand and has lost its original cultural significance. The use of the gongs for commercial purposes has also created a situation in which people from outside the communities, such as government officials, influence the way the Cong Chieng is played. In addition, professional artists from outside the community play the instrument in ways that do not follow the tradition. 98. The challenges to the preservation of cultural heritage are numerous, as it is neither possible nor desirable to prevent the evolution of cultural practices that inevitably occurs over time. Innovation is an integral part of creativity and the freedom of individual artists to depart from tradition should be respected. However, the Special Rapporteur believes that the consent of communities should always be sought as to whether, how, when and where to perform and share aspects of their particular cultural heritage. IV. Conclusions and recommendations 99. Viet Nam stands at an important juncture. It has made remarkable progress towards achieving the Millennium Development Goals and realizing a range of economic, social and cultural rights. In particular, considerable efforts are under way to enlarge people’s access to education and culture, including in rural areas and remote regions. 100. The Government is eager to promote cultural heritage as a resource for development and poverty reduction, while simultaneously mitigating the possible negative impact of development and tourism policies on cultural heritage. More needs to be done in that area, however. In particular, it is crucial that the Government support cultural heritage as a living practice, which can only happen in an environment enabling the free development and expression of culture. 101. A major challenge for the Government is to replace its top-down approach in the field of culture, too frequently used to steer individual and collective behaviours in directions considered compatible with government policies and objectives. It is essential that sufficient space be provided for divergent viewpoints and debates, 14 See www.thanhniennews.com/society/vietnams-khmer-bull-race-losing-ethnic-flavor-934.html. 19

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