A/77/290
Goals, 95 whereas Mexico seeks to change the paradigm from people as recipients of
government actions to people as active generators and participants. 96
79. As stated by the Committee on Economic, Social and Cultural Rights, the right
of everyone, individually or in association with others or within a community or
group, to take part in cultural life, includes the obligation to take part freely in an
active and informed way, and without discrimination, in any important decision making process that may have an impact on one’s way of life and cultural rights. 97 At
a minimum, development that is respectful of rights requires meaningful consultation
with and full and effective participation of those likely to be affected in their way of
life and in their rights, including indigenous peoples, minorities, peasants, and women
and young people. Respecting consultation and participation rights helps to guarantee
that the cultural rights of all are respected in development processes but also creates
space for culturally informed development approaches.
80. Consultation and participation rights for minorities are further protected through
international human rights standards, such as the Declaration on the Rights of Persons
Belonging to National or Ethnic, Religious and Linguistic Minorities (arts. 2 and 4)
and the Council of Europe Framework Convention for the Protection of National
Minorities (art. 15). Core obligations under the right to take part in cultural life
include allowing and encouraging the participation of persons belonging to minority
groups, indigenous peoples or members of other communities in the design and
implementation of laws and policies that affect them. 98
81. In the context of indigenous peoples, States must work in good faith to obtain
their free, prior and informed consent before adopting or implementing any
development measure that may affect them. 99 As noted in a study of the Expert
Mechanism on the Rights of Indigenous Peoples, free, prior and informed consent is
grounded in the right to self-determination guaranteed by article 1 of the International
Covenant on Economic, Social and Cultural Rights and the International Covenant on
Civil and Political Rights and the right to be free from racial discrimination
guaranteed in the International Convention on the Elimination of All Forms of Racial
Discrimination (A/HRC/39/62). Free, prior and informed consent is now viewed as
the “gold standard” for indigenous peoples in the context of development, with
international financial institutions and national Governments obligating themselves
to comply.
82. The rights to consultation, participation and free, prior and informed consent are
keys to protecting the collective rights of indigenou s peoples and other groups and
are integral to the ability of all to safeguard their cultural rights and to engage in self determined development. Development agendas that are dictated by national
Governments and international bodies, which are not the bes t placed to identify
cultural rights risks and to mitigate the impact of development projects on those
rights, violate cultural rights. 100
83. However, ensuring real participation is currently a challenge. Stakeholders
criticize the top-down approach in implementing the 2030 Agenda, which often
becomes yet another technocratic narrative. 101 Performance is variable from country
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96
97
98
99
100
101
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Contribution of Cyprus, pp. 2 and 3.
Contribution of Mexico, p. 5.
General comment No. 21 (2009) on the right of everyone to take part in cultural life, para. 49 (e).
General comment No. 21 (2009), para. 55 (e).
United Nations Declaration on the Rights of Indigenous Peoples, ar t. 19.
See, for example, the opinion approved by the Committee on the Elimination of Racial
Discrimination under article 14 of the Convention concerning communication No. 54/2013
(CERD/C/102/D/54/2013), paras. 6.11–6.15.
Contributions of Estefania Rodero Sanz, p. 1, and the British Council, p. 1.
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