A/HRC/52/35
rights to access their own cultural frameworks, as much as the cultural life of the host
State, without any discrimination, be it on purpose or in effect, in law or in practice. A
major principle in this respect is that of the effective participation of migrants in all
decisions relating to cultural rights and enhanced participation in all phases of
programmes and measures relating to their own cultural rights.
77.
The Special Rapporteur recommends that States review the following issues so
as to assess the level of implementation of the cultural rights of migrants in their
territories on a basis of substantive equality:
(a)
The ability of migrants to access their own cultural frameworks, as well
as that of others, through, in particular, their right to information, their access to
cultural institutions and the Internet, and their right to maintain and transmit their
chosen way of life;
(b)
Measures adopted to ensure that migrants participate in all aspects of the
cultural life of the host State and enjoy enhanced and effective participation in all
decision-making processes that have an impact on their cultural rights. Measures must
involve enhanced migrant participation in all phases of programmes aimed at the
implementation of their cultural rights, from inception to organization and delivery;
(c)
The existence and nurturing of common public spaces;
(d)
The resources, including financial support, given to persons and groups
with migration backgrounds in the fields of art, sport and science. For example, States
are encouraged to assess whether sufficient support is given to migrant-led initiatives
and projects, to events promoting migrants’ cultural activities and creative expressions,
and whether migrant cultural and artistic productions are well represented on radio,
television and in cultural events;
(e)
Migrants’ mobility, in particular to attend or participate in cultural
activities and the steps taken to facilitate their attendance and full participation in
cultural life;
(f)
The existence of any restrictions on cultural rights based on the legal
status of migrant artists. These must be eliminated.
78.
The Special Rapporteur recommends that States:
(a)
Review critically their legislation, including asylum legislation, and
policies, including cultural policies, to ensure that restrictions on migrants wishing to
undertake any form of art and self-expression, to organize and stage cultural events, to
carry out practices in private and in public and to disseminate their artistic and cultural
productions, are eliminated;
(b)
Review critically the representation of migrants and their communities in
the life of the State, including in the public media, museums and mainstream narratives,
and as mediators, educators or guides;
(c)
Adopt all measures, including positive measures, necessary to eliminate
negative stereotypes of migrants and their cultures among State officials, the media and
society in all fields and at all levels;
(d)
Consider developing or strengthening mechanisms that ensure rights in
situations of intersectional vulnerability in contexts of migration, such as gender
identity, women, youth and disability. Representation and the enhanced participation
of those sections of migrants in all decision-making bodies is important and must take
place according to the wishes and ways of those individuals and groups;
(e)
Offer the necessary tools for the revisability of cultural practices by
migrant and non-migrant communities in order to eradicate illiberal practices;
(f)
Review the representation of diversity in the staffing and decision-making
bodies of public institutions and services, with a view to evaluating the ability of persons
with migration backgrounds to access such positions on the basis of equality;
GE.23-01011
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