A/HRC/40/53/Add.1 30. The Special Rapporteur heard concerns about the centralization, politicization and nationalization of culture – trends which put at risk cultural diversity and the enjoyment of cultural rights without discrimination. 31. She calls for greater resources to be given to the culture sector and cultural institutions, whose work is at the heart of guaranteeing cultural rights, harmony and inclusion. This must at a minimum comply with the recommendation of the United Nations Educational, Scientific and Cultural Organization (UNESCO) that 1 per cent of expenditures be devoted to culture. B. Unity in diversity 32. The Special Rapporteur understands that cultural governance in a society characterized by “super diversity” can be challenging and requires a thoughtful, contextualized approach. It also affords tremendous potential, and she was pleased to receive many testimonies about this open, cross-cultural, tolerant and inclusive culture. More must be done to preserve this in all parts of Malaysia. In both Sabah and Sarawak, the demographic balance is such that there is no overly dominant group. Accordingly, the necessity to respect the cultural expressions of all seems to be more naturally integrated in everyday life, yet this should not be taken for granted. 33. Both intergroup and intragroup diversity must be recognized and celebrated everywhere. While diversity between religions is recognized, intragroup/intrareligious diversity is insufficiently taken into account. For example, the Special Rapporteur was worried to hear reports about the inability of Malaysian Shia Muslims to worship freely, and the obstacles they face in carrying out rituals which are both cultural and religious. She was also told of the struggles of a variety of minority religious groups in conducting their religious practices, acquiring land and appropriate and convenient sites for their places of worship and cemeteries, and maintaining their cultural sites. 34. Diversity also exists within individuals. Intermarriages, successive and cumulative experiences, but also fusions and new developments in traditions, dialects and culinary and other practices to integrate a variety of influences have made a truly Malaysian blend that is unique, complex and rich, and to which rigid ethnic and religious categories, such as those stated on identity documents, do not do justice. 35. Efforts to build unity on a foundation of diversity are vital, and yet harmony cannot imply silence about issues deemed “sensitive”, a term that the Special Rapporteur heard repeatedly. The Government must take a clear stand to protect the legitimate exercise of all to freely take part in cultural life, including cultural practices of their choice. This is a precondition for cultural diversity to flourish. Incitement to hatred and violence in response to ideas and practices rejected by some must be challenged publicly and responded to effectively by the authorities in accordance with international standards. 7 36. Mutual understanding and respect can only be developed when people have opportunities to engage with one another and to dialogue and discuss freely. This does not have to result in homogeneity or conformity. Measures should be taken to create, support, develop and maintain spaces and opportunities for people from different backgrounds to engage meaningfully with one another, particularly at a young age, including by enhancing the use of multiple languages in schools. 37. The equation made in article 160 of the Constitution between Malay ethnicity and the Muslim religion is inaccurate, and does not represent the lived identity of all the persons concerned. The Special Rapporteur on freedom of religion or belief has warned against equating religion and ethnicity.8 Hence, the use of the term “race” in the Malaysian context interchangeably with religion or ethnicity is problematic and should be reconsidered. 7 8 A/67/357. A/HRC/25/58, A/HRC/28/66/Add.1 and A/HRC/22/51/Add.1. 7