A/HRC/16/37
E.
Conclusion
65.
The independent expert in the field of cultural rights, Farida Shaheed, made
some concluding remarks on the basis of the discussions that had taken during the
workshop. She identified some of the basic agreements in the various presentations:
(a)
All cultures shared a common set of values that belonged to humankind
in its entirety, and those values had made an important contribution to the
development of human rights norms and standards;
(b)
Such values were inscribed in the Universal Declaration of Human
Rights that, having incorporated diverse, cultural and political traditions and
perspectives and having been adopted by consensus, “represents a common standard
of achievement for all peoples and all nations”;
(c)
Each and every person, regardless of socio-economic, cultural and
personal identity, belief system, political view or physical location was entitled to all
the rights and freedoms recognized in the Universal Declaration of Human Rights;
(d)
All human rights were universal, indivisible, interrelated,
interdependent and mutually reinforcing and must be treated in a fair and equal
manner and on the same footing;
(e)
Under international law, all States, regardless of their political, economic
and cultural systems, had the obligation to promote and protect all human rights and
fundamental freedoms for all.
66.
Even if there was agreement on the universality of human rights, discussions on
traditional values tended to focus on how the universality of rights was translated into
reality. All human thinking and reasoning was rooted in people’s cultural perspectives
and understandings, including the traditions of elaborating the contents of human
rights. Therefore, to breathe life into international human rights standards, there
must be ownership of these norms and standards among all communities of the world.
This implied an acceptance and assimilation of concepts through local lexicons.
Equally, however, the continuing development of universal human rights standards
was only possible if this was informed by the cultural diversity of the world’s peoples.
The interplay between universal standards and understanding and diverse localized
realities raised a series of questions that had to be considered. To what extent were
cultural notions and value systems in accordance with international human rights?
Did international human rights reflect the cultural diversity of the world’s people?
And if not, how were we to achieve harmony and a common understanding and
therefore, make human rights a living reality? To what extent was it possible to
distinguish between traditional values and traditional practices, which are the
external, visible manifestations of such values? Was there a common understanding of
what, in practical terms, constituted “traditional values”? Who was or should be
responsible for defining the parameters and contents of “traditional values”?
67.
It was essential to unpack the terms “tradition” and “traditional”, because of
the emotive quality and resonance tradition had with cultural identity and the sense of
self. Communities had divergent traditions that reflected different values within
themselves, by reflecting the views of the majority and/or power-holders on the one
hand, and those of the more marginalized, including minorities, on the other.
Traditions constantly changed and evolved over time in response to changing realities
and as a consequence of interactions and interchanges with other communities.
Cultural notions and value systems drew upon both continuity with the past and a
projected, imagined future.
15
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