A/HRC/10/60
page 13
dealing with them randomly and selectively. The submission underscored the clarity of
Human Rights Council Resolution 6/6, which placed cultural rights as the central subject, while
cultural diversity was an element in their exercise. Therefore, according to this contribution, it
was clear that cultural identities should be respected as long as they did not deny human rights.
41. Regarding the content of the mandate of an independent expert, it was felt that the
establishment of such a mechanism could offer a more precise and more coherent definition of
the content of cultural rights and of their protection. An independent expert should adopt a
transversal and global approach to cultural rights, employing as a source all pertinent human
rights instruments. This would be the first specific mechanism on cultural rights, allowing for
better dissemination and awareness-raising about their content, their status, the obstacles for their
application and the measures that should be adopted to ensure their implementation. Failures and
violations of cultural rights could also be more easily identified.
42. The joint contribution from non-governmental organizations proposed that the mandate of
an independent expert should include following objectives: contribute to the clarification of
cultural rights on the basis of existing legal instruments; report on the state of the respect for,
protection and fulfilment of cultural rights worldwide, and on the obstacles to their
implementation, taking into account the information and observations received from concerned
States, United Nations organizations, other international organizations, national human rights
institutions and non-governmental organizations; prepare, on the basis of information and
observations received, concrete recommendations regarding the promotion of the effective
enjoyment of cultural rights for all.
43. The submission also underscored that the establishment of an independent expert
mechanism would not duplicate the work of treaty bodies. Rather, it could offer inputs to treaty
bodies in a field which, up until the present, had scarcely been explored. Experience had shown
that it was not sufficient to rely on treaty bodies, which were already overburdened, to develop
the content of cultural rights. It was believed that an independent expert would not duplicate the
competences of the UNESCO mechanisms in the field of cultural rights. An independent expert
should develop a constructive and continuous dialogue and examine potential areas for
collaboration with specialized United Nations organs and institutions, and international
organizations competent in the field of cultural rights, such as UNESCO, as well as with other
organizations whose activities could have important indirect effects on the respect of cultural
rights. An independent expert mechanism should also collaborate with other special procedures,
by underscoring the importance of including the cultural dimension of every human right in their
reports and recommendations, and cooperate closely with those special procedures whose
mandates specifically comprise cultural right issues, including the possibility of undertaking
joint studies and making joint recommendations.
[Original: French]
[24 November 2008]
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