A/HRC/10/60 page 12 III. RESPONSES FROM INTERGOVERNMENTAL AND NON-GOVERNMENTAL ORGANIZATIONS 36. The submission by UNESCO explains its understanding of the notion of culture and of the challenges of cultural diversity. It includes several annexes listing relevant UNESCO bibliography and key international standard-setting instruments and recommendations in the field of culture, and highlighting the existence of UNESCO Procedure 104, which allows for the reception of complaints on alleged violations of human rights related to its competence, including cultural rights. 37. Regarding the mandate of the independent expert, the submission suggests a number of topics that could be addressed in the mandate. One is the need to clarify the dual challenges of cultural diversity: on the one hand, to defend the creative diversity as each culture takes shape in its heritage or regenerates itself in creation and cultural expressions; and on the other hand, ensuring a harmonious coexistence and a readiness to live together in peace for individuals and groups who come from a variety of cultural horizons yet share the same living space. Other topics that, according to UNESCO, the independent expert could look upon are the body of relevant standard-setting instruments developed by UNESCO; intercultural dialogue as a key dimension in facilitating mutual appreciation and understanding of cultural differences; the potential tensions between the universality of human rights and the diversity of cultural practices and beliefs, in particular regarding gender equality, rights of minority groups and indigenous peoples, and linguistic diversity as a fundamental component of cultural rights. Finally, the submission suggests that a mechanism could be established for the independent expert to forward communications alleging violations of cultural rights to UNESCO, as a way to coordinate the expert’s work with UNESCO Procedure 104. [Original: English] [22 December 2008] 38. The Observatory of Cultural Diversity and Cultural Rights, based at the Interdisciplinary Institute for Ethics and Human Rights, at the University of Fribourg, Switzerland, is a network including researchers, institutions and non-governmental organizations. Their submission addressed four main points: the need to clarify the definition and content of cultural rights, the opportunity for this clarification, and the content and scope of the mandate of an independent expert on cultural rights. 39. The submission maintained that the need for clarification of the definition, nature and consequences of violations of cultural rights, would prevent the mandate from being employed in favour of cultural relativism, or as a pretext for turning communities or peoples against each other. The contribution underscored that an independent expert should make clear that cultural rights were to be understood in a universal manner, and not linked solely with minorities or indigenous peoples’ rights. The submission also pointed to the need to clarify the links of cultural diversity and human rights, and the cultural content of other human rights. 40. The contribution noted that cultural rights had not been granted the attention they deserved in the international sphere. While it was recognized that different treaty bodies had some competence on the matter, their actual practice had relegated cultural rights to a minor issue,