A/HRC/10/60
page 14
IV. CONCLUSIONS
44. The wide variety of different approaches contained in the responses received only
allowed to draw some very general conclusions. Fifteen out of the seventeen responses
received supported the establishment of an independent expert in the field of cultural
rights and cultural diversity. Two contributions considered that there was no need for a
new special procedures mandate in this area. Submissions that favoured the establishment
of an independent expert mechanism generally shared the opinion that it would enhance
the understanding and protection of cultural rights, as well as help bridge a protection gap
suffered by cultural rights. Those opposing the creation of a new mandate argued that
existing norms and mechanisms within the United Nations system adequately addressed
cultural rights or that cultural rights should be further mainstreamed and strengthened
within existing human rights mechanisms.
45. Several submissions shared the view that the mandate of an independent expert
should include the capacity to assist in the implementation of cultural rights, by reviewing
or assessing legislation, projects, policies and other measures taken to realize these rights.
Some submissions suggested that an independent expert mechanism should be enabled to
conduct studies about existing measures adopted to promote and protect cultural rights,
respect for cultural diversity and the preservation of cultural heritage.
46. Some contributions noted that the mandate of an independent expert mechanism
should also focus on the enjoyment of cultural rights by indigenous groups and ethnic,
religious and national minorities, as well as by women and persons with disabilities.
47. The international dimensions of cultural rights were also raised by several
contributors as meriting attention, including international respect for cultural diversity,
cooperation in the area of access to new information and communication technologies and
the repatriation of cultural heritage. Others, however, emphasized that a new mandate on
cultural rights should not be an excuse to weaken human rights obligations in the name of
cultural diversity. Some responses noted the relations between culture, development,
growth and employment to be addressed by an independent expert.
48. Several submissions emphasized that an independent expert should coordinate closely
and cooperate with UNESCO, other relevant international organizations and bodies, treaty
bodies, special procedures mandates, non-governmental organizations, civil society groups
and institutions working in the field of cultural rights and cultural diversity. Others,
however, felt that an independent expert would duplicate existing activities and mandates
in the field of cultural rights.
49. Other more specific issues were also raised in various submissions. In some cases,
some of the issues were only raised in some of the submissions, and in other cases opposing
viewpoints were expressed on the same issue. For example, whilst some submissions
underscored that an independent expert should explore different dimensions of cultural
diversity, one of the replies clearly opposed the inclusion of cultural diversity in such a
mandate.
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