NATIONAL AND INTERNATIONAL STAKEHOLDERS AND EXPERTS DEBATE WAYS TO PROTECT AND PROMOTE CULTURAL RIGHTS

The works of the two-day international colloquium organized by the Advisory Council on Human Rights (CCDH), in partnership with the Royal Institute of the Amazigh Culture (IRCAM), UNESCO Office in Rabat and the Observatory of Diversity and Cultural Rights (Fribourg University, Switzerland), ended on 28 January 2011.

This colloquium was organized in Rabat on 27-28, on the theme “Cultural rights between understandings and practices”. Participating in this meeting, Mr. Philippe Quéau, Director of UNESCO Office in Rabat, shed light on the philosophy of the UNESCO Universal Declaration on Cultural Diversity. The Declaration describes cultural diversity as a “common heritage of humanity” which “is as necessary for humankind as biodiversity is for nature”, he said.

Mr. Quéau stressed that the UNESCO Declaration rejects outright the theory of the inevitable clash of cultures and civilizations. He underlined the necessity to protect the rights to participate in cultural life and preserve the common fundamental values: justice, liberty and peace. He indicated that cultural diversity is a factor in development. “The defense of cultural diversity is an ethical imperative, inseparable from respect for human dignity” the Declaration reads.

Ms Farida Shaheed, UN independent expert in the field of cultural rights, said that this colloquium, organized in “a region which is extremely rich in its own cultural history, diversity and contributions to the world” is an opportunity to understand better the kind of issues that are rising in this part of the world and the initiatives that have been taken. She added that area of cultural rights is a new area of focus for the international human rights communities and instruments. Ms Shaheed stated that her mandate revolves around four points: to find best practices and obstacles to the promotion and protection of cultural rights in the world, to examine and study the relationship between cultural rights and cultural diversity, to include perspective on gender and persons with disabilities in the area of cultural rights and to see what kind of measures can be fostered through national, regional and international cooperation and collaboration to take forward this area.

Mr. Ahmed Boukous, Rector of the Royal Institute of Amazigh Culture (IRCAM) stressed the importance of this international meeting which is a space for exchange of ideas and opinions on the issue of cultural and linguistic rights. Despite their importance, cultural rights, he said, don’t have their merited place in the international human rights system. Morocco, as many observers have observed, is a leading country in the region in the field of human rights, Mr. Boukous pointed out. In this context, he shed light on the successful experience of the Equity and Reconciliation Commission, the reinforcement of women’s rights and the Family Code and the management of the Amazigh cultural rights. He praised the achievements made in Morocco in the teaching and promoting of the Amazigh culture. He also stressed the importance of including cultural rights in public policies and laws, particularly the Constitution.

For his part, Mr. Mahjoub El Hiba, Secretary General of the Advisory Council on Human Rights, stressed the importance of strengthening cultural rights, cultural components of the Moroccan identity and cultural diversity. It is important to reinforce the legal protection of this diversity, he added. He underlined that cultural heritage faces great challenges, especially after the evolution of modern technology tools which are essential to communication between peoples. This international colloquium, he said, aims to reinforce belief in the principle of cultural and linguistic diversity.

Mr. El Hiba highlighted the need to fight discrimination in the cultural field and exploit date and information of the international human rights conventions, values and best practices. The Advisory Council on Human Rights should work on the development of the legislative and institutional aspects and the harmonization of national laws with the provisions of the International Covenant on Economic, Social and Cultural Rights, the International Covenant on Civil and Political Rights and soft laws like the UNESCO Universal Declaration on Cultural Diversity, he stated. He indicated that the implementation of the conclusions and recommendations of the treaty body of the International Covenant on Economic, Social and Cultural Rights and consideration to the general comments of the Committee on Economic, Social and Cultural Rights should continue.

Several national stakeholders and international experts participated in this colloquium. Four sessions were scheduled: “nature and scope of cultural rights: definitions and issues”, “cultural rights at the regional level: debate on content and method", "respect of cultural rights, development and role of human rights national institutions”, and a final session to form recommendations and proposals.

During the last session of this international meeting, UN expert Farida Shaheed specified that there is a difference between promoting culture and promoting cultural rights. What matters is to guarantee cultural rights, persons’ freedom, practice of cultural rights and human rights in general and provide the conditions to give a voice to those whose rights are violated and help them express themselves, she said.

Mr. Patrice MEYER-BISCH, University of Fribourg, indicated that cultural rights are factors of development. Linguistic rights should not be separated from cultural rights, he said. He explained that linguistic rights are part of cultural rights. He also indicated that the promotion of cultural rights should be based on national plans. There is a need to identify cultural rights and the responsibilities of each stakeholder in the field, he added. Work between national institutions, research groups, NGOs and other stakeholders is difficult, he admitted, but communication, research and training is the best way to succeed in this field.

At the end of this colloquium, Mr. Mahjoub El Hiba stated that the ultimate objective of this international meeting is to deepen discussion on cultural rights. He indicated that the Advisory Council on Human Rights works now on the reinforcement of its protective aspect and the improvement of the way complaints are received, treated and studied.

Mr. El Hiba reiterated the importance of the harmonization of national laws with the international conventions ratified by Morocco, implementation of the general comments, conclusions and recommendations of the treaty bodies and cooperation with other national institutions in the world and between these institutions and treaty bodies.

The Advisory Council on Human Rights and the Royal Institute of the Amazigh Culture organized a national seminar on "linguistic and cultural rights in Morocco", on 8 - 90 June 2010, in Rabat. Representatives of institutions concerned by human rights, human rights activists and stakeholders participated in this seminar. This seminar fostered debate on the concept of linguistic and cultural rights and the strategies adopted to promote and protect them. It aimed to develop common ideas for a plan of action to promote linguistic and cultural rights.