The Right to Cultural Diversity Shannon B. Lyons International Ocean and Environmental Policy.

Slides:



Advertisements
Similar presentations
THE ROLE OF UNESCO NATCOMS Dr. Yvonne Donders Faculty of Law.
Advertisements

Biodiversity and cultural diversity Philosophy Comenius 2010 –2012 Liceo Scientifico Le filandiere di San Vito al Tagliamento.
One Teacher’s Experience from the province of Manitoba Sandra Pacheco Melo September, 2011.
Development of Human Rights: An Introduction Omar Grech MEDAC- Malta.
Human rights exploration
Sources Of Human Rights
Created by the U of MN Human Rights Center in partnership with the MN Department of Human Rights A Minnesota Human Rights Education Experience.
THE EU AND ITS NEIGHBOURS Introduction – Seminar Class 1.
Declaration on the Rights of Indigenous peoples (UNDRIP)
Protecting and promoting linguistic diversity Presentation by Anahit Minasyan Section for the Diversity of Cultural Expressions, UNESCO.
International Law: Unit 6 Human Rights Mr. Morrison Fall 2005.
Public Education about Religious Diversity: The Wider Context of the EC REDCo project St. Petersburg September 2007 Robert Jackson Warwick Religions and.
NEW DEVELOPMENTS in HUMAN RIGHTS EDUCATION IN EUROPE Audrey Osler University of Leeds International Conference on Human.
UNIVERSAL HUMAN RIGHTS
Human Rights and ICT Policy. By the end of this session you should: Be aware of the body of international human rights law and the key principles and.
15 September 2008Maria Lundberg, NCHR1 JUR 5710 Institutions and Procedures The right of self-determination UN Procedures.
Relations between Copyright, Cultural Heritage Protection Regulations and Cultural Diversity Romana Matanovac Vučković Faculty of Law, Zagreb ALAI Conference,
THE NOTION OF FREEDOM OF (THE MEDIA) IN INTERNATIONAL LAW AND POLICY Andrei Richter, OSCE Office of the Representative on Freedom of the Media, Lomonosov.
3 September 2007Maria Lundberg, NCHR1 JUR 5710 Institutions and Procedures UN Charter and human rights bodies.
‘Approaches to programme planning and budgeting’ Experience of Regional Centre for the Safeguarding of Intangible Cultural Heritage in South-Eastern Europe.
IFLA/UNESCO Multicultural Library Manifesto Understanding the Manifesto: A Workshop.
Citizenship We belong to many communities: We belong to many communities:  Neighborhood  (Zhangjiang)  City (Shanghai)  Country (China) Citizenship.
International Telecommunication Union Workshop “Accessibility to ICTs”, Shanghai, China, 23 July 2010 The Convention on the Rights of Persons with Disabilities:
- Sustaining creative diversity through cultural goods and services - A UNESCO Pilot Project
Mapping Equal Rights Around the WoRLD Saturday, May 1 st, 2010 IHSP Research to Policy Conference.
MINORITIES AS SOCIAL WEALTH or LESS IS MORE? (the example of ITALY) Tinkara Mihacic, Natasa Sekoranja.
Managing cultural diversity: the Canadian experience
The Victorian Charter’s relevance to Aboriginal Community Controlled Organisations Emily Howie Lawyer Human Rights Law Resource Centre Ltd
Legal Instruments to Promote and Protect Linguistic Rights.
Human Rights Education Soon Won Kang (Hanshin University, South Korea)
Cultural Diversity Programming Lens and Delivering as one in Mozambique… A work in progress Presented by Claudia Harvey and Zulmira Rodrigues Main source.
Concepts, Principles and Legal Framework Presentation by: Dr. Joseph Foumbi Consultant.
1 The White Paper on “Intercultural Dialogue” Christian International Organisations at the Council of Europe November 2009 Intercultural Dialogue The Council.
Cultural Diversity Standards and Principles in light of the Progress Report of the International Bioethics Committee (IBC) Working Group on Traditional.
© 2006 Religious Freedoms Federal Ministry for Foreign Affairs of Austria.
Asian Perspective on Mobility Disabilities – ICTs and Policies Workshop on ICT and Persons with Disabilities Tunis, Tunisia, 16 November 2005 By Anuradha.
Data Protection Privacy in the Digital Age: the UN General Assembly Resolution Sophie Kwasny, 16 October th International Conference, Mauritius.
Freedom of speech. Freedom of speech is the freedom to speak freely without censorship. The term freedom of expression is sometimes used synonymously,
Convention on the Protection and Promotion of the Diversity of Cultural Expressions Adopted 20 October 2005 Entry into force 18 March 2007.
THE EARTH CHARTER The mission of the Earth Charter is to establish a sound ethical foundation for the emerging global society and to help build a sustainable.
Flags, Symbols and Emblems Virginia McVea Director.
III Mercator International Symposium November 2004 "Linguistic diversity and education: Challenges and opportunities" Mercator-Legislation “The right.
ECONOMICAL AND SOCIAL RIGHTS. Economic, social and cultural rights are socio-economicsocio-economic human rights, such as the right to education, right.
Disability Rights are Human Rights: The United Nations Addresses Discrimination on the Basis of Disability Sherrie Brown LSJ/CHID 332 Spring 2007.
Cultural Policy in Switzerland Dr. Jean-Frédéric Jauslin, Director Federal Office of Culture 37th PEARLE* Conference.
Basic concepts in Human Rights
Intercultural Dialogue and the European Higher Education Area The People’s Friendship University Sochi, May 2010.
Multilingual education standards and practices - the European perspective 4th International Language and Education Conference: Multilingual Education for.
Measuring the New Sustainable Development Goals: Opportunities and Challenges for Human Rights Nicolas Fasel Office of the United Nations High Commissioner.
COPYRIGHT, CULTURAL DIVERSITY AND THE WTO Professor Fiona Macmillan Birkbeck, University of London.
HUMAN RIGHTS AND INTERNATIONAL RELATIONS (IR 421).
Perez - Varis ICT and the Culture of Peace Tapio Varis, professor emeritus UNESCO Chair in Global e-Learning University of Tampere, Finland Acting.
International Protection of Traditional Wisdom on Bio-diversity and Sacred Landscapes Lyndel V. Prott and Patrick.J. O’Keefe.
Claudia s. de Windt Project Attorney, OAS/FIDA Toward a Right of Participation in the Americas: From Rio to Quebec Presentation at the Resource Persons.
DEMOCRATIC BELIEFS AND VALUES
6/5/ PROMOTION AND PROTECTION OF HUMAN RIGHTS AS PREREQUISITE FOR GOOD GOVERNANCE PREPARED BY: IBRAHIM MZEE IBRAHIM CLERK, HOUSE OF REPRESENTATIVES.
Article 19, 21and 22 chapter 111 of ICCPR Right to freedom of expression Right to Peaceful assembly Right to freedom of association.
2. Cultural diversity Theories of International Tourism.
Library organisations
DEVELOPMENT, CULTURAL SELF-DETERMINATION AND THE WTO
Privacy in the Digital Age: the UN General Assembly Resolution
LAW 221: INTERNATIONAL LAW
What are human rights?.
THE INTERCULTURAL APPROACH TO LANGUAGE LEARNING
LAW 221: INTERNATIONAL LAW
Putting Cultural Diversity into Practice: Some Innovative Tools Training for Asia Pacific Field Personnel Bangkok, Thailand, December 2004 The Universal.
The new European Consensus on Development
MINORITY RIGHTS IN EDUCATION
Setting a common vision of culture in Jordan –
Human Rights and the United Nations: A Brief Introduction
Presentation transcript:

The Right to Cultural Diversity Shannon B. Lyons International Ocean and Environmental Policy

Outline Definitions of Cultural Diversity Origin and history of Cultural Diversity Hard and soft law sources –Treaties and Declarations –Major Players Recent issues and applications –UDCD, Johannesburg, Cultural Expression –Example: Makah Gray Whale Hunt Pros and Cons

Cultural Diversity Definitions: –Culture: that complex whole which includes knowledge, belief, art, law, morals, custom, and any other capabilities and habits acquired by man as a member of society (Tylor, 1971) –Culture: a set of rules, or standards that, when acted upon by the members of a society, produce behavior that falls within a range of variance that the members consider proper and acceptable (Haviland, 1975)

Cultural Diversity Definitions of Cultural Diversity are…Diverse “Culture is a set of distinctive spiritual, material, intellectual and emotional features of society or a social group. It encompasses, in addition to art and literature, lifestyles, ways of living together, values systems, traditions and beliefs. Respecting and safeguarding culture is a matter of Human Rights. Cultural Diversity presupposes respect of fundamental freedoms, namely freedom of thought, conscience and religion, freedom of opinion and expression, and freedom to participate in the cultural life of one's choice.” –UNESCO

Origin and History of Cultural Diversity Historically international environmental law was state centered –Did not consider rights of indigenous peoples Democratic is not the same as Equality –Tendency for a democratic majority to dominate a cultural minority Universal Declaration of Human Rights, 1948 Recent focus on Linguistics

Treaties addressing Cultural Diversity –International Covenant on Economic, Social, and Cultural Rights (ICESCR), Article 15, 1966 –International Covenant on Civil and Political Rights (ICCPR), Article 27, 1966; 1975 –American Convention on Human Rights, 1969 –Convention Concerning the Protection of the World Cultural Heritage, 1972 –African Charter on Human and People’s Rights, 1981 –ILO Convention 169, 1989 –Convention on Biological Diversity, 1992 –Council of Europe’s Framework Convention for the Protection of National Minorities, 1995 –Charter of Fundamental Rights of the European Union, 2000 –Andean Charter for the Promotion and Protection of Human Rights (2002) –Draft Convention on Cultural Diversity, UNESCO,

Declarations addressing Cultural Diversity –Universal Declaration of Human Rights, 1948 –American Declaration of the Rights and Duties of Man, 1948 –Declaration on the Principles of International Cultural Cooperation, UNESCO, 1966 –Convention Concerning the Protection of the World Cultural and Natural Heritage, 1972 –Recommendation on Participation by the People at Large in Cultural Life and their Contribution to it, 1976 –Mexico City Declaration on Cultural Policies, 1982 –Limburg Principles on the Implemental of the International Covenant on Economic, Social, and Cultural Right, 1986 –Vienna Concluding Document, OSCE, 1989 –Declaration on the Rights of Persons Belonging to National or Ethnic, Religious, and Linguistic Minorities, 1992 –Vienna Declaration and Program of Action, 1993 –Maastricht Guidelines on Violations of Economic, Social, and Cultural Rights, 1997 –Universal Declaration on Cultural Diversity, UNESCO, 2001 –Convention on the Protection and Promotion of the Diversity of Cultural Expressions,

Major Players Primary Organizations –UNESCO United Nations Education, Scientific, and Cultural Organization –Office of the UN High Commissioner for Human Rights Countries –France and Canada spearheading current movements

UNESCO Universal Declaration on Cultural Diversity “Cultural rights are an integral part of human rights, which are universal, indivisible and inter-dependent. The flourishing of creative diversity requires the full implementation of cultural rights as defined in Article 27 of the Universal Declaration of Human Rights and in Articles 13 and 15 of the International Covenant on Economic, Social and Cultural Rights. All persons have therefore the right to express themselves and to create and disseminate their work in the language of their choice, and particularly in their mother tongue; all persons are entitled to quality education and training that fully respect their cultural identity; and all persons have the right to participate in the cultural life of their choice and conduct their own cultural practices, subject to respect for human rights and fundamental freedoms."

Universal Declaration on Cultural Diversity –Adopted unanimously at the 31st UNESCO General Conference, 2001 –Triggered by September 11 –Focuses on humanizing globalization and making it more culturally sensitive –Encourages inter-cultural dialogue –Supports cultural diversity, the rights and the role of culture in development –Promotes multilingualism through education and fostering language at a young age

Universal Declaration on Cultural Diversity Article 1 - Cultural diversity: the common heritage of humanity Article 2 - From cultural diversity to cultural pluralism Article 3 - Cultural diversity as a factor in development Article 4 - Human rights as guarantees of cultural diversity Article 5 - Cultural rights as an enabling environment for cultural diversity Article 6 - Towards access for all to cultural diversity Article 7 - Cultural heritage as the wellspring of creativity Article 8 - Cultural goods and services: commodities of a unique kind Article 9 - Cultural policies as catalysts of creativity Article 10 - Strengthening capacities for creation and dissemination worldwide Article 11 - Building partnerships between the public sector, the private sector and civil society Article 12 - The role of UNESCO

Johannesburg Declaration on Sustainable Development September, 2002 “respect for cultural diversity, indigenous peoples’ access to economic activities and natural resources, and indigenous peoples’ participation in developing resource management systems are fundamental prerequisites for poverty eradication and sustainable development.”

Convention on the Protection and Promotion of the Diversity of Cultural Expressions Supported by 148 countries during the UNESCO General Assembly in Paris, October, 2005 Sponsored by France and Canada Affirmation of countries' "sovereign right" to promote diversity in "cultural expressions" to counter demands that they renounce the use of subsidies, quotas, and other measures to support domestic cultural products such as movies, broadcasting, and publications. Opposed by the U.S.A. –Limits on imports –Government censorship –Potential for abuse in terms of trade

International Convention on the Regulation of Whaling (ICRW) Treaty obligation to permit subsistence whaling, 1946 –The taking of gray whales from the Eastern stock in the North Pacific is permitted, but only by aborigines or a Contracting Government on behalf of aborigines, and then only when the meat and products of such whales are to be used exclusively for local consumption by the aborigines whose traditional aboriginal subsistence and cultural needs have been recognized), Makah gray whale hunt Alienation within American society Anderson v. Evans, 371 F.3d 475, (9th Cir. 2004).

Pros and Cons of Cultural Diversity Pros: –Human welfare –Encompasses minority views and rights –Others? Cons: –Difficult to define –Difficult to measure –Others?

References Anderson v. Evans, 371 F.3d 475, (9th Cir. 2004). Firestone, J, Lilley, J., and Isabel Torres de Noronha Cultural Diversity, Human Rights, and the Emergence of Indigenous Peoples in International and Comparative Environmental Law. American University International Law Review: 20(210). United Nations Background Note: The Challenge of Human Rights and Cultural Diversity by Diana Ayton-Shenker: