Hafeez Ahmed Khan

Cultural Rights: A Foundation for a Pluralistic Society

Cultural rights are fundamental human rights that encompass the various aspects of one’s identity, including language, culture, beliefs, religion, and access to cultural expressions. These rights are enshrined in various international and regional instruments, such as the Universal Declaration of Human Rights, the International Covenant on Economic, Social and Cultural Rights, and the UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions.

At the heart of cultural rights lies the recognition of the inherent dignity and worth of every individual and every culture. These rights are essential for individuals to fully express themselves, participate in society, and transmit their heritage to future generations.

Examples of Cultural Rights

Cultural rights encompass a wide range of freedoms and entitlements. Some of the key examples include:

• The right to enjoy one’s own culture: This includes the right to practice one’s customs, traditions, and rituals, and to express one’s cultural identity through various means, such as art, music, and language.
• The right to practice one’s religion: This includes the freedom to choose, change, and express one’s religion or belief, and to manifest one’s religion or belief in teaching, practice, worship and observance.
• The right to use one’s own language: This includes the right to speak, write, and learn in one’s own language, and to use one’s language in public and private spheres.
• The right to form or join religious and cultural groups: This includes the freedom of association with others for religious, cultural, or any other peaceful purposes.
• The freedom of expression, thought, conscience, and religion: This encompasses the right to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.
• Participation in culture: This includes the right to participate in the cultural life of the community, to enjoy the arts, and to benefit from scientific progress and its applications.
• Access to all forms of art and science: This includes the right to access and participate in cultural heritage, and to enjoy the arts and sciences.
• Education: This includes the right to education, which shall be directed to the full development of the human personality and to the strengthening of respect for human rights and fundamental freedoms.
• Preservation of one’s own culture: This includes the right to preserve one’s own culture, traditions, language, and religion, and to pass them on to future generations.

Ensuring Cultural Rights in a Pluralistic Society

In a pluralistic society, where diverse cultures coexist, it is crucial to uphold and protect the cultural rights of all individuals and communities. This requires a commitment to respect, tolerance, and understanding, as well as concrete measures to ensure that these rights are not violated or marginalized.

Communities can take proactive steps to safeguard their cultural rights within a pluralistic framework and a federal form of governance:

• Respecting and promoting cultural diversity: Acknowledge and celebrate the rich tapestry of cultures that make up the society, recognizing the equal value and dignity of all cultures.
• Dialogue and cooperation: Engage in open dialogue and collaboration with other communities and stakeholders to foster mutual understanding, address common challenges, and seize opportunities for shared growth.
• Participation in decision-making: Actively participate in decision-making processes that affect cultural rights, holding authorities accountable for their obligations and commitments.
• Advocacy: Advocate for the protection and promotion of cultural rights, challenging any discrimination, exclusion, or violation of these rights.
• Preserving cultural heritage: Preserve and transmit cultural heritage, identity, and expressions to future generations, ensuring access to cultural resources and opportunities.

Safeguarding Cultural Rights in Pakistan:

In Pakistan, where diverse ethnic groups, including Pashtun, Baloch, Punjabi, Kashmiri, Gilgit-Balti, and Sindhi, reside, safeguarding cultural rights is paramount to fostering a harmonious and inclusive society. Communities can take proactive steps to protect their cultural rights:

• Demanding recognition and implementation of rights: Advocate for the recognition and implementation of constitutional and legal rights, such as the right to education in one’s mother tongue, the right to provincial autonomy, and the right to cultural representation.
• Resisting cultural imposition: Resist any attempts to impose a uniform or dominant culture, ideology, or religion, asserting their cultural diversity and distinctiveness.
• Documenting and reporting human rights violations: Document and report any cases of human rights violations, such as enforced disappearances, extrajudicial killings, torture, and arbitrary arrests, seeking justice and redress.
• Forming alliances and networks: Build alliances and networks with other communities and civil society organizations to amplify voices, share experiences, and implement best practices.
• Celebrating and showcasing culture: Celebrate and showcase cultural heritage, traditions, and creativity through various platforms and events, raising awareness and appreciation of colourful heritage.

 Lastly, the legislative, administrative, and judicial roles of implementing cultural rights in Pakistan are critical.

Legislative role: The legislative role of implementing cultural rights in Pakistan involves the enactment, amendment, and repeal of laws and policies that affect the enjoyment of cultural rights by various groups and individuals. The legislative role also includes the ratification and incorporation of international and regional human rights instruments that protect and promote cultural rights, such as the International Covenant on Economic, Social and Cultural Rights, the Convention on the Rights of the Child, the Convention on the Elimination of All Forms of Discrimination against Women, the Convention on the Rights of Persons with Disabilities, the Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities, and the UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions. The legislative role is performed by the national parliament, the provincial assemblies, and the local councils, as well as by the executive branch through ordinances and executive orders. The legislative role is crucial for ensuring that the legal framework of Pakistan is consistent with its constitutional and international obligations to respect, protect, and fulfill the cultural rights of all people, and that it provides adequate remedies and safeguards against any violations or abuses of these rights.

Administrative role: The administrative role of implementing cultural rights in Pakistan involves the formulation, implementation, and evaluation of plans, programs, and projects that aim to enhance the realization of cultural rights by various groups and individuals. The administrative role also involves the allocation and utilization of public resources, the provision and regulation of public services, the collection and dissemination of data and information, and the coordination and collaboration with other stakeholders, such as civil society, private sector, and academia. The administrative role is performed by various ministries, departments, agencies, and commissions at the federal, provincial, and local levels, such as the Ministry of Human Rights, the Ministry of Religious Affairs and Interfaith Harmony, the Ministry of Federal Education and Professional Training, the Ministry of Information and Broadcasting, the National Commission for Human Rights, the National Commission on the Status of Women, the National Commission for Minorities, and the National Institute of Folk and Traditional Heritage. The administrative role is vital for ensuring that the policies and practices of Pakistan are responsive and accountable to the needs and preferences of the people, and that they effectively address the challenges and opportunities for the promotion and protection of cultural rights in the country.

Judicial role: The judicial role of implementing cultural rights in Pakistan involves the interpretation, application, and enforcement of laws and policies that affect the enjoyment of cultural rights by various groups and individuals. The judicial role also involves the adjudication of cases and disputes, the provision of justice and redress, the protection of constitutional and human rights, and the oversight and review of the actions and decisions of the legislative and executive branches. The judicial role is performed by various courts and tribunals at the federal, provincial, and local levels, such as the Supreme Court, the High Courts, the Federal Shariat Court, the District and Sessions Courts, the Anti-Terrorism Courts, the Family Courts, the Consumer Courts, and the Special Courts. The judicial role is essential for ensuring that the rule of law and the principles of equality and non-discrimination are upheld in Pakistan and that the people have access to effective and independent remedies and mechanisms for the vindication and restoration of their cultural rights.

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