[A2k] ** A2K - right to take part in cultural life - important process underway **

[Caroline Dommen]

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Dear friends and colleagues



I write to draw your attention to an important process underway relating to
the right to take part in cultural life.  This right is legally-binding and
protected by a range of human rights treaties, including the International
Covenant on Economic, Social Cultural Rights (ICESCR, Article 15.1.a).



The UN Committee on Economic, Social and Cultural Rights is now preparing t=
o
draft a =91General Comment=92 to flesh out this right =96 i.e. to help Stat=
es and
other actors understand what their obligations are to protect this right.



As a first step towards the drafting of the General Comment on the right to
take part in cultural life, the Committee is holding a day of discussion on
the subject, in Geneva, on 9th May.  This day of discussion is public
(although advance registration is necessary).



In relation to efforts to ensure Access to Knowledge, the day of discussion
and the General Comment are important.  Particularly important to promote
A2K is to ensure adequate understanding amongst the Human Rights community
and the Committee on Economic, Social and Cultural Rights of how copyright,
patents and other intellectual property provisions can impact on the right
to take part in cultural life.



Some of the particularly important points that need to be drawn to Committe=
e
members include



-          the importance of ensuring that IP systems relating to
agriculture support maintaining cultural diversity, respect of cultural
traditions amongst farming communities and protection of traditional
knowledge,

-          the importance of developing sui generis systems or other
appropriate mechanisms to protect traditional knowledge,

-          the importance of ensuring that technological developments or
copyright rules do not hinder access to knowledge

-          the importance of explicitly recognizing limits that should be
imposed on copyrights (and thus limit the impact of the Committee on
Economic, Social and Cultural Rights=92 previous General Comment relating t=
o
Intellectual Property)





We at 3D would be glad to share the draft programme of this day of
discussion, and other information (not attached to this email to avoid
taking up too much Inbox space and to accommodate the no-attachments policy
of some lists).   We would also be glad to facilitate transmitted
information or materials to Committee members in advance of the Day of
Discussion, on behalf of people who cannot be in Geneva in person.  Further
information can also be obtained from the Office of the UN High Commissione=
r
for Human Rights, who is hosting the discussion.  The contact Ms
Mendoza-Solorio:  GMendoza-Solorio  at  ohchr.org



Best wishes





Caroline Dommen

Director



3D -> Trade - Human Rights - Equitable Economy

Maison des Associations, 15 rue des Savoises

1205 Gen=E8ve, Switzerland

Tel: +41 22 320 21 21

Cell: +41 79 412 72 07

Fax: +41 22 320 69 48

Email:  <mailto:cdommen@3dthree.org> cdommen@3dthree.org

Website:  <http://www.3dthree.org> www.3dthree.org



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