intellectual and emotional features of tlze society or n social group, and that it
encompasses, in addition to art am literature, lifestyles, ways of living together, value
systems, traditions and heliefs".63
178.
In its Mexico City Declaration on Cultural Identity, UNESCO stated that: "Every
culture represents n unique mid irreplneenble body of values since each people's
traditions mzd forms of expression are its most effective means of demorzstrahng its
presence in the rvorlrl.""'*
179.
The African States, in the framework of the 1976 Cultural Charter for Africa
adopted by the Heads of State and Government of the Qrganisation of African
Unity at its Thirteenth Session held in Fort Louis, Mauritius, from 2 to 5 ]uly
1976, were already aware "that any people has the inalienable right to organise its
cultural life in hill liunnony with its political, economic, social, plzilosopliical and
spiritual ideas" and "that any lmman society is necessarily governed by rules and
principles based on traditions, languages, ways of life and thought in other words on n
set of cultural values zvlzicli reflect its distinctive character and personality" 65
180. In the Enriorois case, the Commission held that culture refers to that complex
whole which includes a spiritual and physical association with one's ancestral
land, knowledge, belief, art, law, morals, customs, and any other capabilities
and habits acquired by humankind as a member of society - the sum total of
the material and spiritual activities and products of a given social group that
distinguish it from other similar groups and that cultural identity encompasses
a group's religion, language, and other defining characteristics*
181. Referring to all these different definitions and considerations, the Commission
notes that due to its complexity, the notion of culture should be understood in
a broader sense. Indeed, as summarized by the African Court in the case of the
African Commission OH llumrzn and Peoples' Rights v. Republic of Ken/a, culture
should be construed in its widest sense "encompassing the total zvrzy of lu? of n
particular group, including the group's languages, symbols such as dressing codes and
the lll(llZl1L'f flu' group constructs shelters, engages in certain economic zzctuntzes,
is Charter for African Cultural Renaissance, adopted by the 6"' Ordinary Session of the Assembly held on 24
January 2006 in Khartoum, Sudan
64 Mexico City Declaration on Cultural Policies. World Conference on Cultural Policies, Mexico City, 26 July
6
August 1982
65 See the Preamble of the 1976 Cultural Charter for Africa adopted by the Heads of State
and Government of the Organisation of African Unity at its Thirteenth Session held in Port
Louis, Mauritius, from 2 to 5 ]uly 1976
4~®#?
66 Communication 276/03 - op. cit, para 2§'.5>9;¢r.*£"'.4'
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