Right to Culture
72. Article 17.2: Every individual may freely, take part in the cultural life of his
community. 3. The promotion and protection of morals and traditional values
recognised by the community shall be the duty of the State.
73. The right to take part in cultural life vests in the individual and should be protected as
such by states parties. It is integral to the way of life of individuals and communities,
including promotion and preservation of their culture, heritage and institutions. It
refers not only to the enjoyment of cultural activities and access to materials but to
participation, policy-making and artistic freedom.
74. It includes freedom from interference with the enjoyment of cultural life, the freedom
to create and contribute to culture, the freedom to choose in what culture(s) and
cultural life to participate and the freedom to manifest one’s own culture. It also
encompasses the freedom to disseminate one’s own culture and cultural values, the
freedom to cooperate internationally, the right to participate in the definition,
preparation and implementation of policies on culture and the enjoyment of other
rights necessary for the enjoyment of the right to participate in cultural life. It is
inherently linked to the right to freedom of expression, and states must ensure the
right to freedom of expression as a condition for the realization of the right to culture.
75. The right to culture protects positive African values consistent with international
human rights standards, and implies an obligation on the State to ensure the
eradication of harmful traditional practices that negatively affect human rights.
76. The right of the individual to take part in cultural life includes the following state
obligations to:
National Plans, Policies and Systems
a. Ensure participation at all levels in the determination of cultural policies
and in cultural and artistic activities;
b. Implement measures for safeguarding, protecting and building awareness
of tangible and intangible cultural heritage, including traditional knowledge
systems;
c. Ensure recognition of and respect for the diverse cultures existing in
Africa;
d. Implement policies generally aimed at the conservation, development and
diffusion of culture and the promotion of cultural identity. These policies
should be implemented through:
1. Making funds available for the promotion of cultural development
and popular participation in cultural life, including public support for
private initiative;
2. Creation of institutional infrastructure established for the
implementation of policies to promote popular participation in
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