180. Article 17 of the Maputo Protocol: 1) Women shall have the right to live in a positive cultural context and to participate at fi-ll levels in the determination of cultural policies. 2) States Parties shall take all appropriate measures to enhance the participation of women in the formulation of cultural policies at all levels." 181. The Commission observes that Article ,·lTof the Charter has no "clawback" clause. In Centre for Minority Rights Dev~~opment (Kenya) and Minority Rights Group (on behalf of Endorois.Welfare Council) v Kenya the Commission noted that: ,. "The absence of a claw-back clause is an indicaHr,m that the drafters of the Charter envisaged few, if any, circumstances:in which it .would be appropriate to limit a people's right to culture. It further notes that even if the Respondent State were to put some limitation on the exercise of such a right, the restriction must be proportionate to a legithnate aim that does not interfere adversely on the exercise of a community's cultural rights.1/ 59 182. The Commission recalls the obligations incumbent on States Party to the Charter under Article 17(2) as enunciated in its Pretoria Declaration on Economic, Social and Cultural Rights in Africa: 9. The right to culture in articles 17and 18 of the African Charter entail among other things the following: 1.Pos.itive African values consistent with international human rights rea}i'tifs and s,tandards; 2:Eradication of harmful traditional practices that negatively affect · human rights; 3.I;'articipation at all levels in the determination of cultural policies and in cultural and artistic activities; 4.Measures for safeguarding, protecting and building awareness of tangible and intangible cultural heritage, including traditional knoioledge systems;6o 183. The Commission also revisits its Principles and guidelines on the implementation of Economic, Social and Cultural rights in the African Charter on Human and Peoples' Rights: - r~ "·-..._ ..q •,, --,~-;; , ZJ.. !<I I ~e,RfT l:\~l.q '~0 .<> 59 Communication 276/03, Centre for Minority Rights Development (Kenya) and Minority Rig behalf of Endorois Welfare Council) v Kenya . 60 (2004) ( !illJ2.0/achpr.au.int/ ind ex.php/e n/nod e/8 76 ) "" . .______ "l~/CAIN"- - it ~

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