Subject: Message and suggestions to the text pact of the Future - REV3 - Estonia
From: "Ottone, Ernesto" <[email-masked]>
To: "KUM min" <[email-masked]>
Cc: "Portales, Paz" <[email-masked]>, "Massali, Inel" <[email-masked]>
Date: Thu, 29 Aug 2024 16:49:03 +0300

Dear Minister, Dear Fiend

I am reaching out again to bring your attention to the third revision of the 
Pact for the Future text received yesterday, which merges culture and sports 
into a single Action 11, paragraph 30.

As you may recall, since the beginning of the negotiations, UNESCO has 
advocated for Culture to be included in the Pact.  This historic first-time 
consideration is fundamental to enhance the positioning of culture in the 
global development agenda.   However, during the process, some Member States 
proposed not to create a specific Action for sport,  incorporating sport in 
the Action dedicated to culture.  Given the ongoing efforts of Member States 
to position culture as a driver and enabler of sustainable development in 
recent international fora (MONDIACULT, G7, G20, regional fora and others), 
we strongly believe that the wording should be adjusted. If the wording is 
not adapted to give culture its rightful significance, we risk losing much 
of the progress we have collectively achieved in positioning culture as a 
key player on the global agenda. Additionally, we should not overlook the 
efforts to support the normative instruments related to heritage. 
Furthermore, as it stands today, the text will hinder the work of the 
Ministers of Culture to ensure the inclusion of the Stand-alone goal on 
culture in the next post-2030 development agenda that will be discussed at 
MONDIACULT 2025.

For these reasons, I would like to suggest some small but significant 
modifications that could be presented (in written) to the co-chairs of the 
Pact for the Future by your government through your Permanent Mission in New 
York.  This should be done in the next few days, before the end of the 
silent period on Thursday 3 September at 13.00 NY time.

Rational of the suggested changes:

*           Action 11, paragraph 30, as it appears in the text of the third 
revision, it does not reflect properly the proposals made by Member States 
in their interventions during the discussions. We propose to follow the line 
of the second revision by separating the concepts of culture and sport. 
Thus, the first sentence will mention the role of culture as a source of 
identity, social cohesion and economic growth. The role of culture in 
economic growth is an issue that has already been acknowledged and 
recognised several times but was not considered in the current text. The 
second sentence will highlight the role of sport as a source of human 
well-being. And the third sentence will reaffirm culture and sport as 
enablers of development, as they have already been recognised in various 
international fora, and not make them conditional.

Suggested text: Action 11, paragraph 30 We recognize that culture as well as 
sport offers individuals and communities a strong sense of identity and 
foster social cohesion and economic growth. We also recognize that sport can 
contribute to individuals’ and communities’ health and wellbeing. Culture as 
well as sport therefore have the potential to be important are enablers of 
sustainable development.

*           Action 11, paragraph 30 (a) requires a small change to reflect 
the three main ideas it refers to: a. that culture and sport contribute to 
better development; b. that culture should be part of policies and 
strategies; and c. that culture should be adequately funded.

Suggested text: Action 11, paragraph 30, (a) Ensure that culture as well as 
sport can contribute to more effective, inclusive, equitable and sustainable 
development; and integrate culture into economic, social and environmental 
development policies and strategies; and ensure adequate public investment 
in the protection and promotion of culture

*           Action 14, paragraph 35 (c) (on the protection of civilians in 
the event of conflict) mentions the need to protect various infrastructures 
but does not mention the need to protect cultural heritage. Not including 
cultural heritage is inconsistent with the efforts of Member States, in 
particular in the framework of the various normative instruments that exist 
since 1954,  for this purpose and particularly considering the current 
situation. The United Nations and UNESCO are working tirelessly in this 
field and it is therefore necessary to provide them with a mention to allow 
for the continuation of efforts in the future.

Suggested change: Action 14, paragraph 35 (c) Restrict or refrain, as 
appropriate, from the use of explosive weapons in populated areas when their 
use may be expected to cause harm to civilians or civilian objects, 
including essential civilian infrastructure, schools, cultural heritage, 
medical facilities and places of worship.

FINAL FULL TEXT WITH PROPOSALS (to the third revision)

Action 11. We will protect and promote culture and sport as an integral 
component of sustainable development.

30. We recognize that culture as well as sport offers individuals and 
communities a strong sense of identity and foster social cohesion and 
economic growth. We also recognize that sport can contribute to individuals’ 
and communities’ health and wellbeing. Culture as well as sport therefore 
have the potential to be important are enablers of sustainable development.

We decide to:

(a) Ensure that culture as well as sport can contribute to more effective, 
inclusive, equitable and sustainable development; and integrate culture into 
economic, social and environmental development policies and strategies; and 
ensure adequate public investment in the protection and promotion of 
culture.

(b) Engage constructively on the return or restitution of cultural property 
of spiritual, historical and cultural value to countries of origin, and 
strongly encourage relevant private entities to similarly engage, as 
required, and strengthen international cooperation on this issue, in line 
with relevant international conventions and national legislation.

(c) Promote and support intercultural and interreligious dialogue to 
strengthen social cohesion and contribute to sustainable development.

Action 14. We will protect all civilians in armed conflict.

35. We condemn in the strongest terms the devastating impact of armed 
conflict on civilians, civilian infrastructure and cultural heritage, and we 
are particularly concerned about the disproportionate impact of violence on 
women, children, persons with disabilities and other persons in vulnerable 
situations in armed conflict. Genocide, crimes against humanity, war crimes 
and deliberate attacks against civilians and civilian infrastructure are 
prohibited under international law and we reaffirm our commitment to our 
obligations under international law, including international humanitarian 
law, international human rights law and international refugee law. We decide 
to:

(a) Take concrete and practical measures to protect all civilians in armed 
conflict, in particular persons in vulnerable situations.

(b) Accelerate the implementation of our commitments under the children and 
armed conflict agenda.

(c) Restrict or refrain, as appropriate, from the use of explosive weapons 
in populated areas when their use may be expected to cause harm to civilians 
or civilian objects, including essential civilian infrastructure, schools, 
cultural heritage, medical facilities and places of worship.

(d) Enable safe, rapid and unimpeded humanitarian access and assistance, and 
fully respect the humanitarian principles of humanity, neutrality, 
impartiality and independence, in accordance with international humanitarian 
law and the General Assembly resolutions on strengthening the coordination 
of emergency humanitarian assistance of the United Nations.

(e) Respect and protect humanitarian personnel and United Nations and 
associated personnel, including national and locally recruited personnel, 
their facilities, equipment, transports and supplies, in accordance with our 
obligations under international law, including international humanitarian 
law.

(f) Respect and protect journalists, media professionals and associated 
personnel working in situations of armed conflict and reaffirm that they 
shall be considered as civilians in such situations in accordance with 
international humanitarian law.

(g) Redouble our efforts to end impunity and ensure accountability for 
atrocity crimes and other gross violations, such as the use of starvation of 
civilians as a method of war and gender-based violence, including 
conflict-related sexual violence.

(h) Commit to support timely and decisive action, in particular by the 
Security Council and General Assembly, aimed at preventing and ending 
genocide, war crimes, crimes against humanity and the crime of aggression.

(i) Invites Member States to enact national legislation, regulations and 
procedures, where they do not already exist, to exercise control over the 
international transfer of conventional arms and military equipment that 
manage the risks that such transfers could facilitate, contribute or lead to 
violations of international humanitarian law and human rights law, and to 
ensure that such legislation, regulations and procedures are consistent with 
the obligations of States under applicable international treaties to which 
they are parties, including the Arms Trade Treaty.

We look forward to receiving your support in strengthening culture and 
advancing towards the fairer and more sustainable development that is 
urgently needed.

Sincerely,

Ernesto

Ernesto Ottone R.

Assistant Director-General for Culture

7, Place de Fontenoy, 75007 Paris

+33 (0)1 45 68 11 01

unesco.org <https://en.unesco.org/>