Time to bring cultural rights in to the centre of

human rights discourse

Sep 19, 2017

A speech by Mr. Dharmasiri Bandaranayake published by the Asian Human Rights
Commission
Reaffirm the power of culture over the culture of power - Edward Said. It is a
great honour to be invited to participate and speak at the Asian Human Rights
Charter Workshop here at Gwangju, South Korea.
A heartfelt thank you to Mr. Basil Fernando & Mr. Bijo Francis of AHRC, Hong
Kong and Mr. Kim Yang-rae, and Mrs. Inrae You of the May 18th Memorial
Foundation.
Sri Lanka became a British Colony in 1815 and gained its independence in 1948
and in 1983 we embarked upon the destruction, that was the ethnic civil war.
After the war ended in 2010 a new type of destruction began with the
unapologetic and undeterred advent of a highly racist movement with strong
fascist undertones. But in 2015 the Sri Lankan people were able to topple such a
government through democratic means during our Presidential Election. Within
the new democratically elected government that replaced the old dictatorial one,
I was appointed the Director General for Cultural Affairs on 04 August 2017. This
has been the first time such a position was created at the Presidential Secretariat.
This event is the first conference I am attending, since my appointment, and it is a
great source of joy to me. By profession, I am a Sri Lankan film and drama director
with a career of 40 years behind me. My aim is to improve and enhance the
Cultural sensibilities of Sri Lankans across the Island. I believe that dignity,
equality and freedom are extremely important in every citizens life.
Introduction:
Not only in Sri Lanka, even in many other countries in the world the mainstream
discourse on human rights is very much limited to only civil and political rights.
Because of the long-standing trade union movement in Sri Lanka, there is certain
amount of sensitivity to economic rights. However, when it comes to public
discourse about social rights and cultural rights, it is still either at primary level or
they are being totally neglected. These situations drag the social mind-set back
and in time, and this severely affects the overall human rights situation in the
country. However, anyone who looks at the social life in a more holistic and
deeper manner would see that human rights are indivisible and inter-dependent
system of fundamental human values. The ultimate meanings of human rights are
to establish a social life with dignity and meaning. These in fact are basic
conditions to ensure human happiness and the self-fulfilment.
Therefore, access to a wholesome culture is not only desirable, and a basic human
need. It is also the right of a citizen of a modern democracy. Access to meaningful
expression in arts and culture is essential for the wholesome growth of collective
identities and well-being of communities and a nation, because it works as a
powerful driving force for more humane and civilized life fulfilling the collective as
well as personal need for dignified and meaningful existence. Hence it must be
seen as a fundamental condition for the completeness of the human life.
Therefore, the right to have a life associated with rich arts and cultural
environment should be considered as a fundamental right in modern democratic
societies. So, denying the cultural rights should be considered as being a serious
human rights violation in modern democracies.
1. Question about cultural rights and cultural power:
One can observe that at the Initial period of human rights discourse on Cultural
Rights has not been seen as a priority area. In many occasions, culture was
considered something, which needs to be merely preserved considering its
historical value. On some occasions, it has been defined as only an external
condition to a good life. Anthropological or Buddhist teachings shows that human
behaviour in its totality (mental, verbal and physical behaviour) is something
being cultivated in the society. By definition everything which is cultivated is the
culture. The present behavioural patterns of vocal, physical and mental are
indicative of our living culture. According to this, our ears or eyes cannot be
considered as natural. They are being cultivated, conditioned or shaped by
every moment. So, these have to be treated as cultural faculties. Who has the
power to penetrate condition and cultivate human faculties in a society? What
are those power sites and how does this power work? It should be clear that
these questions have an imperative weight in defining and conceptualizing
cultural rights in present context. These questions also lead us to the concept of
cultural power. But before I respond to the questions I raise here, let me now
make a quick glance at present political moment of Sri Lanka
2. Sri Lanka at a cross road
We are at an important juncture as a nation, where a broad and powerful public
discourse that urges transitions into Good-Governance in areas of political and
civic life is growing in strength and urgency. Part of this discourse is devoted to
explore how and why we have failed in our efforts to become a modern civilized
nation. In this context, I would like to pose this simple question. What actually is
the problem in Sri Lanka? Are we only in an economic crisis? Are we only in a
political crisis? Or, are we only in an institutional crisis?
I strongly believe that we are facing a huge civilizational crisis which has been
developing without any obstacles during last 30 to 40 years; from the times of
advent of open economy in Sri Lanka. However, I must quickly clarify myself; I am
not suggesting at all that economic policies alone are the root cause for the crisis.
Rather I would state that without gaining adequate understanding of the
overarching context within which economic policies have been executed in
practical terms, we may not get into the whole picture. What I mean here is the
fact that there should have been some modernist transformation of ill effects
related to deep power structures such as caste, gender and class during post-
colonial processes but this was not the case. Due to this historical set back new
negative conflicts along the lines of ethnic and religious identities broke violently
paving way for huge social disasters.
Anyway, before going any further let us try an easy way to check if this thesis
about civilizational crisis is plausible. Here are a few simple questions we are
asking ourselves in Sri Lanka.
- Are our teachers truly teachers? Do they give proper guidance to our children to
think critically and creatively?
- Are our students truly students: learning, curious, inquisitive?
- Are the doctors actually doctors, working only in the best interest of patients?
- Are our religious leaders truly leading their communities to spiritual well-being?
- Are our politicians serving truly as peoples representatives, working for the
well-being of people?
- Is the media really fulfilling their role?
- Are our artists truly artists? Do they work with any serious focus on cultural and
spiritual well-being of people?
Any healthy citizen in Sri Lanka would answer all these questions negatively. The
meaning of all these institutions have been displaced. Because the countrys
moral foundations have washed away. Are not these clear symptoms of the
civilizational crisis we are in?
Then we need to accept the fact that good governance cannot dawn by mere
political, legal or economic reforms; its a manifestation of Good People.
Therefore, good governance is not possible without a radical change in our
collective consciousness or collective imagination if we are to use a concept
developed by Fred Polak.
But what have we been doing about the problem so far? During the past 60 years,
as a nation, we have only thought of:
- Legal reforms,
- Political reforms,
- Economic development.
We have never thought about cultural renewal that is to transform society, and
change social values and collective consciousness! But changing collective
conciseness is not possible through legal, political or economic reforms. Right,
then is there a way to do this? Yes, we need to understand then who has the
capacity to penetrate and shape consciousness, and thereby shape moral values,
fulfilling an important social role. We may term the sites as sites of cultural
power.
3. Coming back to the question of Cultural Power
Then we need to answer the question, what is cultural power? It cant be other
than the capacity to penetrate and shape consciousness and thereby shape
values.
Then question comes; what are the most important sites of cultural power?
Obviously, they are:
- Religious Establishments
- Media
- Education
- Arts and culture
We should accept the obvious fact that in Sri Lanka all these areas exist in a state
of extreme ill-health. Then the cultural power works in these sectors in the wrong
way and towards the wrong directions.
One need not elaborate on the sad and ironic situation that arises from the
unhealthy-condition of societal organs primarily meant to bring healing to the
nation and meld healthy collective consciousness.
In this situation, the character (or lack) of State cultural policies and the nature of
State cultural institutions; rather than developing healthy and vibrant cultural
processes which feed the well-being of the people of this country, actually
exacerbate conflict, ignorance and insensitivity instead.
In fact, although the State of Sri Lanka has been a signatory to international
human rights conventions (ICESCR) and to many other such international
agreements related to the right to culture and cultural rights, it has not, up to
now, acted with any resolve to fulfil these obligations by its people.
A study of world history and the renaissance movements that ushered
communities from darkness to light, highlight the particular ability of arts and
culture from among the above four factors to play a pioneering role in healing
and transforming societies.
However, it has to be acknowledged that State Governance has not been able to
do enough, nor has it done the right thing in order to nourish a healthy living
culture amongst the citizens of this country.
Why the arts and artists in this context are important to a nation and society?
Because:
- Arts and artists are the generators of creativity
- Artists can approach things creatively
- Artists are sensitive
And Have the capacity to understand things from different perspectives; from
perspectives of others.
But, then have we invested enough in Arts and Culture? Its an unfortunate truth
that as a country we have never invested in Arts and Culture:
- State has never invested in Arts and Culture
- Society has never considered Arts and Culture important
- Our understanding of the culture is narrow
- We think it is something to do with the past
But an enlightened state can change the situation! What would be the recipe for
transformative action? In this moving forward, it is imperative to have in place a
strong and transformative cultural vision that compliments, informs and upholds
the overall transformation envisioned. Without the base of this cultural
grounding, the holistic development of the modern Sri Lankan citizen will not bear
fruit.
As such the challenge for a far-sighted, enlightened state is too uncompromisingly
but in correct manner intervene in these areas that provide healing and influence
social consciousness. An important step that needs to be taken, in order to
appropriately transform these areas, is to provide the maximum support for
initiatives by committed and competent citizen groups, willing to take on
leadership in this regard.
In this challenging context, how I define my role as an artist and cultural leader?
4. Our role is to correctly interpret the role of arts and culture?
We should find ways to Move arts and culture into a central role in the
development of the people and the nation. These tasks entail the following;
- Ensuring Cultural Rights (every community has a right to practice, interpret and
develop their own culture without fear of harm or ridicule)
- Ensuring Right to Culture (every citizen has the equal right of access to arts and
culture of a consistent standard)
- Recognizing Arts and Culture as integral aspect of human development
- Recognizing Arts and Culture as a hallmark of a progressive nation
- Recognizing the artist as a positive and valuable professional in society
- Recognizing Arts and Culture as central, and not peripheral, to our educating
mechanisms
- Sensitizing the Sri Lankan people on the value of a relevant, progressive culture
5.Towards a Sri Lankan discourse in achieving cultural rights in Sri Lanka:
Now finally I would like to formulate a set of rights in relation to the area of arts
and culture which we will try to put in the agenda of Human Rights.
1. Every Sri Lankan citizen without any discrimination is entitled to enjoy the
heritage of cultural achievements in literature, theatre, music, dance, visual arts
etc.- to learn them and to enjoy the achievements.
2. Every Sri Lankan citizen has a right to enjoy any contemporary cultural
achievements developed anywhere in the country without being subject to any
form of discrimination.
3. Every Sri Lankan citizen has a right to explore and enjoy both new and old
world cultural achievements without any discrimination.
4. Every such citizen has a right to enjoy, learn and explore any world cultural
achievements those that prevailed over centuries, new ones as well as culture
involving new technology.
5. Every Sri Lankan citizen without any discrimination has inalienable right to a
creative life. They also have a right to engage, learn and promote any cultural
mode of expression such as literature, dance and drama, music etc., and engage
in them.
6. Every Sri Lankan artist has an inherent inalienable right to express themselves
through cultural means, in participating in a countrys democratic process.
7. Every professional artist has a right to express themselves internationally and
represent the vast Sri Lankan cultural experience at an international level.
8. Every community has a right to preserve ones culture and develop associated
skills and knowledge systems for the benefit of future generations - they have a
co
Posted by Thavam