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Abstract
Civilization
is not possible if there is not peaceful cooperation . Development is the
threat and an oppurtunity to the culture of the world. To preserve cultural
identity is one of the most important factor. As there is freedom people also
begin to challenge homogenation or westernization. Globalization is intensified
and accelerated amonmgst the people of economic interaction.
Nepal has faced new challenges within its political , economic, social and
cultural beliefs and practises. There is new phase of globalization in
developing nation.One of the main socio cultural impacts of globalization on
Nepal is the rapid destruction of indigenous people. Globalization does not
always means increasing progress but it is also increase the rate of migration,
refugee flow and brain drain. Nepal has affected by the globalization through
political level as well as economic level.

 

                             

Introduction

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Globalization is a process which is increasing rapidly since
the beginning of time for human beings.

Cultural
Identity is  an object made by a human
beings like an item of cultural or historical interest  of a group or society that are inherited from
past generations, maintained in the present and bestowed for the benefits of
future generations. Cultural Identity and sub-national groups of a nation has a
very high value and is unique. It is an identity that can be introduced to the
world proudly. Culture, tradition and sub-national groups affirms the identity
of human being as a people because it creates comprehensive framework for the
preservation of various cultures i.e tangible culture(buildings, temples,
books, works of arts) and intangible culture(social practices, rituals, festive
events, knowledge and practices concerning nature and the universe or the
knowledge and skills to produce traditional crafts).

           Preserving culture and sub-national
groups includes aspects of human rights, tolerance, development and protecting
cultural sites and artifacts, as well as intellectual property, rights for
culturally specific language and art. Cultural identity is essential for the
peaceful cooperation of civilization. If people started respecting their own
culture and protecting the culures,there will be a good cooperation relation
among the people .As different culture becomes more interwined, these cultural
identities may change. The fluid nature of culture can be positive, leading to
stronger societal structures and values, but also can reuined minority or
less-powerful cultures, leading to the disintegration of fundamental human
values.

 However the country is developed or
developing there is always threat to the culttures. In all parts of the global
community, diverse peoples struggle to maintain their cultural identity in the
face of globalization, development, conflict and cooperation with the
international community.

            For decades cultural rights have
been a neglected category of human rights. Although some of the international
human rights treaties provide for their protection, none of them formulates a
comprehensive definition or enumeration. According to UNESCO Universal
Declaration of Cultural Declaration on Cultural Diversity; “Culture should be
regarded as the set of distinctive spiritual, material, intellectual and
emotional features of society or a social group, it encompasses, in addition to
art and literature, lifestyles, ways of living together, value systems,
traditions and beliefs”.The international community is increasingly sensitive
to cultural relativism, the notion that human values vary with different
cultural perspective.

        In the case of right of women and
children, In article 3 of the International Convenant on Economic, Social and
Cultural Rights(1996), member states of the United Nations agreed to “ensure
the equal right of men and women to the enjoyment of all economic, social and
cultural rights” of the Covenant(GA, 1996). The convention on the elimination
of all forms of Discrimination against women (1979) recognized that culture
plays a defining role in women’s full enjoyment of their fundamental rights and
that “a change in the traditional role of men as well as the role of women in
society and in the family is needed to achieve full equality of men and women”.
Article 24(1) of International Covenant on civil and Political rights, Every
child shall have, without any discrimination as to race, color, sex, language,
religion, national or social origin, property or birth, the right to such
measures of protection as are required by his status as a minor, on the part of
his family, society and the state.

   

            Article 2(2) of International
Covenant on Economic, Social and Cultural Rights(ICESC), The states parties to
the present Covenant undertake to guarantee that the rights enunciated in the
present Covenant will be exercised without discrimination of any kind as to
race, color, sex, language, religion, political or other opinion, national or
social origin, property, birth or other status.

            Similarly according to Human Right
committee, everyone has right to enjoy their culture, the right to engage in
economic and social activities that are part of the culture of a distinct
community. For instance in the most recent case, Angela Poma Poma v. Per ‘ the
committee dealt with a complaint brought by a member of an ethnic minority
called the Aymara’. The activity that took center stage in the Committee’s
examinations was the rising of livestock, principally alpacas and llamas, which
form the basis of the Aymara’s economy and culture. Until the Government of
Peru significantly interfered in the landscape, it was only the means of
survival for the author and her family. The author of the complaint alleged
that the state’s actions constituted a violation of Article 1 and 2 of the
International Convention on Civil and Political rights, by depriving her of her
livelihood and of article 17, by the intereference in her family’s life and
activities as she rightly stipulated ‘private and family life consists of their
costumes social relations, the Aymara language and methods of grazing and
caring for animals.

          There is the violation to enjoy her
cultural with other members of cultural groups in accordance with Article 27 of
the Covenant. The finding confirmed- as had already been stated in the aforementioned
General Comment No. 23 on The Rights of minorities, which clarifies the
provisions of  Article 27 ICCPR-that the
right to enjoy one’s culture may be manifested in a particular way of life.

          According to article 13 of ICESC, the
states parties to the present covenant recognize the right of everyone to
education. They agree that education shall be directed to the full development
of the human personality and the sense of its dignity, and shall strengthen the
respect for human rights and fundamental freedoms. They further agree that
education shall enable all persons to participate effectively in a free
society, promote understanding, tolerance and friendship among all nations and
all racial, ethnic or religious groups and further activities  of the United Nations for the maintenance of
peace.

            Similarly according to article 1(4)
of International Convention on the Elimination of all forms of Racial
Discrimination, Special measures taken for the sole purpose of securing
adequate advancement of certain racial or ethnic groups or individuals
requiring such protection  as may be
necessary in order to ensure such groups or individuals equal enjoyment or
exercise of human rights and fundamental freedoms shall not be deemed racial
discrimination, provided, however, that such measures do not as a consequence,
lead to the mantainance separate rights for different racial groups and that
they shall not be continued after the objectives for which they were taken have
been achieved.

            The sites, arts and artifacts,
language and intellectual property of many cultures throughout the world are in
danger of  destruction or exploitation .
During the time of conflit and peace both the cultural and historical  was the main concern. Artifacts from both
ancient times and the contemporary world are sometimes highly valued by
collectors and are sometimes traded legally or illegally. Ancient practices,
knowledge and language are subverted for the benefit of those outside the
culture of origin, undermining the rights of the members of the culture to
safeguard their heritage.

            The need for protecting the
cultural heritage of the world’s diverse populations was recognized under the
‘1972 Convention on the protection of the World Cultural and natural heritage’.
The convention established the World Heritage List of over 550 sites in 112
countries, including protected towns, monuments and natural environments. Sites
threatened by neglect are included in the list of World Heritage in Danger. The
member states party to the Convention pledged to engage in international
cooperation for the protection of these sites.

 

 

 

 

 

Finding

Globalization
as local culture as the country is developing rapidly so the globalization is
but the problem is that due to globalization of the production and distribution
of goods and services people who produce locally made product are suffering

In small
amount Nepal has gained benefits and oppurtunity from globalization but many
negative impacts create problems to Nepal.

“Acceleration
and intensification of economic interaction among the people is Globally. There
has made much impact or local culture.

 

Research Methodology

The paper is
based on the secondary data. The data has been collected from various websites
of government. This study follows doctrinal research method in the compilation,
organization, interpretation and systematication of the primary and secondary
source material of the study is descriptive in nature.

 

Analysis

Negative
impact of Globalization –
Due to Globalization developing country like Nepal is facing problems like
resource problem, water problem, environment, social and air problem. Farmers
are the one who are facing problem of Globalization. They are threatened from
highly subsidized crops and food products, fertilizers and many such things.
Increase in GDP at the cost of Social Justice and Human Welfare does not mean
that it is Development. It may be defined as the socio-Economic factors
transformation reflecting higher living standards. It had been focusing too
much on institutions and machine not on people which led to a trauma which
Globalization suffered. It may also be defined as the transformation of lifes
of people and not just transforming the economies.

 

Conclusion

In
concluding the main trust of the argument is that Globalization is also one of
the problem for the developing country and its culture. Due to Globalization
people of the nation may create space for external value and behaviours to be
adopted. The societal norms and values are changing in favor of westernization
and the impact of globalization on the indigenous people has been a big problem
to Nepal.To the  maintainance of  the society it is very important to recognize
the cultural identity .Due to rapid growth in international trade  the farmers 
and local people are facing trouble .

 

Bibliography

Cultural
rights and cultural identity in the case law of human rights committee.

Indigenous
cultural heritage rights in international human rights law.

Introduction
in cultural rights as collective rights 

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