COVID-19 has exemplified inequalities around the world. It has affected the poor more than the rich; the elderly more than the young; manual laborers more than virtual employees. The World Health Organization (WHO) statistics demonstrate that the most affected countries are not only those with a low-quality healthcare system but also the poorest, the more fragile ones, the war-torn ones, those that are unable to adopt effective measures against the virus. Inequality has been also evident in the vaccine race. High-income countries have been competing for the best vaccines, while low-income countries have been pushing to ‘break free’ from Trade-Related Aspects of Intellectual Property Rights (TRIPS) obligations and produce vaccines without paying royalties to patent holders.
An aspect of the pandemic that has attracted little comment is the impact of the COVID-19 outbreak on the arts, the protection of cultural heritage, and the cultural sector. Cultural institutions and the art world have been severely affected, some grappling with their own survival.
Freelance artists and performers have lost their jobs as concerts and festivals around the world have been canceled. Museums and galleries have closed down as part of confinement measures. The American Alliance of Museums (AAM) for example issued a statement in July 2020, lamenting that one-third of American museums remain closed. At the same time, COVID-19 has seen an exponential rise in the illicit excavation of archaeological sites, looting, and trafficking of artworks due to lack of policing. International border closures aimed at limiting the spread of the virus have also had an impact on cultural goods’ import and export, as seen in INTERPOL databases.
The way the pandemic has affected cultural institutions around the world varies, raising questions of equality and global justice. A rough distinction can be made here between developed and developing countries. In those difficult times of COVID-19, both the UN General Assembly and the Security Council have emphasized an obligation for States to show solidarity, and the need to enhance international cooperation. For institutions, museums, and art professionals of low-income countries and those countries with weaker disaster-response mechanisms, the need for such solidarity is vital. The losses in the area of cultural tourism in particular, which ‘makes up nearly 40% of world tourism’ according to the United Nations Educational, Scientific and Cultural Organization (UNESCO), have been massive during COVID-19.
Cultural rights are fully part of the international human rights system, the right to participate in cultural life to all human beings is guaranteed. Yet States have been using the virus outbreak as a way to avoid their commitments under human rights treaties. It should be remembered that minimum obligations to protect and ensure cultural rights apply at all times, including also during crises and emergency situations such as the COVID-19 outbreak. This is especially true for the right to ‘take part in cultural life’, which includes the right of the public to access cultural life without discrimination. Artists, writers, and performers who are at the same time human rights activists, or those belonging to ethnic and racial minorities, and artists with disabilities are among the most vulnerable ones. These artists are disproportionately affected in times of crisis. Yet they are the voice of the most needy and marginalized.
The principles of global justice promote equality between peoples and solidarity, as well as the ‘peaceful and prosperous coexistence within and among nations’. The protection and promotion of cultural rights of all without discrimination is a unique way of achieving this solidarity.
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