A/HRC/58/60
and the need for adequate reparation and memorialization, the Special Rapporteur enquired
about development projects in the vicinity of the Shark Island memorial site and their
potential impacts on the rights of the Nama and Ovaherero peoples. 51 In view of the
information received from various of the stakeholders involved, the Special Rapporteur has
concluded that the right of the Nama and Ovaherero peoples to take part in decision-making
processes that have an impact on their cultural life and heritage has been violated and that
the Government of Namibia must improve its consultation schemes, with a view to obtaining
the free, prior and informed consent of the people concerned.
9.
The Special Rapporteur again raised her concerns with the Government of France
regarding the ban on hijabs in the practice of sports and in sport competitions.52 She regrets
that, to date, she has not received a response on this issue. The Special Rapporteur is of the
view that the current bans adopted by certain French sports associations violate the rights of
women and girls who decide to wear the hijab to freely take part in sports, an important
element of the right to take part in cultural life, and to be protected against discrimination on
the basis of sex, religion or belief, and opinion and expression.
10.
Finally, the Special Rapporteur is delighted that her efforts facilitated the adoption at
the eleventh Summit of Southern Countries of the European Union, in September 2024, of a
declaration on cultural rights, under the aegis of the Government of Cyprus. In the
declaration, the ministers of culture of Croatia, Cyprus, France, Greece, Italy, Malta,
Portugal, Slovenia and Spain acknowledged the important role that cultural rights have in
times of crisis and reaffirmed their commitment to fulfil their international law obligations
on cultural rights. 53 The Special Rapporteur welcomes the fact that, at a time when the
annihilation of peoples’ cultures is central in fuelling conflicts, with catastrophic results,
these States stand united in the fight to stop the undermining of cultures and cultural rights.54
This also applies to the digitalization of cultural heritage in times of crisis.
11.
The Special Rapporteur conducted two official country visits in 2024: the first, to
Chile, from 25 March to 5 April;55 the second, to the Lao People’s Democratic Republic,
from 19 to 29 November (report to be presented in March 2026).56 She thanks the respective
Governments and all stakeholders who contributed to her visits for the wealth of information
received and hopes that the implementation of her recommendations will contribute to
improving the situation of cultural rights in both contexts.
III. Digital technologies and cultural heritage: a cultural rights
approach
12.
Cultural heritage serves as a foundation for cultural expression, offering individuals
and communities resources, inspiration and a sense of identity, which are necessary to create,
innovate and share their narratives.
13.
Although digital technologies do not allow for the same physical and sensorial
experience of and engagement with cultural heritage, they can certainly bring critical added
value when enhancing awareness of and accessibility to cultural heritage for education,
51
52
53
54
55
56
6
See communications DEU 5/2024, DEU 1/2023, NAM 1/2024 and NAM 1/2023, and the responses
received from the respective Governments.
See communications FRA 13/2023, and the response of the Government thereto, and FRA 7/2024.
See also OHCHR, “France: hijab bans in sports are discriminatory and must be reversed, say experts”,
news release, 28 October 2024.
See https://www.gov.cy/en/other-topics/declaration-on-cultural-rights/.
See https://www.ohchr.org/sites/default/files/documents/issues/culturalrights/activities/2024-09-30sr-cultural-rights-stm-med9.docx.
A/HRC/58/60/Add.1.
See the preliminary observations of the Special Rapporteur on her visit to the Lao People’s
Democratic Republic, available at
www.ohchr.org/sites/default/files/documents/issues/culturalrights/statements/SR-Cultural-RightsEOM-Statement-Laos-20241129.pdf (available in English and Lao).
GE.25-01705