A/HRC/58/60 activists in the Islamic Republic of Iran,35 Palestinians in Gaza,36 Palestinian pastoralists in the West Bank,37 and Tibetans in China;38 (f) The free, prior and informed consent of Indigenous Peoples regarding recognition of land and ancestral territories, with related ways of life, was raised in relation to the Māori Indigenous communities of Wairarapa Moana and Nelson Tenths in New Zealand,39 the Kichwa Indigenous People of Sarayaku in Ecuador,40 the Guarani Paĩ Tavyterã in Paraguay41 and in the context of Colombia;42 (g) The rights to academic freedom and to take part in cultural life were raised in relation to Montenegro43 and in the context of the repression of student protests in the United States;44 (h) The intentional destruction of cultural heritage and the related right to take part in decisions concerning heritage were raised about the “El Ojo que Llora” (The Eye that Cries) memorial in Peru45 and about the unilateral removal of the protection status of heritage buildings in Belgrade, Serbia.46 6. The Special Rapporteur followed up on two cases concerning individuals sentenced to death for the exercise of their freedom of artistic expression and creativity, namely Yahaya Sharif-Aminu in Nigeria 47 and Toomaj Salehi in the Islamic Republic of Iran. 48 In her communications, the Special Rapporteur urged those Governments to abolish the death penalty or at the least ensure that its use was restricted to the “most serious crimes”. She recalled that criticism of government policies and about social issues, including through artistic expression, must not be criminalized. In the Special Rapporteur’s view, the human rights of Mr. Sharif-Aminu and Mr. Salehi have been violated. She welcomes the release of Mr. Salehi, in December 2024, and is following with interest the remaining case against him. She again calls upon the Government of Nigeria to release Mr. Sharif-Aminu immediately. 7. The Special Rapporteur also continued her engagement with the Government of China regarding the situation in Tibet. 49 She considered the impacts of the construction of the Kamtok (Gangtuo) hydroelectric power plant, a development project that has led to the displacement of Tibetans and the irreversible destruction of important cultural, natural and religious assets. She thanks the Government for its responses but remains highly concerned, in view of numerous and repeated accounts of reprisals against Tibetans. She recalls that no violation of human rights, including cultural rights, may be justified in the name of development and that expressing concerns and criticisms regarding government projects is a legitimate use of one’s human right.50 8. Following on from her communications with the Governments of Germany and Namibia, in 2023, concerning recognition of the harm committed during the colonial period 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 GE.25-01705 See communications IRN 14/2024 and IRN 12/2024. See communication ISR 14/2024, ISR 23/2024 and ISR 24/2024. See communication ISR 25/2024. See communication CHN 8/2024. See communication NZL 1/2024. See communication ECU 4/2024. See communication PRY 2/2024. See communication COL 4/2024. See communication MNE 1/2024. See communications USA 12/2024 and OTH 71/2024. See communication PER 3/2024. See communication SRB 4/2024. See communications NGA 4/2020 and NGA 1/2024. See also Office of the United Nations High Commissioner for Human Rights (OHCHR), “Nigeria: UN experts demand release of Yahaya Sharif-Aminu”, press release, 16 May 2024. See communications IRN 26/2022, IRN 6/2023 and IRN 22/2023, and the respective responses from the Government of the Islamic Republic of Iran. See also OHCHR, “Iran: UN experts alarmed by death sentence imposed on rapper and songwriter, Toomaj Salehi”, press release, 25 April 2024. See communications CHN 8/2024, CHN 14/2023, CHN 8/2023, CHN 14/2022, CHN 6/2022, CHN 14/2021, CHN 5/2019 and CHN 16/2018, and the respective responses from the Government. A/77/290, paras. 97 and 98. 5

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