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