A/HRC/37/55/Add.1
2.
Protecting cultural spaces
53.
The Special Rapporteur heard particular concerns about the impact of privatizations
⸻ and the way in which they had been conducted ⸻ on public spaces and cultural sites,
which are critical to the enjoyment of cultural rights. In Mitrovica/Mitrovicë, the Special
Rapporteur was informed that there were no cinemas, except for one space in the cultural
centre, which is only sporadically used as a movie theatre. However, she was very pleased
to hear that civil society campaigning in Prizren under the rubric “Lumbardhi public again”
had been successful in saving the Lumbardhi cinema, and she commends the relevant
authorities for responding to this demand.
54.
The Special Rapporteur received reports about the lack of adequate consultations
with the concerned population about cultural projects. This was reported to be the case
regarding the refurbishment of the Mitrovica/Mitrovicë bridge, which is in an area that is
especially important for joint cultural programming. However, others insisted that such
consultations had been conducted, but that people did not take part. The response to this
was that there was a lack of public confidence that input would be heeded. Authorities need
to continue to engage in consultations, and in an inclusive and meaningful way.
3.
Equality and inclusion
55.
Displaced Serbs originally from Kosovo and wishing to return there recounted the
difficulties they experienced due to the lack of adequate educational opportunities in the
Serbian language. This sometimes results in youth having to use military transport to travel
to school and to do so over long distances. Consequently, families have had to move to
allow for the schooling of their children. The equal enjoyment of cultural rights is also a
critical component of enabling sustainable return.
56.
The Special Rapporteur notes with satisfaction the adoption of the law on gender
equality, and the quotas for women’s participation in public institutions. To date, however,
no significant steps have been taken to reach this goal, and the Special Rapporteur regrets
that the authorities have declared that these standards are only “guidance”, rather than
binding provisions. Women’s equal cultural rights, including their right to access and enjoy
cultural heritage, must be fully implemented. Indeed, the Special Rapporteur was pleased
by the large number of highly qualified women cultural heritage experts with whom she
was able to meet, including from the Ministry of Culture, Sports and Youth, as well as from
the Prizren Council on Cultural Heritage, among museum professionals and in the civil
society sector.
57.
Likewise, the Special Rapporteur welcomes the strategy on the rights of persons
with disabilities. However, she hopes that in addition to its full implementation, greater
attention will be given to their access to cultural life and heritage. The Mitrovica/Mitrovicë
cultural centre, which she visited, does not have an elevator, so that the very meeting room
used for her civil society consultations would not have been accessible to participants in
wheelchairs. The main meeting room at UNMIK itself is not accessible by elevator.
4.
Fundamentalism
58.
Diverse stakeholders, including religious leaders, officials and women human rights
defenders, shared their preoccupations about the impact of radicalization and religious
fundamentalism.11 This was reportedly due in part to funding coming from Gulf countries. 12
Women human rights defenders noted pressure on women in some cases to change their
mode of dressing and adopt veiling, and that some individuals now refused to shake the
hand of a person from another religion.13 Members of the Muslim clergy who spoke out
against extremists sometimes received threats or were attacked. Many said that a preventive
approach and education were key to tackling this problem and protecting the traditionally
more tolerant approach to religion. This is not only a security issue but a question of human
11
12
13
10
On the cultural rights impact of fundamentalism and extremism, see A/HRC/34/56.
Carlotta Gall, “How Kosovo was turned into fertile ground for ISIS”, New York Times, 21 May 2016.
On the impact of fundamentalisms on the cultural rights of women, see A/72/155.