A/HRC/37/55/Add.1
rights, including cultural rights, and should be addressed as such, in accordance with
international standards and as a matter of urgency.
V. Right to access and enjoy cultural heritage in Serbia and in
Kosovo
A.
General issues
59.
During the mission, the Special Rapporteur paid particular attention to the right to
access and enjoy cultural heritage. A human rights approach to cultural heritage focuses on
relationships between people and heritage, as well as on prevention of its destruction,
education about the importance of the heritage of all and support for cultural heritage
defenders.
60.
Cultural heritage is to be understood as encompassing the resources enabling the
cultural identification and development processes of individuals and groups, which they,
implicitly or explicitly, wish to transmit to future generations. 14 It must be understood in a
holistic way, including the perspectives, contributions and practices of all persons and
groups. In Serbia and Kosovo, as important as they are, cultural heritage is not composed
only of monasteries and mosques; it also includes artistic, historic and other cultural sites
and practices in all their diversity. There should be no monolithic view of what constitutes
or can constitute cultural heritage, and cultural heritage should never be used to construct
discourses or policies aimed at the exclusion of others. Cultural heritage is, as one local
expert underscored, “multilayered”.
61.
All persons, whether members of ethnic or religious minorities, secular people,
women, lesbian, gay, bisexual and transgender people, persons with disabilities or people of
mixed identities, have the right to make significant contributions to how cultural heritage is
understood, developed and integrated in cultural practices.
62.
With regard to the tensions surrounding cultural heritage arising between Serbia and
Kosovo in general, the Special Rapporteur wishes to make the following points. Perhaps
unsurprisingly, narratives and perspectives about heritage were quite dissimilar depending
on where they were expressed and by whom. The Special Rapporteur is concerned about
the human rights impact of the perception gap regarding the meaning and importance of
different aspects of cultural heritage.
63.
She deeply regrets discourses disputing the importance of the cultural heritage of the
Serbian Orthodox Church in Kosovo, or intentionally omitting mention of the specific
relationship of the Serbian Orthodox Church with certain sites. Conversely, she greatly
regretted encountering discourses minimizing the importance or even the existence of the
cultural heritage of Kosovo Albanians. Both discourses are damaging to human rights and
offensive, and must evolve in accordance with cultural rights standards.
64.
Fortunately, some people in civil society from diverse backgrounds are eager to
combat such perspectives. The Special Rapporteur appreciated those who echo such
universalist views as “culture can never be divided”. This mirrors the historical practice of
sometimes shared protection and repair of heritage sites in the region, which reflected
coexistence. One positive current example was the organization of joint events by a civil
society group in Mitrovica/Mitrovicë, with people of mixed backgrounds to visit each
other’s sites of cultural significance. Such activities were curtailed due to lack of funding
and need all possible support, from Serbia, from Kosovo, and from the international
community.
65.
While particular aspects of heritage have special resonance for and connections to
specific groups, it is critical to enhance the notion of heritage as a shared common good
important for all. The Special Rapporteur was glad to hear some official rhetoric in this
14
See A/HRC/17/38, paras. 4−5; and A/71/317, para. 6.
11