A/HRC/37/55/Add.1
Lasting peace and reconciliation require no less. The Special Rapporteur refers to the many
reports of widespread attacks against and destructions of mosques, historic centres, kullas
(traditional houses) and cultural sites such as archives committed by Serbian security forces
and paramilitaries in 1998/99 in Kosovo, as well as against churches committed by the
Kosovo Liberation Army and others in the summer of 1999. She also refers to the
intentional destruction of, or damage to, in particular, at least 35 listed Orthodox
monuments and churches between 17 and 19 March 2004,18 followed by numerous attacks
and incidents against Serbian Orthodox cultural heritage, reportedly including cemeteries
and icons, since then; and retaliatory attacks during and after the events of March 2004,
including on the workshop of well-known Kosovo Albanian sculptor Agim Čavdarbaša in
Pristina, against two mosques in Niš and Belgrade and on two Ottoman-era tombstones in
the Citadel Museum in Belgrade, the last reportedly by a curator.
72.
The Special Rapporteur heard in the voices of victims of and eyewitnesses to such
acts, and those of groups particularly affected, the same shock, pain and loss. She deplores
all these destructions of cultural heritage, which constitute violations of the right to access
and enjoy cultural heritage. No act of destruction of cultural heritage justifies another.
All necessary steps must be taken to prevent any repetition and to hold perpetrators
accountable, in accordance with international norms.
73.
One purpose of the destruction has been to deprive displaced people of anything to
which they could return, as well as to erase the history of their presence and claim a
monopoly or monolithic identity in particular locales. While noting the information that
many displaced persons from Kosovo do not necessarily wish to return there in the current
situation, the Special Rapporteur also heard some express the hope of seeing their heritage
restored as a prelude to their being able to at least re-establish relationships with their
places of origin or, indeed, to return to their former homes.
74.
The Special Rapporteur deplores the high level of politicization of cultural heritage
issues. This instrumentalizes cultural heritage, undermines its protection and heightens the
risks to it, produces monolithic discourses not appropriate in diverse societies and impedes
implementation of a wide range of human and cultural rights for all. Hence, Serbia and
Kosovo must depoliticize these issues and de-link cultural heritage matters from
nationalistic agendas. Cultural heritage is not a weapon: it is an issue of universal human
rights.
75.
Destructions have created huge impediments to the exercise of the right to access
and enjoy cultural heritage, and jeopardize the rights of future generations. Some of the
heritage sites can no longer serve as sources of knowledge and mutual understanding, as
places to conduct rituals and cultural practices and as venues for social interaction or
friendship-building across groups, irrespective of affiliation.
B.
Cultural heritage in Serbia
76.
The Special Rapporteur visited Stare Sajmište, a former fairground site which was
used as a concentration camp for women and children during the Second World War, and is
located in the centre of Belgrade.19 After the war, Sajmište was populated by Roma, some
of them descendants of the camp inmates, and refugees from the wars in the 1990s. The
location had its protected status revoked in 1992, which enabled companies to open
businesses and obstruct its preservation and commemoration. A number of civil society
organizations have campaigned for the site to be protected and used as a memorial to all
18
19
Some Serb interlocutors argued that these events were concerted, not spontaneous, something which
some Kosovo Albanian interlocutors denied. There have been some trials related to these events in
Kosovo courts. These have been criticized by the Organization for Security and Cooperation in
Europe (OSCE) for, inter alia, failure to account for the “ethnic motive” and lenient sentences for
setting religious monuments on fire. See OSCE, Four Years Later: Follow Up of March 2004 Riots
Cases by the Kosovo Criminal Justice System, 2008.
For historical background, see Milovan Pisarri, The Suffering of the Roma in Serbia during the
Holocaust, Forum for Applied History, Belgrade, 2014.
13