A/HRC/37/55/Add.1
diverse interests of individuals and groups according to their relationship with specific
cultural heritages,28 and a good balance has to be reached between the need to offer access
and the requirement to ensure security. Security must be guaranteed in the light of past acts
of wanton destruction. However, oversecuritization bears other risks, notably of exclusion
and alienation. Restrictive measures on access must respect international standards
regarding possible limitations to human rights, in particular cultural rights.
91.
There is a clear need to build greater trust between the Serbian Orthodox Church and
the Kosovo authorities and to have good institutional channels and mechanisms to ensure
dialogue. In this regard, the Special Rapporteur regrets that the Implementation and
Monitoring Council, as planned under Annex V of the Ahtisaari Plan, after successful
beginnings, seems to be deadlocked since 2015. She encourages the Serbian Orthodox
Church and the Kosovo authorities to take steps to show their good will in making this
mechanism work again and to reactivate and enhance mechanisms for cooperation. She
notes the assertion made by the Kosovo authorities that such cooperation is being
developed and hopes that this process will continue and accelerate.
92.
A solution, based on mutual respect and respect for international standards on
human rights and cultural heritage, needs to be achieved for the Church of Christ the
Saviour in Pristina. This is a controversial topic in Kosovo, about which there are opposite
narratives. On 13 November 2017, the Kosovo Appeals Court granted the Serbian
Orthodox Church landownership rights to the Church that had been a source of dispute
since the 1990s, rejecting an appeal from the University of Pristina. Pending final
resolution, it is important that the dignity of the site be respected and ensured.
93.
While expressing recognition of the tremendous efforts of international actors,
including KFOR, to protect cultural heritage in Kosovo, the Special Rapporteur notes that a
number of Serbs, including officials, expressed particular concern that some destruction of
or damage to heritage of special significance to them took place when such international
actors were present in Kosovo or were even allegedly in the vicinity of the sites. She
believes it would be important to undertake thorough reviews of both best practice and any
failures on the part of international actors in this regard so as to improve practice going
forward.
94.
More must be done to facilitate reconstruction and necessary repairs to cultural
heritage sites belonging to the Serbian Orthodox Church, in consultation with those
connected to the sites. Decisions in this regard should be taken in accordance with human
rights, including cultural rights, and the relevant technical standards, and not for political
considerations or so as to constitute reprisals.
95.
The Special Rapporteur was pleased to meet in Belgrade with representatives of the
more than 200,000 internally displaced persons from Kosovo, who stressed the importance
of visiting cultural sites, including churches and cemeteries, on return visits to Kosovo.
Reports of cultural heritage destruction, which they saw as an attempt to wipe out their
history, came as especially heavy blows to this population. They were particularly
distressed by reported vandalism at Serb cemeteries in Kosovo, which was especially
upsetting to elderly internally displaced persons who had undertaken return visits. They
sometimes feel unwelcome during such visits, and their perception is that they cannot
access some areas.
96.
The Special Rapporteur recommends that every effort be made to guard and restore
the dignity of the cemeteries of all, and that particular care be taken to protect the
cemeteries of displaced populations who are not in a position to maintain ongoing upkeep.
Return visits are vital for the cultural rights of internally displaced persons, and funding is
needed to ensure that this can continue.
28
See A/71/317, para. 14; A/HRC/17/38, paras. 78-79; and A/HRC/34/56/Add.1, para. 6.
17