A/HRC/37/55/Add.1
(d)
Fully implement all relevant recommendations made to Serbia by United
Nations human rights treaty bodies, including the Human Rights Committee’s
recommendation that Serbia should “strengthen its efforts to eradicate stereotypes
and widespread abuse against Roma by … conducting more awareness-raising
campaigns”;31
(e)
Fully implement the law on culture and all relevant constitutional
provisions guaranteeing human rights, including article 44 regarding the equality of
treatment of religious groups and the separation of religion and State;
(f)
In close consultation with affected groups and experts, ensure adequate
and specific memorialization of the atrocities of the 1990s and of the Holocaust. Such
memorialization must respect cultural rights and promote understanding.; In
particular, protect, preserve and appropriately memorialize Staro Sajmište, the
German pavilion and the Topovske šupe camp.
3.
Recommendations to the Kosovo authorities
102.
The Kosovo authorities should:
(a)
Clearly commit to implement the rights and obligations contained in the
International Covenant on Economic, Social and Cultural Rights, with the
understanding that it is an international instrument which remains part of the
applicable law in Kosovo, pursuant to UNMIK regulation No. 1999/24;32
(b)
Protect public space and cultural sites which are critical to the
enjoyment of cultural rights. Ensure meaningful consultation about all decisions
regarding urbanization that have an impact on cultural heritage and cultural rights;
(c)
Diligently investigate allegations of vandalism of religious sites and
cemeteries and develop effective strategies to protect all heritage sites, in particular
Serbian Orthodox sites, from damage or deterioration, in consultation with the
concerned groups and institutions; publicly condemn any threats to or vandalism of
cultural heritage, including Serbian Orthodox sites;
(d)
Fully and impartially implement the letter of the President of Kosovo
sent in October 2016 in which he called for alleged perpetrators in past cases of
cultural heritage destruction to be prosecuted, and do so in accordance with
international standards;
(e)
While guaranteeing security of cultural heritage sites of special
significance to the Serbian Orthodox Church and Serbs, facilitate and ensure full
access to these sites, including by Serbs, in accordance with international standards;
(f)
Develop programmes to improve and facilitate good relationships
between people in Kosovo and people travelling from Serbia to access and enjoy
cultural heritage sites, including cemeteries;
(g)
4.
Ensure adequate educational opportunities in the Serbian language.
Recommendations to the international community
103. The Special Rapporteur recommends that the international community and
international organizations:
(a)
Support and collaborate with independent actors in civil society in
Serbia and Kosovo who are engaging with cultural rights issues, including artists,
cultural professionals and human rights defenders;
31
32
20
See CCPR/C/SRB/CO/2, para. 22.
See A/HRC/31/54/Add.2, para. 68; and E/C.12/UNK/CO/1, para. 9.