A/HRC/37/55/Add.1
I. Introduction
1.
The Special Rapporteur in the field of cultural rights visited Serbia and Kosovo 1
from 3 to 14 October 2016. The purpose of the visit was to identify, in a spirit of
cooperation and constructive dialogue, good practices in and possible obstacles to the
promotion and protection of cultural rights.
2.
The Special Rapporteur addressed key issues related to the rights of people to
participate in cultural life, including the right to access and enjoy cultural heritage, without
discrimination and irrespective of group affiliations. She was eager to visit Serbia and
Kosovo to address in a comprehensive way and using a human rights approach cultural
heritage issues that are of interest to all, including the fate of the cultural heritage of the
Serbian Orthodox Church in Kosovo and accountability for past destruction of cultural
heritage. The present report also contains her observations relating to other cultural rights
issues in Serbia and in Kosovo.
3.
The Special Rapporteur visited various sites of cultural, historical and religious
significance, in Serbia and in Kosovo, without any impediment. They included churches
and monasteries, mosques, historic centres and old bazars, as well as an art gallery,
hammams and many important cultural landscapes, including sites that had been damaged
or destroyed in 1999 and 2004. She met people having connections with these sites and
addressed their human rights with respect to this heritage. In Serbia, she spent time in
Belgrade, Novi Sad, Novi Pazar and Niš. In Kosovo, she was able to visit
Mitrovica/Mitrovicë, Peć/Peja, Prizren and Pristina.
4.
The Special Rapporteur met government officials, at the national and municipal
levels, including those in the areas of foreign affairs, culture, cultural heritage, gender
equality, human rights and education. In Serbia, she met with the Minister of Culture and
Media as well as the Minister of Foreign Affairs; the State Secretary at the Ministry of
Education, Science and Technological Development; representatives of the Office of
Human and Minority Rights, the Office of Kosovo and Metohija and the National Institute
for the Protection of Cultural Monuments; several ombudspersons and representatives of
national councils for minorities. In Kosovo, she met with representatives of the Kosovo
authorities, including the Minister of Foreign Affairs and the First Deputy Prime Minister,
as well as governmental experts in the field of cultural heritage and the protection of
monuments, the environment and spatial planning, and gender equality. She regrets that
despite several requests, she was unable to meet the Minister of Culture. She discussed
issues with members of the Parliamentary Committee on Youth, Sports and Culture and
with municipal authorities, representatives of the Kosovo police and of the Kosovo Force
(KFOR).
5.
During the visit, she met with artists, academics, educators, diverse members of civil
society, including Serbs, Albanians, Roma, Ashkali and Egyptian people; Serbian
Orthodox, Muslim and Jewish leaders; human rights defenders, including women human
rights defenders; peace activists; and cultural heritage experts and defenders. The Special
Rapporteur sought to discuss issues with stakeholders from many diverse backgrounds so
as to hear their narratives and understand their perspectives.
6.
The Special Rapporteur extends her thanks to the United Nations Office in Belgrade
and the United Nations Interim Administration Mission in Kosovo (UNMIK) for their
assistance. She also expresses gratitude to the authorities in Belgrade and Pristina for the
level of access to relevant officials and agencies she was granted, and for full access to
places and sites.
1
Any reference to Kosovo, whether to the territory, institutions or population, is to be understood in
full compliance with Security Council resolution 1244 (1999) and without prejudice to the status of
Kosovo.
3