A/HRC/17/38 12. Competing claims and interests over cultural heritage may lead to controversy and conflict. Different individuals, communities and/or the State may claim ownership of, interest in, and rights to certain cultural heritage. In particular, many communities argue that their cultural heritage is merely used for commercial purposes, in tourism, by cultural industries or the mass media, or as part of showcasing national culture, without proper authorization or shared benefits. The independent expert notes in this regard the current negotiations at the WIPO aimed at developing an international instrument to protect traditional knowledge and traditional cultural expressions. A good balance needs to be found. While overly strict protection may stifle creativity, artistic freedom and cultural exchanges, the misappropriation of cultural heritage would also impair the rights of communities to access and enjoy their own cultural heritage.11 13. Globalization, the exploitation of economic resources, the promotion of tourism, and development programmes may have a detrimental impact on the ability of individuals and communities to preserve/safeguard, develop and transmit their cultural heritage, including cultural practices, specific ways of life, and cultural sites and landscapes. 14. The disconnection which may occur between cultural heritage and the people concerned is an important human rights issue. The challenge is how to ensure that the people themselves, in particular source communities, are empowered, and that cultural heritage issues are not confined to preservation/safeguarding. In particular, cultural heritage programmes should not be implemented at the expense of individuals and communities who, sometimes, for the sake of preservation purposes, are displaced or given limited access to their own cultural heritage. 15. The destruction of cultural heritage in the context of war or conflict also has important human rights implications. The right of access to and enjoyment of cultural heritage of others in a non-stereotypical way in post-conflict situations is of utmost importance. The independent expert notes in this regard that, today, cultural peace-making traditions are often endangered. Peace-building processes should include the repair of cultural heritage with the participation of all concerned, and the promotion of intercultural dialogue regarding cultural heritage. 16. Other human rights issues may arise when elements of the cultural heritage of specific communities are stored or displayed in cultural institutions, in particular museums, libraries and archives, without the participation or consent of those communities, and/or in a manner not respecting the significance and interpretation they give to such heritage. Respecting the express wishes of the source community may entail destruction, for example, when a community feels that when an individual passes away their name, voice, and creations must be erased, or that human remains should be buried or specific objects burnt or destroyed. Another issue often raised relates to the possible human rights dimension of calls for repatriation of cultural heritage. The independent expert underlines in this regard, the need to build stronger relationships between cultural institutions and communities, including indigenous peoples, and to develop good practices, building on existing initiatives.12 17. The improvement of infrastructure and policies to ensure access to and enjoyment of cultural heritage by people living in extreme poverty, as well as people with mental and physical disabilities, continues to be a challenge. 11 12 6 WIPO, op. cit. Ibid.