A/HRC/17/38 cultural heritage. Noting that no list is exhaustive, the independent expert describes cultural heritage in the questionnaire as: ...tangible heritage (e.g. sites, structures and remains of archaeological, historical, religious, cultural or aesthetic value), intangible heritage (e.g. traditions, customs and practices, aesthetic and spiritual beliefs; vernacular or other languages; artistic expressions, folklore) and natural heritage (e.g. protected natural reserves; other protected biologically diverse areas; historic parks and gardens and cultural landscapes). 5. The concept of heritage reflects the dynamic character of something that has been developed, built or created, interpreted and re-interpreted in history, and transmitted from generation to generation. Cultural heritage links the past, the present and the future as it encompasses things inherited from the past that are considered to be of such value or significance today, that individuals and communities want to transmit them to future generations. 6. As stated by the Committee on Economic, Social and Cultural Rights in general comment No. 21 on the right of everyone to take part in cultural life, “the concept of culture must be seen not as a series of isolated manifestations or hermetic compartments, but as an interactive process whereby individuals and communities, while preserving their specificities and purposes, give expression to the culture of humanity”.4 Therefore, to speak of cultural heritage in the context of human rights entails taking into consideration the multiple heritages through which individuals and communities express their humanity, give meaning to their existence, build their worldviews and represent their encounter with the external forces affecting their lives.5 Cultural heritage is to be understood as resources enabling the cultural identification and development processes of individuals and communities which they, implicitly or explicitly, wish to transmit to future generations. 7. Several instruments reflect this approach and stress the importance of individuals and communities, including indigenous peoples, in defining and stewarding cultural heritage. In these instruments, the definition of cultural heritage is not limited to what is considered to be of outstanding value to humanity as a whole, but rather it encompasses what is of significance for particular individuals and communities, thereby emphasizing the human dimension of cultural heritage. For example, as one purpose of the UNESCO Convention for the Safeguarding of the Intangible Cultural Heritage (2003) is to “ensure respect for the intangible cultural heritage of the communities, groups and individuals concerned”,6 the criteria for safeguarding is not the notion of outstanding universal value, but the meaning the heritage carries for a specific community. According to article 2.1 of the Convention, “…intangible cultural heritage, transmitted from generation to generation, is constantly recreated by communities and groups in response to their environment, their interaction with nature and their history, and provides them with a sense of identity and continuity”. The Association of Southeast Asian Nations (ASEAN) Declaration on Cultural Heritage (2000) also includes a reference to cultural heritage that is “of considerable importance as habitat for the cultural survival and identity of particular living traditions”.7 4 5 6 7 4 and Expressions of Culture, in Regional Framework for the Protection of Traditional knowledge and Expressions of Culture, art. 4; see also the definition of “indigenous heritage” in the United Nations study on the “Protection of the heritage of indigenous peoples”, E/CN.4/Sub.2/1995/26, Annex, paras. 11 and 12. General comment No. 21 (2009), para. 12. See also the first report of the independent expert, A/HRC/14/36, para. 9. Convention for the Safeguarding of the Intangible Cultural Heritage, art. 1 (b). ASEAN Declaration on Cultural Heritage, art. 1 (c).