A/HRC/17/38 The Council of Europe Framework Convention on the Value of Cultural Heritage for Society (Faro Convention) (2005), for its part, defines cultural heritage as “a group of resources inherited from the past which people identify, independently of ownership, as a reflection and expression of their constantly evolving values, beliefs, knowledge and traditions. It includes all aspects of the environment resulting from the interaction between people and places through time.”8 8. The independent expert notes that cultural heritage is not restricted to objects and manifestations about which individuals and communities may be proud. In some instances, heritage recalls errors made in the past and actions reflecting the darker side of humanity, the memory of which also needs to be transmitted to future generations, albeit in a different manner. III. Human rights issues related to cultural heritage 9. Human rights issues related to cultural heritage are numerous. They include questions regarding who defines what cultural heritage is and its significance; which cultural heritage deserves protection; the extent to which individuals and communities participate in the interpretation, preservation/safeguarding of cultural heritage, have access to and enjoy it; how to resolve conflicts and competing interests over cultural heritage; and what the possible limitations to a right to cultural heritage are. 10. Since cultural heritage encompasses things that are assigned significance, its identification requires a selection process. Usually, selection processes in which the State plays the main role are reflective of power differentials; likewise, selection by communities may also indicate internal differences. As already stated by the independent expert, power differentials must be taken into consideration, as they impact the ability of individuals and groups to effectively contribute to the identification, development and interpretation of what should be considered as a common “culture” or shared cultural heritage.9 Hence, the participation of individuals and communities in cultural heritage matters is crucial, fully respecting the freedom of individuals to participate or not in one or several communities, to develop their multiple identities, to access their cultural heritage as well as that of others, and to contribute to the creation of culture, including through the contestation of dominant norms and values within the communities they belong to as well as those of other communities.10 11. While cultural heritage could be instrumental in the protection of cultural diversity, conversely, it could be recognized selectively to force individuals and communities to assimilate into a mainstream community/society. Cultural symbols of dominant communities may be glorified, and the content of education and information about cultural heritage may be distorted for political purposes. Depending on their own histories, communities may have diverging interpretations of a specific cultural heritage, which are not always taken into consideration in implementing preservation/safeguard programmes. Particular aspects of the past may be emphasized or removed, in line with political processes and the will to shape public opinion, to unite or separate peoples and communities. Limited access to and enjoyment of cultural heritage may also be used as tools to exert political or social pressure. 8 9 10 Council of Europe Faro Convention, art. 2 (a), to enter into force on 1 June 2011. A/HRC/14/36, para. 6. Ibid., para. 10. 5