A/HRC/10/8/Add.2
page 13
Jewish and the Government of Israel has so far only issued implementing regulations for Jewish
holy sites.13 This approach may ultimately have discriminatory effects for the preservation of
non-Jewish places and related budgetary allocations since the determination of holy sites also
provides state funding to institutions which protect the sanctity of these places and preserve them
from damage. Reportedly, there is an urgent need to preserve and protect Muslim and Christian
religious sites, many of which have been made inaccessible or neglected since decades. In some
cases, such religious sites have been converted into bars, night clubs or stores, which may also
offend religious sensitivities.
38. One example for the sensitive issue of religious sites and their preservation is the
controversy about excavation works in Jerusalem on the pathway leading from the Western Wall
Plaza to the Mughrabi Gate of al-Haram al-Sharif/Temple Mount. In February 2007, the
UNESCO Director-General decided to dispatch a technical mission to the Old City of Jerusalem.
The technical mission recommended in its report that the Government of Israel should be asked
to stop immediately the archaeological excavations, to engage immediately a consultation
process with all concerned parties and to agree upon a plan of action before taking any further
action and decision thereon.14 In March 2007, the Committee on the Elimination of Racial
Discrimination expressed its concerns about the excavations beneath and around Al-Aqsa
Mosque and urged the State of Israel to ensure that the excavations in no way endanger the
mosque and impede access to it (CERD/C/ISR/CO/13, para. 36). Another recent excavation
project in the area of the Arab neighbourhood of Silwan, which is located a few hundred metres
from al-Haram al-Sharif/Temple Mount, elicited protests and on 18 March 2008 the Israeli High
Court of Justice ordered a halt to the excavations in Silwan (A/HRC/8/18, para. 41).
39. The Special Rapporteur would like to reiterate that places of worship, religious sites and
cemeteries have more than a material significance for the religious community attached to them.
General Assembly resolution 55/254 calls upon all States to exert their utmost efforts to ensure
that religious sites are fully respected and protected as well as to adopt adequate measures aimed
at preventing such acts or threats of violence. Furthermore, the General Assembly encourages all
States, relevant intergovernmental and non-governmental organizations and the media to
promote a culture of tolerance and respect for the diversity of religions and for religious sites,
which represent an important aspect of the collective heritage of humankind. The Special
Rapporteur would like to emphasize that the concept of collective heritage of humankind could
be used more prominently when addressing on a case-by-case basis the intricate questions of
how to preserve and protect religious sites.
13
US Department of State, International Religious Freedom Report 2008: Israel and the
Occupied Territories (www.state.gov/g/drl/rls/irf/2008/108484.htm).
14
Report of the UNESCO technical mission to the Old City of Jerusalem (176 EX/Special
Plenary Meeting/INF.1, paras. 49 and 51).