A/HRC/31/59
48.
While in the Special Rapporteur’s view, specific aspects of heritage may have
particular resonance for and connections to particular human groups (see A/HRC/17/38 and
Corr.1, para. 62), all of humanity has a link to such objects, which represent the “cultural
heritage of all [hu]mankind,” in the words of the preamble to the Convention for the
Protection of Cultural Property in the Event of Armed Conflict of 1954 (1954 Hague
Convention). For example, in 2012, Ms. Shaheed noted that “the destruction of tombs of
ancient Muslim saints in Timbuktu, a common heritage of humanity, is a loss for us all, but
for the local population it also means the denial of their identity, their beliefs, their history
and their dignity”.17 As Judge Cançado Trindade explained in his opinion related to the
2011 order of the International Court of Justice regarding the case of the Temple of Preah
Vihear, “the ultimate titulaires of the right to the safeguard and preservation of their
cultural and spiritual heritage are the collectivities of human beings concerned, or else
humankind as a whole”.18 To quote Gita Sahgal, “heritage is humanity”.
49.
Cultural heritage includes not only tangible heritage composed of sites, structures
and remains of archaeological, historical, religious, cultural or aesthetic value, but also
intangible heritage made up of traditions, customs and practices, aesthetic and spiritual
beliefs, vernacular or other languages, artistic expressions and folklore. Both of these
categories should be understood in broad and holistic terms. For example, tangible heritage
includes not only buildings and ruins, but also scientific collections, archives, manuscripts
and libraries, which are critical in preserving all aspects of cultural life, such as education,
as well as artistic and scientific knowledge and freedom.
50.
In her work, the first mandate holder established how the right of access to and
enjoyment of cultural heritage forms part of international human rights law, finding its legal
basis, in particular, in the right to take part in cultural life, the right of members of
minorities to enjoy their own culture and the right of indigenous peoples to selfdetermination and to maintain, control, protect and develop cultural heritage.
51.
The right of access to and enjoyment of cultural heritage includes the right of
individuals and collectivities to inter alia know, understand, enter, visit, make use of,
maintain, exchange and develop cultural heritage, as well as to benefit from the cultural
heritage and the creation of others. It also includes the right to participate in the
identification, interpretation and development of cultural heritage, as well as in the design
and implementation of preservation and safeguard policies and programmes (see
A/HRC/17/38 and Corr.1, para. 79). Cultural heritage is a fundamental resource for other
human rights also, in particular the rights to freedom of opinion and expression, freedom of
thought, conscience and religion, as well as the economic rights of the many people who
earn a living through tourism related to such heritage, the right to education and the right to
development.
B.
International legal standards on protection of cultural heritage
52.
In paragraph 50 of its general comment No. 21, the Committee on Economic, Social
and Cultural Rights recalled that States’ obligations to respect and protect freedoms,
cultural heritage and diversity are interconnected and that the obligation to ensure the right
to participate in cultural life under article 15 of the International Covenant on Economic,
17
18
12
Office of the United Nations High Commissioner for Human Rights, “‘A very dark future for the
local populations in Northern Mali’, warn UN experts”, 10 July 2012.
Request for Interpretation of the Judgement of 15 June 1962 in the Case Concerning the Temple of
Preah Vihear (Cambodia v. Thailand), Separate Opinion of Judge Cançado Trindade, ICJ Reports
2013, p. 606, para. 114.