A/HRC/31/59
67.
Unfortunately, there is a long human history of such acts as iconoclasm and
biblioclasm in all regions of the world, whether in wars, revolutions or waves of repression.
However, in the early twenty-first century, a new wave of deliberate destruction is being
recorded and displayed for the world to see, the impact magnified by widespread
distribution of the images. Such acts are often openly proclaimed and justified by their
perpetrators. This represents a form of cultural warfare being used against populations, and
humanity as a whole, and one which the Special Rapporteur condemns in the strongest
possible terms. The Special Rapporteur shares the view of UNESCO that these acts of
intentional destruction sometimes constitute “cultural cleansing”. They take the
terrorization of a population to a new level by attacking even its history and represent an
urgent challenge to cultural rights, one which requires rapid and thoughtful international
response.
68.
The preamble of the 2003 UNESCO Declaration stresses that “cultural heritage is an
important component of cultural identity and of social cohesion, so that its intentional
destruction may have adverse consequences on human dignity and human rights”. In recent
cases, as in their historical antecedents, the objects in question have clearly been targeted
not in spite of the prohibitions on attacking cultural heritage and notwithstanding the value
of the objects in question, but precisely because of that value and those norms.
D.
Towards a human rights approach to the intentional destruction
of cultural heritage
69.
In responding to intentional destruction of cultural heritage, it is critical to employ a
human rights approach: there are many human rights implications. As rightly noted by one
cultural rights expert, “despite the rich international normative framework created under the
aegis of UNESCO over the decades, the question is largely not being addressed by the
international community as a question of human rights generally, or of cultural rights in
particular”.27 This must change. As her first priority area of thematic work, the Special
Rapporteur aims to develop such an approach.
70.
The Special Rapporteur’s predecessor noted the added value of a human rights
approach: beyond preserving and safeguarding an object or a manifestation in itself, the
human rights approach to cultural heritage obliges one to take into account the rights of
individuals and communities in relation to such object or manifestation and, in particular, to
connect cultural heritage with its source of production (see A/HRC/17/38 and Corr.1, para.
2).
71.
The importance of having access to one’s own cultural heritage and to that of others
has been emphasized by the Committee on Economic, Social and Cultural Rights in its
general comment No. 21. As stressed by the Committee therein, the obligations to respect
and to protect freedoms, cultural heritage and cultural diversity are interconnected. It is
impossible to separate a people’s cultural heritage from the people itself and their rights.
72.
Just as the intentional destruction of cultural heritage has a devastating impact on
cultural rights, so too protecting cultural heritage can have a positive impact on morale and
rights in situations of conflict or repression. “A nation stays alive when its culture stays
alive” is the motto of the National Museum of Afghanistan, where some 2,750 pieces were
destroyed by the Taliban in 2001.
27
16
Elsa Stamatopoulou, Memorandum submitted to the Special Rapporteur in the field of cultural rights, 12
December 2015.