A/HRC/31/59
and non-conflict situations. She condemns these acts, which constitute an attack on
cultural life itself. In the present report, the Special Rapporteur began developing the
components of a human rights approach to the issue of intentional destruction of
cultural heritage; she will explore this issue further in her first report to the General
Assembly. Her approach is holistic, contemplating both prevention and punishment,
targeting acts by State and non-State actors, in conflict and non-conflict situations and
of tangible and intangible heritage.
89.
The Special Rapporteur concurs with her predecessor that the right of access to
and enjoyment of cultural heritage forms part of international human rights law.
Cultural heritage is linked to human dignity and identity. Moreover, while specific
aspects of tangible heritage may have particular resonance for and connections to
particular groups, all of humanity has a link to such objects, which represent the
cultural heritage of all humankind. Accordingly, all States have an obligation to
respect and protect cultural heritage in accordance with international standards, to
ensure accountability for acts of intentional destruction of such heritage; and to
cooperate to protect cultural heritage.
B.
Preliminary recommendations
90.
The Special Rapporteur calls upon States to:
(a)
Respect, protect and fulfil cultural rights in the context of implementing
the full range of human rights and ensure the exercise of these rights is firmly
embedded in the universal human rights framework;
(b)
Ensure the right of all individuals to practise their culture, including
with others. This includes ensuring non-discrimination in the enjoyment of cultural
rights across all categories protected by international human rights law and
upholding the rights of dissenting or disempowered individuals within any groups;
(c)
Ensure the right of all persons, including women, to access, participate in
and contribute to all aspects of cultural life, including in identifying and interpreting
cultural heritage, and deciding which cultural traditions, values or practices are to be
kept intact, modified or discarded altogether and to do so without fear of punitive
actions. States should similarly ensure this right with respect to other groups,
including persons with disabilities, migrants, indigenous peoples, lesbian, gay,
bisexual, transgender and intersex persons and persons living in extreme poverty.
91.
With regard to the issue of the intentional destruction of cultural heritage, the
Special Rapporteur recommends that States:
(a)
Respect and protect cultural heritage; the right of everyone to use and
enjoy cultural heritage should be limited only as a last resort and in compliance with
international law;
(b)
Ratify the core cultural heritage conventions, including the 1954 Hague
Convention for the Protection of Cultural Property in the Event of Armed Conflict
and the 1954 and 1999 protocols thereto, and urgently enact implementing legislation
so as to enable full implementation of these conventions;
(c)
Take appropriate legislative, administrative, educational and technical
measures to prevent, avoid, stop and suppress intentional destruction of cultural
heritage, in line with the UNESCO Declaration concerning the Intentional Destruction
of Cultural Heritage. In this regard, States should:
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