A/HRC/34/56/Add.1
restoration work, had still not been provided with an electricity supply at the time of her
visit, despite many requests.
IV. Conclusions and recommendations
92.
What Cypriots collectively and their authorities choose to do on the path
towards reconciliation and peace and in their recognition of cultural diversity will
shape the cultural rights of all those who inhabit the island for years to come. If
positive, open and forward-looking choices are made, they can contribute to a
speedier solution, enhance human rights protection and even set an important
example for the entire world in turbulent times. The specific recommendations that
follow should be understood in this spirit and should be seen as a whole.
A.
Recommendations to the Government of the Republic of Cyprus, the
Turkish Cypriot authorities and other stakeholders
93.
All sides must stop politicizing cultural heritage and issues related to cultural
rights. Cultural rights should not be used as a weapon against others or as a
bargaining chip. The requests made by people to enjoy those rights, in particular their
right to access and enjoy cultural heritage, must be heard and understood as human
rights claims.
94.
Pending a final settlement, the utmost must be done to guarantee human rights,
including cultural rights. In particular, efforts should be made to open new crossing
points and create conditions to enhance the right to freedom of movement of all
persons in Cyprus, establish many open and free spaces for mutual interaction and
dialogue, especially in the academic, artistic and cultural spheres, and facilitate access
to cultural and religious heritage sites.
Seizing opportunities
95.
The current negotiations and discussions about a solution create an
extraordinary opportunity for rethinking certain issues and establishing a new
constitutional framework fully respective of human rights. In particular, the Special
Rapporteur recommends:
(a)
That any new constitution specifically incorporate cultural rights,
including the right to take part in cultural life without discrimination and the right to
access and enjoy cultural heritage. Recognizing the diversity and multiplicity of
identities beyond bicommunalism, the new constitution should fully protect the rights
of everyone, without any discrimination, to choose his/her own identity, to identify or
not with one or several “communities” or groups and to change that choice, and to
participate or not participate in a given group. There should be full equality in that
regard and the choices of women should not depend on the decisions of their husbands
in such matters;
(b)
Emphasizing the principle of non-discrimination and full equality for all,
including women and minorities, with regard to the enjoyment of all human rights,
including cultural rights;
(c)
The undertaking of thorough discussions with the Maronite and
Armenian groups, as well as any other relevant groups, regarding their wish to be
recognized as minorities, with a view to ensuring their equal cultural rights, including
the right to self-definition;
(d)
A review of the current divide between governmental departments in
charge of cultural life and those in charge of antiquities. New arrangements should be
explored with thorough consultation of cultural heritage experts. The links between
access, preservation and protection of cultural heritage and the rights to take part in
cultural activities and to freedom of artistic expression and creativity in a dynamic
cultural life should be recognized, protected and enhanced.
16