A/HRC/34/56/Add.1
policies and programmes. Varying degrees of access and enjoyment may be recognized,
taking into consideration the diverse interests of individuals and groups, depending on their
relationship with specific aspects of cultural heritage (see A/71/317, para. 14 and
A/HRC/17/38 and Corr. 1, paras. 78-79). In resolution 33/20 on cultural rights and the
protection of cultural heritage, the Human Rights Council stated that the violation or abuse
of the right of everyone to take part in cultural life, including the ability to access and enjoy
cultural heritage, may threaten stability, social cohesion and cultural identity, and
constitutes an aggravating factor in conflict and a major obstacle to dialogue, peace and
reconciliation.
7.
In accordance with article 5 of the UNESCO Universal Declaration on Cultural
Diversity, all persons have the right to participate in the cultural life of their choice and
conduct their own cultural practices, subject to respect for human rights and fundamental
freedoms. The 2003 UNESCO Declaration Concerning the Intentional Destruction of
Cultural Heritage, states that cultural heritage is an important component of cultural identity
and of social cohesion, so its intentional destruction may have adverse consequences for
human dignity and human rights.
B.
1.
Domestic legal framework and general context
Relevant domestic provisions
8.
The 1960 Constitution of the Republic of Cyprus contains no specific provisions
expressly protecting the right to participate in cultural life. However, the provisions
regarding, in particular, freedom of movement (article 13), freedom of thought, conscience
and religion (article 18), freedom of speech and expression (article 19), the right to
education (article 20), freedom of peaceful assembly (article 21), and the right to nondiscrimination and equality before the law (article 28), are important for cultural rights.
9.
The 1983 “Constitution” currently in use in the north of the island contains express
references to cultural rights. In particular, article 62 reproduces the wording of article 15 of
the International Covenant on Economic, Social and Cultural Rights and article 59 protects
the right to education and training. Further provisions relate to the protection of historical,
cultural and natural wealth (article 39), freedoms of movement and residence of citizens
(article 22), of conscience and religion (article 23), of thought, speech and expression
(article 24), freedom to learn, teach, express and disseminate science and art and to conduct
research in those fields (article 25), the rights to publish books (article 28), of assembly and
demonstration (article 32), and to equality before the law without discrimination (article 8).
2.
The peace talks
10.
Through their joint declaration of 11 February 2014, the Greek Cypriot and Turkish
Cypriot leaders resumed negotiations towards a united Cyprus and a settlement based on a
bicommunal, bizonal federation with political equality, as set out in the relevant Security
Council resolutions and the high-level agreements. The adoption of a new federal
constitution is foreseen.
11.
The successful resolution of the conflict is vital to the enjoyment of human rights in
Cyprus. The Special Rapporteur also notes that, in keeping with Security Council resolution
1325 (2000), no solution is possible, and certainly none that can guarantee equal cultural
rights, if it does not fully integrate women’s participation from the very beginning.
12.
The Special Rapporteur recognizes the serious legacies of past communal violence,
conflict, forced displacement, human rights abuses, discrimination and extreme nationalism.
Addressing such legacies is crucial to a long-standing resolution.
Technical committees
13.
The peace talks have allowed for the creation of Technical Committees, tasked with
building trust, facilitating cooperation between Greek Cypriots and Turkish Cypriots and
creating a conducive environment for the talks. This is a highly positive step. The Special
4