A/76/178
33. The destruction of cultural heritage 38 has a deleterious effect on preserving
histories of cultural diversity and mixing. Conversely, its preservation in accordance
with international standards, in all its hybridity and employing a human rights
approach, can help guarantee cultural rights. The Special Rapporteur welcomes new
participatory museum and heritage initiatives across the Africa region to this end. 39
D.
Obstacles, challenges and ways forward
34. Factors that may undermine possibilities for cultural fusions include puritanical
and fundamentalist approaches to diverse religions (A/HRC/34/56; and A/72/155),
and refusals to allow ideological diversity in contexts of political repression. They
include simplistic approaches that fail to take into consideration or d ocument diverse
cultural elements, including oral traditions, in a way that reflects the granularity of
cultures. Discrimination and refusal to accept the existence of and traces of different
identities are a major obstacle. 40 Past histories of violence, discrimination and
repression may render these topics taboo. Narrow authenticity discourses – sometimes
advanced ostensibly to protect cultural rights – that are based on static ideas about
culture, identities and homogenous pasts are also problematic. Many experts stressed
the need to transcend multiculturalism and the segregation it sometimes implies in
favour of interculturalism 41 or transculturalism. 42 The latter concepts evoke sharing
and cosmopolitan outlooks. All such paradigms must be embedded in a framework of
equality and human rights.
35. Refusal to respect cultural mixing or mixed cultural identities leads to many
human rights violations, including some the Special Rapporteur has previously
documented. For example, the 2012 destructions of mausoleums by fundamentalist
groups in northern Mali were understood by Malian experts to have been carried out
because this heritage – which is vital for local religious and cultural practice –
represents a mixing of cultures from Africa and the M iddle East. 43 Rejections of
syncretism and mixing has also led to attacks on religious sites and relics important
for some Afro-Brazilians, such as the destruction of terreiros from Umbanda and
Candomblé. 44 Numerous terror attacks in Afghanistan, such as at a Sikh temple in
March 2020, in which 25 people were killed, or at the American University of
Afghanistan, reflect similar opposition to mixing. 45
36. At the same time, the international community must recognize and respond to
histories of and ongoing realities of cultural hegemony, cultural assimilation and
cultural genocide (A/71/317, paras. 28–29), as well as the commercialization and
homogenization of cultures and their impacts, in particular, o n indigenous and
colonized peoples, and some minorities. Syncretism may be challenged by those who
argue that it has not been voluntary in some settings and is hence violative of cultural
rights. Corporatized projects of traversing or “borrowing” cultures for commercial
purposes, or globalization from above and its cultural effects, can lead to the
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39
40
41
42
43
44
45
10/22
See www.files.ethz.ch/isn/50179/2008_March_Wahabism.pdf, pages 5–6.
See www.theartnewspaper.com/comment/a-new-kind-of-museum-with-narratives-on-equal-terms.
See www.theartnewspaper.com/news/national-trust-report-colonial-slavery-history-charity-la.
“From conflict to conviviality”, Luísa Santos and Ana Fabíola Maurício, Art and Human Rights
Conference, Gulbenkian Foundation (20 May 2021).
In transcultural approaches, acknowledgment of cultural variation is accepted a nd perceived as
the normative state. See www.eera-ecer.de/ecer-programmes/conference/22/contribution/39868/.
See www.icc-cpi.int/RelatedRecords/CR2017_05022.pdf.
See, e.g., https://direito.mppr.mp.br/arquivos/File/RelatorioIntoleranciaViolenciaReligiosaBrasil.
pdf.
See www.aihrc.org.af/home/press_release/8810.
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