A/HRC/49/54
17.
The Special Rapporteur wishes to continue the work under the mandate on historical
and commemorative narratives and to further discuss majority-biased, elitist and/or one-sided
historical narratives promoted by the State under the banner of strengthening its national
identity. She will pay special attention to the problem of weaponizing the teaching of history
to support State narratives of monoculturalism. Positive changes in the teaching of history
must be highlighted and shared, in such ways as operationalizing provisions in several
minority rights instruments, including article 4 (4) of the Declaration on the Rights of Persons
Belonging to National or Ethnic, Religious and Linguistic Minorities, article 12 of the
Framework Convention for the Protection of National Minorities and case law of regional
human rights bodies. Thanks to the work of the Special Rapporteur on the promotion of truth,
justice, reparation and guarantees of non-recurrence, who is increasingly emphasizing the
role of historical narratives and memorialization in transitional justice processes,
stakeholders active in these areas now have two mandates to promote and protect their rights.
18.
The rights of professionals working in the area of cultural heritage were addressed by
the Special Rapporteur’s predecessors. History and heritage professionals and their specific
challenges in terms of cultural rights were highlighted in the reports on access to and
enjoyment of cultural heritage,9 on the intentional destruction of heritage,10 on the writing
and teaching of history 11 and on memorialization processes in post-conflict and divided
societies.12 Discussion on such issues is also pursued through the Human Rights Council, and
a recurring Council resolution on cultural rights and the protection of cultural heritage
provides for the further involvement of many stakeholders concerned.13
19.
The Special Rapporteur is looking forward to contributing to these continuing debates
in the coming years. She is particularly interested in the rights of marginalized groups to their
cultural heritage; the rights of refugees, migrants, minorities and indigenous peoples to their
cultural heritage and ways these rights can be operationalized require further discussion. The
active participation of and consultation with members of these groups in all discussions
relating to their cultural heritage are unfortunately not always in place. Discussions between
experts, curators and professionals with the owners of the cultural heritage can be improved.
Difficult discussions about cultural heritage, such as monuments and street names that are
vestiges of colonialism or slavery, also need to be further explored. The Special Rapporteur
would like to invite all stakeholders to share relevant good practice and to raise issues of
concern.
20.
The rights of artists and artistic freedom have also been a focus under the mandate.
Through the reports on the right to freedom of artistic expression and creation, 14 on
memorialization processes of the events of the past in post-conflict and divided societies, 15
on copyright law and policy from the perspective of the right to science and culture16 and on
the role of cultural initiatives in creating and developing rights-respecting societies, 17
previous mandate holders have provided important insight into the conditions of artists and
cultural operators and the specific challenges they face in exercising their cultural rights and
in making cultural and creative processes accessible to others. These reports included some
discussion of their socioeconomic situations. Several mechanisms, including the Human
Rights Committee,18 have also analysed the content of freedom of artistic expression in all
its forms and manifestations as a fundamental right inherent to all persons and an
indispensable requirement for the existence of a democratic society.
21.
The Special Rapporteur would also like to focus on the rights of artists who belong to
marginalized sections of the population, including migrant artists, lesbian, gay, bisexual,
transgender and intersex artists and artists with disabilities. An intersectional approach and
9
10
11
12
13
14
15
16
17
18
6
See A/HRC/17/38.
See A/71/317.
See A/68/296.
See A/HRC/25/49.
See Human Rights Council resolutions 33/20 and 37/17.
See A/HRC/23/34.
See A/HRC/25/49.
See A/HRC/28/57.
See A/HRC/37/55.
Human Rights Committee, general comment No. 34 (2011), para. 11.