A/HRC/43/50
culture, cultural rights and the work of cultural rights defenders across all work on human
rights defenders is urgently needed.
C.
Implementation mechanisms
46.
The United Nations mandate on cultural rights celebrated its tenth anniversary in
2019 (A/HRC/40/53). Throughout its tenure, it has raised issues and cases related to
cultural rights defenders, in the context of thematic and country reports, and in
communications31 and public statements32 about cases in all regions. The current Special
Rapporteur has striven to ensure that cultural rights defenders are heard in the United
Nations system, including through side events and expert meetings, but has sometimes
faced financial and logistical challenges in doing so, including the difficulty of obtaining
visas. She also regrets instances in which cultural rights defenders she has met on mission
have reportedly faced reprisals, or have had to fear meeting with her openly.
47.
The mandate of the Special Rapporteur on the situation of human rights defenders
was established in 2000 (as a special procedure) to support implementation of the
Declaration on Human Rights Defenders. 33 The mandate has produced numerous reports
that offer tools and recommendations that are useful for protection and support of cultural
rights defenders, including those that focus on human rights defenders working in the field
of economic, social and cultural rights (A/HRC/4/37), violations by non-State actors
(A/65/223), safe and enabling environments (A/HRC/25/55), and impunity (A/74/159).
48.
The Special Rapporteur in the field of cultural rights, and the Special Rapporteur on
the situation of human rights defenders both have communications procedures under which
cases of alleged violations can be raised confidentially with States and other actors, to be
published later along with any reply. 34 To date, the cultural rights and human rights
defenders mandates have sent approximately 25 joint communications, sometimes
involving other special procedures, regarding cases in 15 countries and nearly every region.
Replies were received in 13 cases. These have covered a range of issues related to cultural
rights defenders, from the rights of those working to protect cultural diversity, artistic
freedom, intercultural dialogue, the cultural rights of indigenous peoples and of those
facing discrimination due to their sexual orientation or gender identity, to attacks on women
cultural rights defenders. More cases concerning violations of the rights of cultural rights
defenders should be submitted to both special rapporteurs.
49.
The Special Rapporteur on the rights of indigenous peoples produced a report in
2018 on attacks against and criminalization of indigenous human rights defenders
(A/HRC/39/17). In that report, the Rapporteur noted that the causes and impacts of
criminalization and violence affecting indigenous peoples must be understood and
addressed within the particular framework of the United Nations Declaration on the Rights
of Indigenous Peoples and international and regional human rights instruments. It was also
noted that those international legal sources recognized indigenous peoples’ rights to their
traditional lands, territories and natural resources, self-government, cultures and ways of
life. Indigenous peoples’ cultural rights are closely linked to land rights, making defence of
these sets of rights often closely interlinked.
31
32
33
34
See, e.g., communication UA BGD1/2019, 29 May 2019, available at http://bit.ly/2Ryo53q;
communication OL CUB 2/2019, 12 June 2019, available at http://bit.ly/2YvvqCl; communication
UA SDN 2/2017, 30 March 2017, available at http://bit.ly/2LE4JGb; communication AL RUS
8/2017, 17 October 2017, available at http://bit.ly/2t3qb1b; communication UA TUR 12/2017, 2
November 2017, available at http://bit.ly/2RA5Z12; communication UA USA 14/2016, 11 November
2016, available at http://bit.ly/2DXADcy; communication AL IND 15/2015, 10 December 2015,
available at http://bit.ly/2sdQMrW. The United Nations must do more to publicize such
communications and make them easier to find.
ohchr.org/en/NewsEvents/Pages/NewsSearch.aspx?MID=SR_Cultural_Rights.
ohchr.org/EN/Issues/SRHRDefenders/Pages/SRHRDefendersIndex.aspx.
www.ohchr.org/EN/HRBodies/SP/Pages/Communications.aspx.
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