A/HRC/43/50
61.
The Special Rapporteur was sorry to learn that some of those who systematically
raise such issues as discrimination against persons with disabilities inside cultural
institutions – even in countries with legal commitments to disability rights, such as the
United States – find they are putting their jobs at risk by doing so. This is unacceptable.
Addressing accessibility of arts and culture, and discrimination in the culture sector, is a
core component of cultural work. Cultural institutions that are not considering these issues
are not fulfilling their mandates.
62.
As noted by the Special Representative of the Secretary-General on human rights
defenders, the national legal framework regulating the enjoyment of economic, social and
cultural rights generally is often weak. In particular, there is regularly a lack of redress
mechanisms available to cultural rights defenders and to ensure the effective protection and
justiciability of cultural rights (A/HRC/4/37, paras. 80 and 81).
63
In specific contexts, challenges may arise owing to general repression of cultural
rights by State and/or non-State actors, including: by enshrining overly restrictive
regulations of expression; by undermining the separation of religion and State that is
essential for enjoyment of cultural rights by all; 41 through the intentional destruction of
cultural heritage; or as a result of enforced erasure of cultural identity. Fundamentalist and
extremist ideologies, especially how they attempt to stamp out diversity and dissent, have
particular effects on the cultural rights of women, minorities and lesbian, gay, bisexual,
transgender and intersex persons (A/HRC/40/53, para. 29), and non-religious persons. Both
terrorism targeting cultural sectors and spaces and the misuse of anti-terrorism legislation
pose significant threats.42
64.
Cultural rights defenders may be prohibited from continuing their cultural work as
retribution for their defence of cultural rights, or their work may be attacked or destroyed.
Prohibitions on exhibiting one’s work or performing, and denial of access to cultural spaces
for doing so, are sometimes used as retaliation. For example, in 2017, the publishing house
of Lithuanian writer Ruta Vanagaite terminated relations with her, removed remaining
copies of her books from circulation and threatened to destroy them because of her
criticism of a Lithuanian nationalist widely perceived as a hero. Ms. Vanagaite touched on
sensitive historical issues in her most recent book, Mūsiškiai (Our People), published in
2016, which discusses the role of Lithuanian nationalists in the persecution of Jewish
Lithuanians during World War II.43 In 2018, many concerts of IC3PEAK, a young Moscow
experimental electronic band, were cancelled or disrupted in cities in the Russian
Federation as a result of the actions of city administrations, firefighters and police. The
group’s songs touch on the topics of protests and arbitrary arrests. 44
65.
The threat of catastrophic climate change is today one of the greatest threats to
culture, cultural rights and the work of cultural rights defenders (A/HRC/40/53). Climate
change is not only a threat to the physical survival of many, but a threat to cultural survival.
For this reason, it will be the topic of the Special Rapporteur’s report to the General
Assembly in 2020. All too often, the impacts on culture and cultural rights and the
importance of culture, cultural heritage and traditional knowledge, 45 and the role of cultural
rights defenders in responding to climate change and developing resilience, are minimized
or overlooked.
66.
As with other human rights defenders, the risks and challenges faced by cultural
rights defenders vary depending on the context, whether they are: at home, able to do their
work and function ordinarily; at home but facing risks or persecution from State and/or
non-State actors; fleeing persecution and on the move; seeking asylum; or in exile,
41
42
43
44
45
14
A/72/155, para. 11; A/HRC/34/56, paras. 38 and 97 (p).
Freemuse, The State of Artistic Freedom 2019: Whose Narratives Count? (2019).
PEN America, “Lithuanian writer Ruta Vanagaite’s publisher set to pulp more than 27,000 of her
books”, press release, 5 December 2017.
Meduza, “‘No reactive measures were taken’: Russian prosecutors blame mass cancellations of pop
and rap concerts on concert organizers themselves”, 8 April 2019.
International Council on Monuments and Sites, The Future of Our Pasts: Engaging Cultural Heritage
in Climate Action (Paris, 2019).