A/HRC/52/35 I. Introduction 1. An estimated 280 million people, approximately 3.6 per cent of the world population, currently live outside their country of origin. 1 The reasons for their displacement are numerous: some may have chosen to leave to pursue better opportunities elsewhere; many are compelled to leave for a complex combination of reasons, including poverty, lack of access to health care, education, water, food, housing and the consequences of environmental degradation and climate change; and others are forced to flee persecution and conflicts. Such displacements, and the related loss of security, bearings, properties, networks and relationships, increase their vulnerability to human rights violations, including violations of their cultural rights. 2. The cultural rights of migrants have not been the focus of attention in human rights thus far. Other rights, such as the prohibition of non-refoulement, the right to security and the right to asylum have taken precedence, as they should because of the urgency of the violations committed against them. However, the cultural rights of people must not be undermined or pushed aside. Importance of the topic 3. Migration often turns individuals from being part of a majority to being part of a minority; from being part of the mainstream society to being part of peripheral and often marginalized communities and hence makes their cultural rights more vulnerable. Migration means that cultural objects of importance are often forcibly left behind, frequently because of the limitations of existing trade law. Migration brings with it the loss of important places, communities and relationships, tools or instruments; the rising costs of goods and services that impact on the ability to continue meaningful heritage practices; the loss of a broader supportive community that fosters intergenerational transmission; and sometimes even resistance or opposition to continuing certain heritage practices in the new home country.2 A generational gap between the older generations of migrants, who have strong cultural frameworks from their societies of origin, and the younger generations, who have internalized the cultural values and practices of the host societies, may also have a negative impact on the cohesion of the community. That often creates tensions within communities. The grief stemming from losing the connection with one’s familiar cultural environment can lead to cultural bereavement and an identity crisis.3 4. The Special Rapporteur emphasizes that migration also has positive effects for the cultural rights of all involved, as the change of circumstances requires the rethinking and renegotiation of cultural meanings and norms. As cultures are dynamic, such revisions come from the individuals and groups themselves. The process of being open to other cultural frameworks expands horizons, creates innovative ideas and theories through the fusion of cultural references and evolves cultures, individuals and groups to better adapt to current realities, both local and global.4 Migration offers at times the freedom to redefine oneself, to choose again or confirm the cultural references and norms that are important. 5. Migration is also positive for the cultural dynamic of host societies. Such societies also experience changes in their cultural norms because of the newcomers. They are also pushed, willingly or not, to face their attitudes, values and ideas and to renegotiate their cultural spaces. Such organic processes may create uncertainty and fear of “the other”, the 1 2 3 4 2 See www.ohchr.org/en/migration. See submissions by the International Council on Monuments and Sites and the British Institute of International and Comparative Law in response to the Special Rapporteur’s call for inputs to the present report. The contributions received are available on the web page of the mandate at https://www.ohchr.org/en/calls-for-input/2022/call-inputs-report-cultural-rights-and-migration. Danilo Giglitto, Luigina Ciolfi and Wolfgang Bosswick, “Building a bridge: opportunities and challenges for intangible cultural heritage at the intersection of institutions, civic society, and migrant communities”, International Journal of Heritage Studies, vol. 28, No. 1 (2022). See, for example, the UNESCO “Arab Latinos” initiative, available from www.unesco.org/en/articles/arab-latinos-initiative-promotes-intercultural-dialogue-social-cohesion. GE.23-01011