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restrictions on the travel of those working to protect heritage. As a consequence,
their access to necessary guidance and support is denied and their access to cultural
heritage is limited.
74. Article 15 of the 1954 Hague Convention provides that personnel engaged in
the protection of cultural heritage are to be respected and must be allowed to carry
on their work if they and the cultural property for which they are responsible fall
into the hands of an opposing State party. In accordance with article 17 (2) (c) of the
Convention, the distinctive emblem of cultural property, the Blue Shield, may be
employed as a means of identification of such persons.
75. In many circumstances, defenders of cultural heritage acting in accordance
with international human rights norms should be recognized as cultural rights
defenders, and thus as human rights defenders. In line with the Declaration on the
Right and Responsibility of Individuals, Groups and Orga ns of Society to Promote
and Protect Universally Recognized Human Rights and Fundamental Freedoms,
States should recognize the legitimacy of their work, address the threats and risks
that they face and guarantee them, in their defence of human rights, a sa fe, enabling
environment.
VI. Conclusions and recommendations
76. Today, in our collective role as custodians of the past achievements of
humanity, we are faced with a stark choice. Will we engage with cultural
heritage in its diversity in such a way as to allow cultural rights to flourish and
will we protect it, teach youth about it, learn from it and from the history of its
destruction, and make use of heritage and its reconstruction to understand
ourselves and find solutions to the grave problems that we face? Will we be up
to the challenge of protecting the heritage of humanity? If the answer is no, the
rights of current generations will be violated, and we will incur the scorn of
future generations. Would we not prefer to bequeath a richer legacy?
77. The intentional destruction of cultural heritage is a human rights issue.
The approach to stopping it needs to be a holistic one, encompassing all
regions, focused on both prevention and punishment, and targeting acts
committed by both State and non-State actors, in conflict and non-conflict
situations. We must not only respond urgently, but also take the long view.
78. To effectively prevent and stop intentional destruction of cultural heritage
as a violation of human rights, the Special Rapporteur recommends that States:
(a) Respect and protect tangible and intangible cultural heritage, both
nationally and transnationally;
(b) Ratify the core cultural heritage conventions, including the 1954
Hague Convention for the Protection of Cultural Property in the Event of
Armed Conflict and the 1954 and 1999 Protocols thereto, and other relevant
standards, such as the International Covenant on Economic, Social and
Cultural Rights and the Optional Protocol thereto, the Rome Statute of the
International Criminal Court and the 1977 Protocols Additional to the Geneva
Conventions of 1949; and urgently enact implementing legislation so as to
enable full implementation of those conventions;
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