A/71/317
similar prosecutions in future, and reminds States of the vital need to collect and
preserve evidence of any such crimes, including in conflict and post -conflict
situations.
55. The focus of a human rights approach to prevention must be, in particular, on
education on the importance of cultural heritage and cultural rights and a teaching
of history that stresses its complexity (see A/68/296, para. 88 (a)). For cultural
heritage to be safeguarded over the long term, young people must be positively
engaged in this process.
56. Cultural heritage should build bridges, not walls. It can be a means of bringing
people together. Just as the intentional destruction of cultural heritage has a
devastating impact on cultural rights, protecting cultural heritage can have a
positive impact on morale and rights in situations of conflict or repression. In this
regard, the motto of the National Museum of Afghanistan, where some 2,750 pieces
were destroyed by the Taliban in 2001, is the following: “A nation stays alive when
its culture stays alive.”
57. Acts of deliberate destruction must be addressed within the context of holistic
strategies for the promotion of human rights and peacebuilding. Peacebuilding
processes, as well as processes of truth and reconciliation, should include the issue
of cultural heritage (A/HRC/17/38 and Corr.1, para. 15).
58. Adopting a human rights approach entails consulting the people who have
particular connections with heritage, including for the purpose o f understanding and
incorporating the multiplicity of interpretations of that heritage, and determining
whether (or not) they wish to rebuild, reconstruct and re -establish such a heritage
and if so, how. Such consultations must include marginalized groups; further,
women must be fully involved. 43 Consultations must aim at obtaining free, prior and
informed consent, in particular where the rights of indigenous peoples are at stake.
B.
A human rights approach to cultural heritage in armed conflict or
situations of occupation
59. While greatly valuing the role of international humanitarian law and the work
of the International Committee of the Red Cross, the Special Rapporteur considers
that a human rights approach to armed conflict is an important c omplement to
approaches on international humanitarian law. 44
60. There is no provision on derogation in the International Covenant on
Economic, Social and Cultural Rights and the Committee on Economic, Social and
Cultural Rights has confirmed that the Covenant applies in times of conflict or
emergency (E/2015/59, paras. 12-15). The Committee has noted “that even during
armed conflict, fundamental human rights must be respected and that basic
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For a discussion of this point, emphasizing the role of the Internet, see the submission of the
Association for Progressive Communications.
Karima Bennoune, “Toward a human rights approach to armed conflict: Iraq 2003”, U.C. Davis
Journal of International Law and Policy, vol. 11 (2004), p. 172. On the need for such an
approach, see Frédéric Mégret, “What is the ‘specific evil’ of aggression?”, in The Crime of
Aggression: A Commentary, Claus Kreß and Stefan Barriga, eds. (Cambridge, United Kingdom,
Cambridge University Press, 2016), sect. 51.3.3, “The deference of international human rights
law”, pp.1424-1428.
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