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destruction go unnoticed. 3 Given that destruction of cultural heritage is most often
irreversible, even in this digital age, we must come together to prevent and stop, as
a matter of priority, such deliberate attacks on cultural rights and the culture of
humanity.
II. The human rights meaning of “cultural heritage”
6.
Cultural heritage is significant in the present, both as a message from the past
and as a pathway to the future. Viewed from a human rights perspective, it is
important not only in itself, but also in relation to its human dimension, in particular
its significance for individuals and communities and their identity and development
processes (see A/HRC/17/38 and Corr.1, para. 77). Cultural heritage is to be
understood as encompassing the resources enabling the cultural identification and
development processes of individuals and groups, which they, implicitly or
explicitly, wish to transmit to future generations (ibid., paras. 4-5). It is critical to
emphasize the connections between culture more broadly and cultural heritage, and
to recognize cultural heritage as living and in an organic relationship with human
beings. This encourages its preservation and discourages its destruction. The Special
Rapporteur notes the holistic approach to examining the interconnections between
tangible and intangible cultural heritage taken by many experts. Attacks on one form
of heritage are often accompanied by assaults on the other. She intends to illustrate
those interconnections in this report, while noting the particular logistical aspects of
the destruction and preservation of tangible cultural heritage due to its physical
manifestations and the particular legal standards that pertain thereto.
7.
As argued in many submissions received by the Special Rapporteur, including
those of a number of States, because the tangible and intangible dimensions of
cultural heritage are closely interconnected, destructio n of the tangible is linked to
destruction of the intangible, such as religious and cultural practices related to
cultural sites and objects. This impedes its transmission to future generations. 4 For
example, ancient languages and religious practices tied to sacred spaces and
structures and cultural landscapes of northern Iraq and the Syrian Arab Republic are
being lost as populations are displaced and objects, texts and historic structures are
destroyed. Combined attacks on cultural heritage and people and their cultural rights
spread terror, fear and despair. 5
8.
While specific aspects of heritage may have particular resonance for and
connections to particular human groups (see A/HRC/17/38 and Corr.1, para. 62),
damage to any cultural property damages the cultural heritage of all humankind,
since each people makes its contribution to the culture of the world. For example,
“the destruction of tombs of ancient Muslim saints in Timbuktu, a common heritage
of humanity, is a loss for us all, but for the local population it also means the denial
of their identity, their beliefs, their history and their dignity”. 6 As Judge Cançado
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See the submission of Cultural Survival which asserts “daily” occurrence of such violations.
See, inter alia, the submissions of the Dominican Republic, El Salvador, Greece, Guatemala, the
Philippines, the Organization of Islamic Cooperation, and Maider Maraña.
Submission of Patrice Meyer-Bisch.
Office of the United Nations High Commissioner for Human Rights, “‘A very dark future for the
local populations in Northern Mali’, warn UN experts”, 10 July 2012. See also the submissions
of Belgium and Mauritius.
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