A/HRC/58/60 I. Introduction 1. Digitalization is widely seen as a dynamic and innovative process that transforms how individuals engage with, preserve and share cultural heritage. 1 It is seen as a promise to overcome geographical and physical barriers, provide more equitable access to heritage and promote a fresh approach to engaging with cultural heritage.2 2. However, the Special Rapporteur in the field of cultural rights is concerned that cultural rights – understood as rights that protect the development and expression of cultural identities – have not been integrated into digitalization discussions, processes and practices. Cultural rights are the rights of individuals, groups and communities to express their humanity, their world view and the meanings that they ascribe to their existence and development through various forms of human creativity, including cultural heritage. They involve the right of individuals and communities to identify, preserve, access, engage with and transmit cultural heritage that they deem essential for expressing and developing their cultural identities.3 3. In digitalizing cultural heritage, it is important that cultural rights, including the right to cultural heritage, are fully protected. The preservation and safeguarding of cultural heritage do not automatically align with the protection of cultural rights. Protecting heritage, promoting creativity and ensuring equitable access to heritage for all can give rise to complex tensions.4 4. The Special Rapporteur argues that digitalizing cultural heritage can only be of sustainable and consistent benefit to individuals and groups if a cultural rights approach is followed. Such an approach, deeply rooted in human rights principles and standards, requires the following: first, recognition of source communities of cultural heritage and their rights; second, non-discrimination in selecting, identifying and protecting cultural heritage through culturally appropriate methods; third, real and meaningful participation in any decision-making regarding cultural heritage; fourth, respect for cultural diversity in the protection and preservation of cultural heritage; and, finally, revisability and accountability. Digitalization efforts are not solely technical processes, nor are they neutral decisions. II. Overview of activities 5. During the past year, the mandate holder either led on or joined 74 communications about alleged violations of cultural rights5 in letters addressed to 29 countries6 and to 37 other actors, such as international organizations and private companies. The Special Rapporteur thanks those stakeholders who replied to these letters.7 Thematically, the following issues were addressed: (a) The rights of everyone, including Indigenous Peoples, to take part fully in decision-making processes regarding development policies that have an impact on their cultural life, including on their ability to maintain specific ways of life and practices and transmit them to future generations. This was the case in the communications addressed to 1 2 3 4 5 6 7 GE.25-01705 Digitalization is understood as including digitization processes as well as certain artificial intelligence and machine learning processes. See A/HRC/17/38. International Covenant on Economic, Social and Cultural Rights, art. 15. See also A/HRC/17/38. A/HRC/17/38, paras. 12 and 64; and A/HRC/31/59 and A/HRC/31/59/Corr.1, para. 28. See https://spcommreports.ohchr.org/TmSearch/Mandates?m=19. The countries are: Algeria, Angola, Cambodia, China, Colombia, Ecuador, Egypt, France, Germany, Greece, Guyana, Iran (Islamic Republic of), Israel, Japan, Montenegro, Namibia, Nepal, New Zealand, Nigeria, Norway, Pakistan, Paraguay, Peru, Republic of Korea, Russian Federation, Serbia, Sri Lanka, United Kingdom of Great Britain and Northern Ireland and United States of America. All communications mentioned in the present report, and the responses thereto, are available at https://spcommreports.ohchr.org/Tmsearch/TMDocuments. 3