A/HRC/37/55/Add.1 diverse interests of individuals and groups according to their relationship with specific cultural heritages,28 and a good balance has to be reached between the need to offer access and the requirement to ensure security. Security must be guaranteed in the light of past acts of wanton destruction. However, oversecuritization bears other risks, notably of exclusion and alienation. Restrictive measures on access must respect international standards regarding possible limitations to human rights, in particular cultural rights. 91. There is a clear need to build greater trust between the Serbian Orthodox Church and the Kosovo authorities and to have good institutional channels and mechanisms to ensure dialogue. In this regard, the Special Rapporteur regrets that the Implementation and Monitoring Council, as planned under Annex V of the Ahtisaari Plan, after successful beginnings, seems to be deadlocked since 2015. She encourages the Serbian Orthodox Church and the Kosovo authorities to take steps to show their good will in making this mechanism work again and to reactivate and enhance mechanisms for cooperation. She notes the assertion made by the Kosovo authorities that such cooperation is being developed and hopes that this process will continue and accelerate. 92. A solution, based on mutual respect and respect for international standards on human rights and cultural heritage, needs to be achieved for the Church of Christ the Saviour in Pristina. This is a controversial topic in Kosovo, about which there are opposite narratives. On 13 November 2017, the Kosovo Appeals Court granted the Serbian Orthodox Church landownership rights to the Church that had been a source of dispute since the 1990s, rejecting an appeal from the University of Pristina. Pending final resolution, it is important that the dignity of the site be respected and ensured. 93. While expressing recognition of the tremendous efforts of international actors, including KFOR, to protect cultural heritage in Kosovo, the Special Rapporteur notes that a number of Serbs, including officials, expressed particular concern that some destruction of or damage to heritage of special significance to them took place when such international actors were present in Kosovo or were even allegedly in the vicinity of the sites. She believes it would be important to undertake thorough reviews of both best practice and any failures on the part of international actors in this regard so as to improve practice going forward. 94. More must be done to facilitate reconstruction and necessary repairs to cultural heritage sites belonging to the Serbian Orthodox Church, in consultation with those connected to the sites. Decisions in this regard should be taken in accordance with human rights, including cultural rights, and the relevant technical standards, and not for political considerations or so as to constitute reprisals. 95. The Special Rapporteur was pleased to meet in Belgrade with representatives of the more than 200,000 internally displaced persons from Kosovo, who stressed the importance of visiting cultural sites, including churches and cemeteries, on return visits to Kosovo. Reports of cultural heritage destruction, which they saw as an attempt to wipe out their history, came as especially heavy blows to this population. They were particularly distressed by reported vandalism at Serb cemeteries in Kosovo, which was especially upsetting to elderly internally displaced persons who had undertaken return visits. They sometimes feel unwelcome during such visits, and their perception is that they cannot access some areas. 96. The Special Rapporteur recommends that every effort be made to guard and restore the dignity of the cemeteries of all, and that particular care be taken to protect the cemeteries of displaced populations who are not in a position to maintain ongoing upkeep. Return visits are vital for the cultural rights of internally displaced persons, and funding is needed to ensure that this can continue. 28 See A/71/317, para. 14; A/HRC/17/38, paras. 78-79; and A/HRC/34/56/Add.1, para. 6. 17

Select target paragraph3