A/HRC/17/38 general public accessing the cultural heritage of others. Interestingly, the Faro Convention refers to the notion of “heritage community”, which “consists of people who value specific aspects of cultural heritage which they wish, within the framework of public action, to sustain and transmit to future generations.”55 This implies that concerned communities may reunite people from diverse cultural, religious, ethnic and linguistic backgrounds over a specific cultural heritage that they consider they have in common. 63. This distinction has important implications for States, notably when establishing consultation and participation procedures, which should ensure the active involvement of source and local communities, in particular. Therefore, general calls for public participation may not be sufficient. Taking into consideration the varied situations of individuals and groups is also of importance when States, or courts, are required to arbitrate conflicts of interests over cultural heritage. B. State obligations 64. The language used to describe State obligations in cultural heritage instruments and human rights instruments differ. Within the framework of UNESCO and WIPO, “protection”, “preservation” and “safeguard” have different meanings. While “preservation” is used for tangible heritage with a focus on maintaining their “authenticity” and “integrity”; “safeguarding” focuses on the “viability” and “continuity” of intangible heritage. “Protection” at WIPO means protecting the creativity and distinctiveness inherent in expressions against unauthorized or illegitimate use by third parties.56 65. In the human rights language, State obligations are commonly described following the typology of respect, protect and fulfil. These obligations can be elucidated taking into consideration relevant elements in cultural heritage instruments, interpretation of relevant human rights provisions, based in particular on general comment No. 21, and the development of good practices at the regional and national levels. 66. The obligation to respect requires States to refrain from interfering, directly or indirectly, with the right to access and to enjoy cultural heritage, while their obligation to protect requires that they prevent third parties from interfering with that right. General comment No. 21 stresses in particular that States have the obligation to: (a) Respect and protect cultural heritage in all its forms, in times of war and peace, and natural disasters; (…). (b) Respect and protect cultural heritage of all groups and communities, in particular the most disadvantaged and marginalized individuals and groups, in economic development and environmental policies and programmes; (…). (c) Res-pect and protect the cultural productions of indigenous peoples, including their traditional knowledge, natural medicines, folklore, rituals and other forms of expression; This includes protection from illegal or unjust exploitation of their lands, territories and resources by State entities or private or transnational enterprises and corporations.57 67. The obligation to fulfil requires States to take appropriate measures aimed at the full realization of the right to access and enjoy cultural heritage by all, and at improving the 55 56 57 Council of Europe Faro Convention, art. 2(b). WIPO, op. cit., p. 18. General comment No. 21 (2009), para. 50. 17