A/HRC/17/38 important component of the cultural identity of communities, groups and individuals, and of social cohesion, so that its intentional destruction may have adverse consequences on human dignity and human rights”.18 21. In parallel, although the right to cultural heritage does not appear per se, references to cultural heritage have emerged in international human rights instruments and in the practice of monitoring bodies. The link between cultural heritage, cultural diversity and cultural rights has been strengthened. There is a better understanding today that, in order to respect and protect cultural identity, tangible cultural heritage should be preserved with a view to maintaining its authenticity and integrity, intangible cultural heritage should be safeguarded to ensure viability and continuity, and rights of access to and enjoyment of cultural heritage should be guaranteed. 22. Within international law instruments and practice, references can be found on the participation of communities and individuals in cultural heritage, as well as their access to and enjoyment of cultural heritage. Indeed, participation, access and enjoyment are closely interrelated. A. UNESCO instruments 23. Although UNESCO instruments do not generally specify the rights of individuals and/or communities to cultural heritage, several entry points in the instruments themselves, or developed through practice, invite the adoption of a human rights-based approach. In particular, a shift can be seen from the preservation/safeguarding of cultural heritage for the public at large to the preservation/safeguarding of cultural heritage of and for communities, involving them in the processes of identification and stewardship. 24. Increasing recognition to community involvement has been accorded over the years under the Convention concerning the Protection of the World Cultural and Natural Heritage. In 2007, the World Heritage Committee introduced an additional strategic objective, calling on States to enhance the role of communities in the implementation of the Convention. Furthermore, the Operational Guidelines of the Convention consider local communities as partners and strengthen community involvement in nomination, management and monitoring,19 which constitutes a significant step. 25. The Convention for the Safeguarding of the Intangible Cultural Heritage is more specific and recognizes that “communities, in particular indigenous communities, groups and, in some cases, individuals play an important role in the production, safeguarding, maintenance and recreation of the intangible cultural heritage”.20 The Convention, together with its Operational Directives, emphasizes that State activities can only be undertaken with the active involvement or participation of concerned communities, groups and individuals.21 In particular, their free, prior and informed consent is required for inscribing intangible cultural heritage elements on the List of Intangible Cultural Heritage in Need of Urgent 18 19 20 21 8 UNESCO Declaration on the Intentional Destruction of Cultural Heritage, preamble. Operational Guidelines for the Implementation of the World Heritage Convention, WHC. 08/01, January 2008, paras. 39-40. Convention for the Safeguarding of the Intangible Cultural Heritage, preamble. Ibid., arts. 11 and 15; and Operational Directives for the Implementation of the Convention for the Safeguarding of the Intangible Cultural Heritage, 2010, dirs. 1, 2, 7, 12, 23, 79-82, 88, 101, 109, 157, 160 and 162.

Select target paragraph3