A/HRC/40/53
destruction in the landmark case of The Prosecutor v. Ahmad Al Faqi Al Mahdi, the first
case in which destruction of cultural heritage was the charge and that was tried as a standalone war crime. The resulting brief for the Court outlines a human rights approach that can
be referenced in other cases in the future.9
32.
The Special Rapporteur is grateful for the invitations she has received and the
cooperation of States and civil society in the conduct of country missions. She is unable to
undertake here a full review of all the countries visited, but emphasizes that full
implementation of her recommendations remains outstanding. In future, she hopes to
conduct further assessments of the progress made.
C.
Work on specific cases through communications
33.
One important tool for the Special Rapporteur to increase respect for cultural rights
is the use of the communications procedure, under which she can raise specific cases of
alleged violations. Since the creation of the mandate, 119 such communications have been
sent out including 41 urgent appeals, covering the various themes explored by the
mandate.10 Cases can be submitted for the Special Rapporteur’s consideration by, among
others, individuals, victims, family members and civil society organizations.
34.
Since cultural rights had not previously been much addressed by complaint
mechanisms, the majority of the communications sent out required development of a
relevant framework and language to assess situations of alleged violations. Each
communication provided an opportunity to show the impact of violations of cultural rights
in specific contexts. As most communications are sent jointly with other relevant special
procedures mandate holders, they also represent an opportunity to increase awareness of
cultural rights in the United Nations human rights system and to strengthen the
indivisibility and interdependence of human rights.
35.
The Special Rapporteur is particularly glad to have received responses to
76 communications (63 per cent) and considers this interaction a positive sign of the
engagement of States, although she regrets the instances in which no response, or an
insufficient response, has been received. Some States have repeatedly failed to reply to
pressing concerns raised.
36.
The number of communications issued by the mandate does not reflect the state of
violations of cultural rights. Many persons whose cultural rights are being violated are
unaware of the procedure. The Special Rapporteur will continue to share information about
the mechanism at every opportunity and welcomes the support of all stakeholders in
increasing its visibility and accessibility.
37.
The Special Rapporteur also regrets that capacity limits the number of
communications she is able to send. Her ability to increase the number in the future is
dependent on increased support and staffing. There also need to be more possibilities for
follow-up to and assessment of responses.
38.
In some instances, communications sent out have contributed to raising awareness of
certain problematic situations or laws and have supported the advocacy of other actors, or
assisted in obtaining remedies. However, in other cases, the Special Rapporteur remains
deeply concerned owing to the failure of States to take the necessary measures. In
particular, she reiterates her call for the immediate release of Cheikh Ould Mohamed
M’kheitir, a Mauritanian blogger who challenged the use of religious justifications for caste
discrimination and whose health is reportedly deteriorating; Ashraf Fayadh, a Palestinian
9
10
8
See www.icc-cpi.int/RelatedRecords/CR2017_05022.pdf.
On how to submit allegations of violations, see
www.ohchr.org/EN/Issues/CulturalRights/Pages/ComplaintsSubmission.aspx.
Communications are available from https://spcommreports.ohchr.org/Tmsearch/TMDocuments.