A/HRC/25/49/Add.1
justice strategies, and that they develop a “public/educative” purpose, which they currently
lack. In sections dealing specifically with memorials, the strategy proposes that a set of
common standards and criteria be developed through a participatory process for both
memorial monuments and commemorative activities. It envisages the creation of a national
memorial to all the victims of war in Bosnia, and the construction of similarly inclusive
memorials in every local community. It also recommends that an enacted framework law
and policy at the State level fully regulate the issue. The Special Rapporteur hopes that such
initiatives will be concretized.
V.
Conclusions and recommendations
97.
Twenty years after the war, divisions between communities in Bosnia and
Herzegovina are much greater at the political level than on the ground. People,
especially youth, often express a desire to overcome divisions that they see as imposed
on them on a daily basis, creating absurd situations.
98.
While contrasting perspectives exist regarding the country’s future and its
political and administrative organization, the Special Rapporteur does not believe that
such perspectives are irreconcilable. Building a common future for all citizens can be
achieved while also addressing the concerns of those who fear being subjected to
assimilation policies.
99.
Too often, however, culture and education are hijacked by the rhetoric of
difference, with an immense, detrimental impact on artistic, cultural, scientific and
academic life in the country, and on the right of all persons, without discrimination, to
enjoy their cultural rights and to have full access to their cultural heritage in all its
rich diversity.
100. Cultural rights, including linguistic rights, have been seriously misinterpreted
by a number of actors to justify policies of separation and the establishment of
hermetically sealed communities. The right to be taught in one’s mother tongue
cannot justify segregation; no one should invoke cultural diversity to infringe upon
human rights guaranteed by international law, nor to limit their scope. In particular,
the three official languages and the two scripts officially recognized in Bosnia and
Herzegovina must not be considered a reason for separation but rather an asset that
facilitates communication and openness to others.
101. Irrespective of the country’s current structure or its future, it is essential, from
a cultural rights perspective, that people be free to have access to their cultural
heritage as well as to that of others, to engage freely in cultural cooperation with
others, both within and across localities and entities, and to leave, join and create new
communities of shared cultural values. It is the responsibility of the authorities, at all
levels, to ensure and respect cultural diversity within each community, as well as
between communities.
102. A number of positive steps have been taken, despite the difficult political
climate. Many efforts have been made in the area of education to establish a common
core curriculum and new pedagogical methodologies. The authorities must also be
congratulated for organizing the census of population and households in 2013.
103. The Special Rapporteur calls upon all stakeholders to urgently resolve the
status of the seven major cultural institutions, enabling them to function without
hindrance. She also warns against a system that would reinforce the divisions of
people by confining cultural institutions to Bosnian, Croatian or Serbian cultural and
artistic expressions and history, depending on the entity in which they are located.
20