A/HRC/37/29
17.
In the video, Mr. Domingo said that he had been deeply moved by the heroic stories
of those cultural heritage defenders who had taken the greatest risks to protect their cultural
heritage, sometimes even at the cost of their lives. He stressed that our best tribute to them
would be to support their work and stand with the heritage heroes of today.
18.
He underscored that it was our human right to protect and preserve cultural heritage;
to access it, enjoy it and transmit it to future generations. Those rights could not be taken
for granted and required our collective, vigorous defence. He endorsed the work of the
Special Rapporteur in the field of cultural rights.
III. Existing protection mechanisms and recent developments
A. Statements by panellists
19.
Mr. Boccardi noted that cultural rights were enablers for every other right and
ultimately for peace, security and sustainable development. Conflict would persist unless
those rights were addressed, protected and realized.
20.
He stressed that in the last 15 years the work of UNESCO had placed more emphasis
on the human dimension of culture and on its instrumental role in guaranteeing peace and
sustainable development. That had led to the adoption of the Convention for the
Safeguarding of Intangible Cultural Heritage in 2003; the Policy for the Integration of a
Sustainable Development Perspective into the Processes of the World Heritage Convention
in 2015; and the Strategy and Action Plan for the Reinforcement of Action for the
Protection of Culture and the Promotion of Cultural Pluralism in the Event of Armed
Conflict, also in 2015.
21.
The Action Plan contained several elements required for the protection of cultural
heritage, including from a human rights perspective, such as: (a) preparedness in times of
peace, including by documenting cultural heritage; (b) strengthening of national
institutional, legal and judicial frameworks; (c) adopting measures to strengthen resilience;
(d) strengthening capacity-building in the cultural heritage sector and integrating culture
and heritage within humanitarian, security and peacebuilding operations so that cultural
rights were considered in conflict prevention and recovery processes; and (e)
mainstreaming cultural rights and cultural diversity into education.
22.
Mr. Boccardi appealed to the Human Rights Council to ensure continued work on
resolution 33/20 and to support the UNESCO Strategy and Action Plan. He proposed
working collaboratively with the Special Rapporteur in the field of cultural rights on a
manual for the application of a cultural rights approach to humanitarian, security and
peacebuilding operations, as well as a human rights approach to heritage conservation. He
encouraged UNESCO and the Council to support that endeavour.
23.
Ms. Gerstenblith noted that the destruction of cultural heritage could be seen as a
security issue as well as a heritage and humanitarian concern. The destruction of cultural
heritage, alongside the suppression of other cultural rights, was an indicator — often an
early warning — of genocide and human rights abuses.
24.
With regard to legal developments, Ms. Gerstenblith welcomed recent Security
Council resolutions calling for the preservation of cultural heritage in the Syrian Arab
Republic, Iraq and Mali 2 and increased ratification and implementation of international
humanitarian law instruments that protected cultural property and cultural heritage during
armed conflict, such as the 1954 Hague Convention for the Protection of Cultural Property
in the event of Armed Conflict and its two Protocols.
25.
She also recalled the 1970 UNESCO Convention on the Means of Prohibiting and
Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property, and
welcomed the legislation adopted in Germany in 2016 broadening the application of the
2
Resolutions 2347 (2017), 2359 (2017), 2295 (2016), 2199 (2015) and 2100 (2013).
5
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