A/HRC/37/29
of cultural rights. Speakers underscored the need for a universal approach to heritage which
treated everyone’s heritage as equally important and deserving of the same respect.
95.
The axiom “no decisions about us without us” was repeated during the course of the
seminar and covered several themes, from the rights of minorities and indigenous peoples
to the implication of internally displaced persons and local populations in those decisions.
Concerning the latter, participants underscored the important role played by those who were
closely related to heritage sites.
96.
The positive impact that cultural heritage could have on sustainable development as
well as on transitional justice was also emphasized in the discussions.
B.
Recommendations
97.
The recommendations contained in the relevant reports of the Special
Rapporteur in the field of cultural rights (A/HRC/17/38, A/HRC/31/59 and Corr.1 and
A/71/317), Human Rights Council resolution 33/20 and Security Council resolutions
2199 (2015) and 2347 (2017) should be implemented in full.
98.
The following recommendations complement those contained in the documents
cited above and focus exclusively on the measures required for the adoption of a
human rights approach to the protection of cultural heritage.
Recommendations addressed to States
Ratification and implementation of international instruments and standards
99.
States should:
(a)
Ratify the core cultural heritage conventions and other relevant
standards for the protection of cultural heritage, including:
(i)
The 1954 Convention for the Protection of Cultural Property in the
Event of Armed Conflict and the 1954 and 1999 Protocols thereto;
(ii)
The 1970 Convention on the Means of Prohibiting and Preventing the
Illicit Import, Export and Transfer of Ownership of Cultural Property;
(iii) The 1977 Protocols Additional to the Geneva Conventions of 12 August
1949;
(iv) The 2003 Convention for the Safeguarding of the Intangible Cultural
Heritage;
(v)
The Rome Statute of the International Criminal Court;
(vi) The International Covenant on Economic, Social and Cultural Rights
and the Optional Protocol thereto;
(b)
Enact domestic legislation that enables full implementation of those
conventions;
(c)
Make use of the universal periodic review to encourage other States to
ratify them.
Institutional, legal and judicial framework
100.
States should:
(a)
Ensure that national institutional, legal and judicial frameworks for the
protection of cultural heritage address tangible and intangible heritage, and
strengthen these using a human rights approach;
(b)
Ensure that policies related to the protection, safeguarding and
preservation of cultural heritage adopt a human rights approach. Such an approach
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