RES/33/20 Cultural rights and the protection of cultural heritage

GE.16-17324(E)



Human Rights Council Thirty-third session

Agenda item 3

Resolution adopted by the Human Rights Council on 30 September 2016

33/20. Cultural rights and the protection of cultural heritage

The Human Rights Council,

Guided by the purposes and principles of the Charter of the United Nations,

Recalling the Universal Declaration of Human Rights, the Vienna Declaration and

Programme of Action, the Declaration on the Right to Development and all relevant

international human rights treaties, including the International Covenant on Economic,

Social and Cultural Rights and the International Covenant on Civil and Political Rights, and

reaffirming the human rights and fundamental freedoms enshrined therein,

Recalling also General Assembly resolution 60/251 of 15 March 2006, by which the

Assembly established the Human Rights Council and in which it stated that all human

rights are universal, indivisible, interrelated, interdependent and mutually reinforcing, and

must be treated in a fair and equal manner, on the same footing and with the same

emphasis,

Convinced that damage to cultural heritage, both tangible and intangible, of any

people constitutes damage to the cultural heritage of humanity as a whole,

Noting that the destruction of or damage to cultural heritage may have a detrimental

and irreversible impact on the enjoyment of cultural rights, in particular the right of

everyone to take part in cultural life, including the ability to access and enjoy cultural

heritage,

Recognizing that safeguarding the enjoyment of cultural rights may form a crucial

part of the response to many current global challenges, including to the scourge of

terrorism,

Recognizing also that addressing the destruction of tangible and intangible cultural

heritage needs to be holistic, encompassing all regions, contemplating both prevention and

accountability, focusing on acts by State and non-State actors in both conflict and non-

conflict situations, and terrorist acts,

* Reissued for technical reasons on 7 October 2016.

United Nations A/HRC/RES/33/20*

Recognizing further that the violation or abuse of the right of everyone to take part

in cultural life, including the ability to access and enjoy cultural heritage, may threaten

stability, social cohesion and cultural identity, and constitutes an aggravating factor in

conflict and a major obstacle to dialogue, peace and reconciliation,

Strongly condemning all acts of unlawful destruction of cultural heritage, which are

often committed during or in the aftermath of armed conflicts around the world, or as a

result of terrorist attacks,

Noting with deep concern the organized looting, smuggling and theft of and illicit

trafficking in cultural property that could undermine the full enjoyment of cultural rights,

and are contrary to international law and may, in some instances, generate funds for the

financing of terrorism,

Acknowledging the importance of early restoration of the full enjoyment of cultural

rights to individuals affected by conflict, and in particular to those who are displaced,

Emphasizing the important role that the Human Rights Council can play, in concert

with all other relevant international actors, in global efforts to protect cultural heritage with

a view to promoting universal respect for cultural rights by all,

Recognizing the important contribution that United Nations peacekeeping missions

can make in the protection of cultural heritage and the safeguarding of the enjoyment of

cultural rights, both during and in the aftermath of armed conflicts,

Acknowledging the important role of the United Nations Educational, Scientific and

Cultural Organization, the United Nations Office on Drugs and Crime, the World Customs

Organization and the International Criminal Police Organization in international efforts to

combat and prevent damage or destruction, organized looting, smuggling and theft of and

illicit trafficking in cultural property, and to restore damaged property,

Welcoming the decision of the Special Rapporteur in the field of cultural rights, as

expressed in her first report submitted to the Council, at its thirty-first session,1 to consider

as a matter of priority the detrimental impact of the destruction of cultural heritage on the

enjoyment of cultural rights,

Highlighting the important contribution made by cultural rights defenders involved

in the protection of the cultural heritage of all humankind,

1. Calls upon all States to respect, promote and protect the right of everyone to

take part in cultural life, including the ability to access and enjoy cultural heritage;

2. Urges all parties to armed conflicts to refrain from any unlawful military use

or targeting of cultural property, in full conformity with their obligations under

international humanitarian law;

3. Encourages States that have not yet become a party to all relevant treaties

that provide for the protection of cultural property to consider doing so;

4. Calls for enhanced international cooperation in preventing and combating the

organized looting, smuggling and theft of and illicit trafficking in cultural objects and in

restoring stolen, looted or trafficked cultural property to its countries of origin, and invites

States to take measures in this regard at the national level to make effective use to this end

of relevant tools and databases developed under the auspices of the United Nations

Educational, Scientific and Cultural Organization, the United Nations Office on Drugs and

1 A/HRC/31/59.

Crime, the World Customs Organization and the International Criminal Police

Organization, within the scope of their respective mandates;

5. Encourages the strengthening of dialogue and cooperation between relevant

international organizations and States affected by the organized looting, theft or smuggling

of or illicit trafficking in cultural property, including through the provision of support and

technical assistance aimed at enhancing their national capacities to restore, protect and

preserve cultural heritage and property;

6. Calls for the development of partnerships between competent national

authorities and civil society, in particular grass-roots institutions, with the aim of enhancing

the protection of cultural rights and promoting the right of everyone to participate in

cultural life, including the ability to access and enjoy cultural heritage;

7. Also calls for the identification of innovative ways and best practices, at the

national, regional and international levels, for the prevention of violations and abuses of

cultural rights, and for the prevention and mitigation of damage caused to cultural heritage,

both tangible or intangible;

8. Further calls for the recognition of the protection of cultural heritage as an

important component of humanitarian assistance, including in armed conflict and with

regard also to displaced populations;

9. Encourages States to adopt a gender-sensitive approach to the protection of

cultural heritage and the safeguarding of cultural rights;

10. Calls for the safety and security of cultural rights defenders involved in the

protection of cultural heritage to be protected, including by investigating and, where

appropriate, bringing to justice anyone alleged to have harmed them;

11. Invites States to adopt effective strategies to prevent the destruction of

cultural heritage by, inter alia, ensuring accountability, documenting the cultural heritage

within their jurisdiction, including through digital means, implementing educational

programmes on the importance of cultural heritage and cultural rights and training military

forces in all relevant rules concerning the protection of cultural heritage, both during and in

the aftermath of armed conflict;

12. Encourages States to consider implementing the recommendations on

intentional destruction of cultural heritage made by the Special Rapporteur in the field of

cultural rights in her reports presented to the Human Rights Council1 and to the General

Assembly;2

13. Requests the United Nations High Commissioner for Human Rights:

(a) To convene, before the thirty-sixth session of the Human Rights Council, a

one-day intersessional seminar on ways to prevent, contain and/or mitigate the detrimental

impact of the damage to or destruction of cultural heritage on the enjoyment of human

rights, including cultural rights by all, and on best practices in this regard;

(b) To invite States, the Special Rapporteur in the field of cultural rights and

other relevant stakeholders from diverse regions, including experts and civil society

organizations, and relevant United Nations agencies, funds and programmes, other

international organizations and cultural rights defenders involved in the protection of

cultural heritage to participate actively in the above-mentioned seminar;

2 A/71/317.

(c) To submit to the Human Rights Council at its thirty-seventh session a report,

in the form of a summary, on the seminar;

14. Decides to remain seized of the matter.

40th meeting

30 September 2016

[Adopted without a vote.]