RES/37/17 Cultural rights and the protection of cultural heritage

 GE.18-05523(E)



Human Rights Council Thirty-seventh session

26 February–23 March 2018

Agenda item 3

Resolution adopted by the Human Rights Council on 22 March 2018

37/17. 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,

Recalling further Human Rights Council resolution 33/20 of 30 September 2016,

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

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

Recognizing that the duty of ensuring the identification, protection, conservation,

presentation and transmission to future generations of cultural heritage belongs primarily to

the State on whose territory it is situated,

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,

Reaffirming 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,

Reaffirming 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,

Recognizing 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, restore and preserve

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 International

Criminal Police Organization and the World Customs 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 all initiatives, whether by States, institutions or private persons, for the

voluntary return of cultural property, and in particular those concerning cultural property

that has been illicitly appropriated,

Recognizing that technology, and in particular the Internet, may enhance cultural

creation and dissemination by enabling new forms of curating and sharing, and engagement

with, cultural heritage,

Taking note with appreciation of the report of the United Nations High

Commissioner for Human Rights on the intersessional seminar on cultural rights and the

protection of cultural heritage,1 and noting the areas identified therein as needing more

attention, such as the protection of the cultural heritage of minority communities from

intentional destruction aimed at erasing evidence of their presence and the engagement of

indigenous peoples and local communities in international debates on cultural heritage

protection,

Reaffirming the importance of the Declaration on the Right and Responsibility of

Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized

Human Rights and Fundamental Freedoms and its implementation, and in the context of its

twentieth anniversary, highlighting in particular 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;

1 A/HRC/37/29.

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 country 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

Crime, the International Criminal Police Organization and the World Customs

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 and

smuggling of and 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 creating a

safe and enabling environment to enhance the protection of cultural rights and to promote

the right of everyone to take part 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 participatory and inclusive approaches to the prevention and

mitigation of damage caused to cultural heritage, whether 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 and for enhanced cooperation between the Office of

the United Nations High Commissioner for Human Rights, the mandate of the Special

Rapporteur in the field of cultural rights, the United Nations Educational, Scientific and

Cultural Organization and other relevant agencies and stakeholders, with a view to

mainstreaming the protection of cultural heritage into humanitarian actions, security

strategies and peacebuilding processes, and in post-conflict reconciliation initiatives;

9. Encourages States to adopt a gender-sensitive and inclusive approach to the

protection of cultural heritage and the safeguarding of cultural rights that is respectful of

cultural diversity and includes consideration of human rights issues of minority

communities and indigenous peoples;

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 and humanitarian actors in all relevant rules concerning the protection of cultural

heritage, both during and in the aftermath of armed conflict;

12. Encourages States to address limitations of cultural rights, to take the

measures necessary to prevent the destruction of historic monuments, works of art or places

of worship that constitute the cultural or spiritual heritage of peoples, both in conflict and

non-conflict situations, and to promote respect for cultural diversity;

13. Also encourages States, the international community, the United Nations and

civil society to consider implementing the relevant recommendations contained in the

report of the High Commissioner on the intersessional seminar on cultural rights and the

protection of cultural heritage,1 as well as those made by the Special Rapporteur in the field

of cultural rights in her reports presented to the Human Rights Council2 and to the General

Assembly;3

14. Requests the High Commissioner:

(a) To convene, before the forty-fourth session of the Human Rights Council,

and in collaboration with the Special Rapporteur in the field of cultural rights, relevant

agencies and other stakeholders, a two-day workshop in Geneva with the participation of

experts from all regions of the world to develop appropriate tools for the dissemination of

an approach to the protection, restoration and preservation of cultural heritage that

promotes universal respect for cultural rights by all;

(b) To submit a report thereon to the Human Rights Council at its forty-sixth

session;

15. Decides to remain seized of the matter.

53rd meeting

22 March 2018

[Adopted without a vote.]

2 A/HRC/31/59 and Corr.1.

3 A/71/317.