During the construction of the dam in the 1960s, 23 temples were displaced and
reconstructed, mostly in neighbouring regions. In addition to preserving existing
archaeological sites, the effort to safeguard the cultural heritage of Nubia included forty
multidisciplinary missions and “the participants began to survey the region for sites in the
reservoir and to undertake excavation as time and effort allowed.”399 Instead of solely
preserving the region’s heritage, this campaign “also produced a great deal of interest in the
monuments, archaeology and history of Nubia”400 and it “has led to decades of
archaeological activity everywhere in Egypt that have radically revolutionized our knowledge
of Egyptian civilization.”401
10.3 Understanding the Right to Culture in the Context of Climate
Change Adaptation Policies
Cultural rights should also be taken into account in adaptation policies. The CESCR has
highlighted that “States parties are obliged to [...] respect and protect cultural heritage of all
groups and communities, in particular the most disadvantaged and marginalized individuals
and groups, in economic development and environmental policies and programs.”402 States’
adaptation activities fall squarely within the scope of such policies and programs.
As with mitigation actions that may result in the inundation of land or the displacement of
communities, adaptation actions such as relocation in response to sea level rise or other
environmental factors can impact the right to culture, particularly for Indigenous peoples,
local communities and other vulnerable groups. For example, relocation can have a
particular impact on the right to culture of Indigenous peoples whose cultural and spiritual
practices are tied to the land, or for local communities who might lose access to significant
sites such as ancestral burial grounds.
This issue was highlighted in a 2007 article written by then Maldivian Prime Minister Apisai
Ielemia entitled “A Threat To Our Human Rights: Tuvalu’s Perspective On Climate
Change.” Ielemia highlighted the fact that “Tuvalu is a nation with a unique language and
culture,” and emphasized that “resettlement would destroy the very fabric of our nationhood
and culture.”403 For nations such as Tuvalu and other small island developing States whose
way of life is deeply marked by insularity, resettlement poses a serious threat to their
continued cultural existence.
368
CESCR, Report on the Seventh Session, UNESCO, 1993, Supp No 2, UN Doc E/1993/122/E/C.12/1992/2 at
58.
Ibid.
Ibid at para 11.
371 Ibid at para 13.
372 CESCR, General Comment No 21: Right of everyone to take part in cultural life (art. 15, para. 1 (a), of the International
Covenant on Economic, Social and Cultural Rights, UN Doc E/C.12/GC/21, (2009) [General Comment No 21].
373 General Reporting Guidelines, supra note 64, Article 15.
369
370
100
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