Case 23-2017: Yoga Beer
By Master Yan Maitri-Shi, Prosecutor
HONORABLE JURY OF INTERNATIONAL BUDDHIST ETHICS COMMITTEE (IBEC) & BUDDHIST TRIBUNAL ON HUMAN RIGHTS (BTHR)
After Legitimating and Validating Evidences and Charges by Master Maitreya, President and Spiritual Judge of IBEC-BTHR, it is addressed the case against the accused party “Yoga Beer”. This investigation was initiated by the World Association of Buddhism.
The Charges by which the International Buddhist Ethics Committee is accusing “Yoga Beer” are enumerated below:
- SPIRITUAL FRAUD
- INTERNATIONAL CRIMES AGAINST CULTURAL HERITAGE OF HUMANITY
Therefore, it is detailed a series of EVIDENCES that support the Charges referred so that the Jury members decide about the possible “Responsibility”, “Innocence” or “Insanity” of the accused. Such evidence come from graphic and audiovisual media that have been gathered, sorted and confirmed in their order and context as Means of Proof in order to know, establish, dictate and determine the Responsibility of the Accused for committing the aforementioned Charges.
The procedure established in the Statute of INTERNATIONAL BUDDHIST ETHICS COMMITTEE & BUDDHIST TRIBUNAL ON HUMAN RIGHTS provides both bodies the ostentation to enjoy independence and liberty from state and national regulation and control, besides having the legality and acting as a Buddhist People in order to assert its customs, traditions, practices, procedures, judgments and rights as well as acting in pursuit of the development of Spirituality, of Buddhist Ethics, and of the defense of International Human Rights. This procedure has the particularity, singularity and distinction of having “Special Jurisdiction of the Tribal Law” and “Universal Jurisdiction of the International Law”, thus having the Character, Juridical validity, Legal Powers, infrastructure, Training and Capability necessary to be Actor, Administrator and Executor of Justice in this realm and exercise, by judging of the Accused by means of an Ethical Judgment whose Purpose is Truth, Reconciliation and Learning.-
DETAILS OF EVIDENCES
Evidence 1: VIOLATION OF SPIRITUAL ETHICAL PRECEPTS
Ven. S. Dhammika (´Good question, good answer´): “The Five Precepts are the basis of Buddhist morality. The first precept is to avoid killing or harming living beings. The second is to avoid stealing, the third is to avoid sexual misconduct, the fourth is to avoid lying and the fifth is to avoid alcohol and other intoxicating drugs. (…) People don’t drink for the taste. When they drink alone it is in order to seek release from tension and when they drink socially, it is usually to conform. Even a small amount of alcohol distorts consciousness and disrupts self-awareness. Taken in large quantities, its effect can be devastating.”
Evidence 2: FALSE YOGA
Bier Yoga (Emily and Jhula): “BeerYoga is the marriage of two great loves – beer and yoga. Both are centuries-old therapies for body, mind and soul. The joy of drinking beer and the mindfulness of yoga compliment each other, and make for an energizing experience. BeerYoga is fun but it’s no joke – we take the philosophies of yoga and pair it with the pleasure of beer-drinking to reach your highest level of consciousness. Who is BeerYoga for? For beer lovers who like yoga. For yogis who like beer. For everybody else who is curious and over 16”[1]
Beth Cosi: “I was teaching yoga classes at a popular local studio and working part-time at a pizza and craft beer place in Park Circle (EVO). I have a long personal history of working in food & beverage. (…) It started as classes for my friends and Holy City Brewery employees. After class we’d have a tasting of what the brewery was offering and talk about the postures we did, our families, the beer. (…) I asked Chris if we could open it up to the public and include a beer tasting in the price. I called it Bendy Brewski: Yoga for Beer Lovers. The brewery is a perfect place for yoga! It’s open, its design is industrial and clean, but with a natural warmth about it (something to do with the smell of hops, I’m sure!), and they have beer! (…) I get a lot of men in the room. (…) The floors are concrete, they’re usually a bit dirty, it can be loud from the glycol chiller. It’s garage-band yoga. Our teachers are well trained and enthusiastic, typically funny and free-spirited! (…) As Bendy Brewski has grown in student size and number of breweries, the yoga has adapted and will continue to change. (…) Craft Beer and Yoga; they are both art forms that have been around for centuries. They both are an ancient practice, involving trial-and-error and precision, patience, practice, pureness and hard work. Both are very sensory and come from honored traditions that link families and cultures and nations. I have found that bringing Craft Beer Lovers and Yoga Lovers together is like linking tribes. Good beer enjoyed after a satisfying yoga class amongst like-minded people is a delightful and rewarding experience for everyone. It just feels and tastes good!”[2]
Association for Yoga and Meditation India: “Beer or alcohol both are not accepted in yoga world as alcohol will not let the person work on developing consciousness and brain. And yoga is about expanding one’s consciousness which is impossible while drinking beer or wine.”
Evidence 3: DAMAGES TO PHYSICAL HEALTH
Dr. Ingo Froboese (Escuela Sporting alemana de Colonia): “El alcohol nubla la percepción, dificulta el control muscular, afecta el equilibrio y restringe la resistencia” (También añadió que el alcohol podría restringir la fase de recuperación de las personas, y que deberían atenerse al agua potable durante varias horas luego de una sesión de ejercicio)[3]
New Health Guide: “Side Effects of Beer. 1. Fill You with Empty Calories (…) 2. Low Blood Sugar Leads to Weight Gain (…) 3. Loss of Fluid Causes Dehydration (…) 4. Affect Those with Celiac Disease (…) 5. Lead to Accidents (…) Increase Blood Pressure and Acid Reflux (…) 7. Create False Strength (…) 8. Lead to Next Day Illness”[4]
TRACII HANES: “Athletic Performance. Like other tasks requiring coordination and cognitive precision, the ability to exercise or play sports may be negatively affected by alcohol. According to Sports Doctor, alcohol impairs reaction time, balance and hand-eye coordination, all of which you require for optimal athletic performance. In addition, alcohol acts as a diuretic by speeding the loss of fluids and electrolytes that your body needs for proper hydration. By increasing the production of lactic acid, alcohol can worsen fatigue when exercising. Other effects include dilation of blood vessels, increased sweating and dehydration. Weight Gain. Like soda, alcohol contains calories that can contribute to weight gain. Drinking more than two alcoholic beverages per day may lead to increased belly fat. While the condition is often referred to as a beer belly, any alcoholic beverage can cause weight gain if you consume them in excess. (…) Reduced Muscle Growth. Protein synthesis is vital for muscle development and maintenance. Because alcohol impairs this process, drinking can interfere with your ability to grow and maintain muscle. Binge drinking also causes a drop in testosterone levels while increasing cortisol, a hormone that destroys muscle. To prevent muscle loss, avoid drinking alcohol shortly before or after hitting the gym. Choose hydrating drinks like water or sports drinks instead of alcoholic beverages, and monitor your overall alcohol intake.”[5]
Kymberly Fergusson: “Heavy drinkers are at risk of developing a number of forms of cancer, especially liver and colorectal cancers.[6] In fact, various cancer bodies around the world have categorized alcohol as a known carcinogen. Excessive alcohol intake has been linked to the following illnesses: skin disorders including hives, psoriasis and rosácea; gout, leading to arthritis; stomach inflammation; osteoporosis; diabetes and pancreatitis (….) Even a small amount will slow down signal processing from the nervous system. Short term visual memory, depth perception and learning capabilities are all impaired with a few drinks.[7] A moderate intake was shown to decrease verbal ability in elderly subjects.[8] Adolescent drinkers can more easily damage their brain function and learning capabilities, because their brains are still developing. Alcohol upsets their hormonal balance, and stops the healthy development of organs, including their reproductive system. Over time, drinking heavily damages short and long term memory functions. Drinkers are unable to recall their intentions and plans, and have trouble learning. Heavy drinkers are also more likely to suffer from insomnia and depression. The risk of strokes is increased, and eventually, alcohol withdrawal seizures and tremors may develop. Unfortunately, this damage is not reversible.”[9]
Evidence 4: DAMAGES TO MENTAL HEALTH
Drinkaware: “While alcohol can have a very temporary positive impact on our mood, in the long term it can cause big problems for our mental health. It’s linked to a range of issues from depression and memory loss to suicide. Alcohol alters your brain chemistry. Our brains rely on a delicate balance of chemicals and processes. Alcohol is a depressant, which means it can disrupt that balance, affecting our thoughts, feelings and actions – and sometimes our long-term mental health. This is partly down to ‘neurotransmitters’, chemicals that help to transmit signals from one nerve (or neuron) in the brain to another. The relaxed feeling you can get when you have that first drink is due to the chemical changes alcohol has caused in your brain. For many of us, a drink can help us feel more confident and less anxious. That’s because it’s starting to depress the part of the brain we associate with inhibition. But, as you drink more, more of the brain starts to be affected. It doesn’t matter what mood you’re in to start with, when high levels of alcohol are involved, instead of pleasurable effects increasing, it’s possible that a negative emotional response will take over. Alcohol can be linked to aggression you could become angry, aggressive, anxious or depressed. Alcohol can actually increase anxiety and stress rather than reduce it. Unfortunately reaching for a drink won’t always have the effect you’re after. While a glass of wine after a hard day might help you relax, in the long run it can contribute to feelings of depression and anxiety and make stress harder to deal with. This is because regular, heavy drinking interferes with neurotransmitters in our brains that are needed for good mental health. When we drink, we narrow our perception of a situation and don’t always respond to all the cues around us. If we’re prone to anxiety and notice something that could be interpreted as threatening in the environment, we’ll hone in on that and miss the other less threatening or neutral information. For example, we might focus on our partner talking to someone we’re jealous of, rather than notice all the other people they’ve been chatting to that evening. Alcohol depression = a vicious cycle. If you drink heavily and regularly you’re likely to develop some symptoms of depression. It’s that good old brain chemistry at work again. Regular drinking lowers the levels of serotonin in your brain – a chemical that helps to regulate your mood. In Britain, people who experience anxiety or depression are twice as likely to be heavy or problem drinkers. For some people, the anxiety or depression came first and they’ve reached for alcohol to try to relieve it. For others, drinking came first, so it may be a root cause of their anxieties. Drinking heavily can also affect your relationships with your partner, family and friends. It can impact on your performance at work. These issues can also contribute to depression. If you use drink to try and improve your mood or mask your depression, you may be starting a vicious cycle… Warning signs that alcohol is affecting your mood include: Poor sleep after drinking; Feeling tired because of a hangover; Low mood; Experiencing anxiety in situations where you would normally feel comfortable. Four ways to help prevent alcohol affecting your mood: Use exercise and relaxation to tackle stress instead of alcohol; Learn breathing techniques to try when you feel anxious; Talk to someone about your worries. Don’t try and mask them with alcohol; Always be aware of why you’re drinking. Don’t assume it will make a bad feeling go away, it’s more likely to exaggerate it. Alcohol is linked to suicide, self-harm and psychosis. Alcohol can make people lose their inhibitions and behave impulsively, so it can lead to actions they might not otherwise have taken – including self-harm and suicide. According to the NHS in Scotland, more than half of people who ended up in hospital because they’d deliberately injured themselves said they’ve drunk alcohol immediately before or while doing it. 27% of men and 19% of women gave alcohol as the reason for self-harming 4. Did you know? Anxiety and depression are more common in heavy drinkers – heavy drinking is more common in those with anxiety and depression. Extreme levels of drinking (such as more than 30 units per day for several weeks) can occasionally cause ‘psychosis’. It’s a severe mental illness where hallucinations and delusions of persecution develop. Psychotic symptoms can also occur when very heavy drinkers suddenly stop drinking and develop a condition known as ‘delirium tremens’ – symptoms include body tremors and confusion. Alcohol can damage your memory. Soon after drinking alcohol, your brain processes slow down and your memory can be impaired. After large quantities of alcohol, the brain can stop recording into the ‘memory store’. That’s why you can wake up the next day with a ‘blank’ about what you said or did and even where you were. This short-term memory failure or ‘black out’ doesn’t mean that brain cells have been damaged, but frequent heavy sessions can damage the brain because of alcohol’s effect on brain chemistry and processes. Drinking heavily over a long period of time can also have long-term effects on memory. Even on days when you don’t drink any alcohol, recalling what you did yesterday, or even where you have been earlier that day, become difficult.”[10]
Mental Health Foundation: “Drinking lowers inhibition. Typically, excessive alcohol consumption means fewer personal constraints are in place. Additionally, alcohol can disrupt our body’s ability to rest, resulting in our body needing to work harder to break down the alcohol in our system. This interference of alcohol with sleep patterns can lead to reduced energy levels. Alcohol also depresses the central nervous system, and this can make our moods fluctuate. It can also help ‘numb’ our emotions, so we can avoid difficult issues in our lives. Alcohol can also reveal or intensify our underlying feelings, such as evoking past memories of trauma or sparking any repressed feelings which are associated with painful events of the past. These memories can be so powerful that they create overwhelming anxiety, depression or shame. Re-living these memories and dark feelings whilst under the influence of alcohol can pose a threat to personal safety as well as the safety of others.”[11]
American Addiction Centers: “How Does Alcohol Impacts Cognitive Ability? Occasional and moderate drinkers: Memory impairment; Blackout; Recklessness; Impaired decision-making. Heavy and/or chronic drinkers:
Diminished brain size; Inability to think abstractly; Loss of visuospatial abilities; Wernicke-Korsakoff syndrome; Memory loss; Loss of attention span”[12]
Jesse Viner: “Alcoholism is common among people suffering from mental health conditions. People experiencing anxiety, depression, impulsivity, or other diagnosable mental illnesses often turn to alcohol to find temporary solace. (…) Drinking represses the negative emotions that affect the mental well-being of those with diagnosed mental health concerns and those who simply feel emotionally flooded. While it may allow for a short-lived relief from anxiety, depression, or overwhelming feelings, drinking alcohol is not a smart choice in the grand scope of mental well-being. The popular misconception that drinking relieves stress deludes people into thinking that things will feel better after a few drinks. And they might, for an hour or two, as alcohol races through the body, creating a false sense of stimulation. However, as time goes on, and drinking becomes excessive, alcohol raids the central nervous system, shifting the normal processes within the body and brain. People need to be educated about how drinking negatively affects mental health. I’ve spent three decades clinically treating emerging adults with mental health concerns, many having a coexisting dependency on alcohol. I composed a guide, Ten Good Mental Health Reasons Not to Drink, as a way to expose the effects of alcohol on mental well-being. This valuable resource explains the social and emotional consequences of drinking. The first few points describe how alcohol disrupts brain and body functioning. Drinking revamps brain processes such as forming memories and learning new information. It can be difficult to recall the details of events when alcohol is involved. Drinking also agitates the body’s ability to rest. Instead of restoring vital organs and cells during the process of sleep, the body has to work harder than normal to break down alcohol in the system. When alcohol interferes with normal sleep patterns, energy levels sink. Moods fluctuate as a result of drinking, since alcohol directly depresses the central nervous system. Additionally, Ten Good Mental Health Reasons Not to Drink touches on how alcohol gets in the way of good decision-making. While under stress and feeling anxious, people drink to find temporary relief. However, drinking leads to a rebound in anxiety levels, often making matters worse than before. Drinking lowers inhibition. Excess alcohol consumption usually means fewer personal restrictions are set in place. Without self-reservations, people under the influence are more likely to engage in promiscuous behavior, use other substances, or conduct themselves aggressively. Poor decisions made while under the influence usually increase feelings of shame, guilt, or worry. (…) People who take prescribed medications, such as those being treated for anxiety or depression, should avoid alcohol completely. Drinking can be extremely dangerous, even fatal, when combined with prescription drug use.”[13]
U.S. Department of Health & Human Services: “ALCOHOL’S DAMAGING EFFECTS ON THE BRAIN.Difficulty walking, blurred vision, slurred speech, slowed reaction times, impaired memory: Clearly, alcohol affects the brain. Some of these impairments are detectable after only one or two drinks and quickly resolve when drinking stops. On the other hand, a person who drinks heavily over a long period of time may have brain deficits that persist well after he or she achieves sobriety. Exactly how alcohol affects the brain and the likelihood of reversing the impact of heavy drinking on the brain remain hot topics in alcohol research today. We do know that heavy drinking may have extensive and far–reaching effects on the brain, ranging from simple slips in memory to permanent and debilitating conditions that require lifetime custodial care. And even moderate drinking leads to short–term impairment, as shown by extensive research on the impact of drinking on driving. (…) This Alcohol Alert reviews some common disorders associated with alcohol–related brain damage and the people at greatest risk for impairment. (…) BLACKOUTS AND MEMORY LAPSES. Alcohol can produce detectable impairments in memory after only a few drinks and, as the amount of alcohol increases, so does the degree of impairment. Large quantities of alcohol, especially when consumed quickly and on an empty stomach, can produce a blackout, or an interval of time for which the intoxicated person cannot recall key details of events, or even entire events. Blackouts are much more common among social drinkers than previously assumed and should be viewed as a potential consequence of acute intoxication regardless of age or whether the drinker is clinically dependent on alcohol. (…) Women are more vulnerable than men to many of the medical consequences of alcohol use. For example, alcoholic women develop cirrhosis, alcohol–induced damage of the heart muscle (i.e., cardiomyopathy), and nerve damage (i.e., peripheral neuropathy) after fewer years of heavy drinking than do alcoholic men. (…) Studies also showed that both men and women have similar learning and memory problems as a result of heavy drinking. The difference is that alcoholic women reported that they had been drinking excessively for only about half as long as the alcoholic men in these studies. This indicates that women’s brains, like their other organs, are more vulnerable to alcohol–induced damage than men’s. (…) Up to 80 percent of alcoholics, however, have a deficiency in thiamine, and some of these people will go on to develop serious brain disorders such as Wernicke–Korsakoff syndrome (WKS). WKS is a disease that consists of two separate syndromes, a short–lived and severe condition called Wernicke’s encephalopathy and a long–lasting and debilitating condition known as Korsakoff’s psychosis. The symptoms of Wernicke’s encephalopathy include mental confusion, paralysis of the nerves that move the eyes (i.e., oculomotor disturbances), and difficulty with muscle coordination. For example, patients with Wernicke’s encephalopathy may be too confused to find their way out of a room or may not even be able to walk. Many Wernicke’s encephalopathy patients, however, do not exhibit all three of these signs and symptoms, and clinicians working with alcoholics must be aware that this disorder may be present even if the patient shows only one or two of them. (…) Approximately 80 to 90 percent of alcoholics with Wernicke’s encephalopathy also develop Korsakoff’s psychosis, a chronic and debilitating syndrome characterized by persistent learning and memory problems. Patients with Korsakoff’s psychosis are forgetful and quickly frustrated and have difficulty with walking and coordination. Although these patients have problems remembering old information (i.e., retrograde amnesia), it is their difficulty in laying down new information (i.e., anterograde amnesia) that is the most striking. For example, these patients can discuss in detail an event in their lives, but an hour later might not remember ever having the conversation. (…) Most people realize that heavy, long–term drinking can damage the liver, the organ chiefly responsible for breaking down alcohol into harmless byproducts and clearing it from the body. But people may not be aware that prolonged liver dysfunction, such as liver cirrhosis resulting from excessive alcohol consumption, can harm the brain, leading to a serious and potentially fatal brain disorder known as hepatic encephalopathy. Hepatic encephalopathy can cause changes in sleep patterns, mood, and personality; psychiatric conditions such as anxiety and depression; severe cognitive effects such as shortened attention span; and problems with coordination such as a flapping or shaking of the hands (called asterixis). In the most serious cases, patients may slip into a coma (i.e., hepatic coma), which can be fatal. (…) These studies have confirmed that at least two toxic substances, ammonia and manganese, have a role in the development of hepatic encephalopathy. Alcohol–damaged liver cells allow excess amounts of these harmful byproducts to enter the brain, thus harming brain cells. ALCOHOL AND THE DEVELOPING BRAIN. Drinking during pregnancy can lead to a range of physical, learning, and behavioral effects in the developing brain, the most serious of which is a collection of symptoms known as fetal alcohol syndrome (FAS). Children with FAS may have distinct facial features. FAS infants also are markedly smaller than average. Their brains may have less volume (i.e., microencephaly). And they may have fewer numbers of brain cells (i.e., neurons) or fewer neurons that are able to function correctly, leading to long–term problems in learning and behavior.”[14]
Evidence 5: YOGA AS CULTURAL HERITAGE OF HUMANITY
UNESCO: “Yoga. Inscribed in 2016 on the Representative List of the Intangible Cultural Heritage of Humanity. The philosophy behind the ancient Indian practice of yoga has influenced various aspects of how society in India functions, whether it be in relation to areas such as health and medicine or education and the arts. Based on unifying the mind with the body and soul to allow for greater mental, spiritual and physical wellbeing, the values of yoga form a major part of the community’s ethos. Yoga consists of a series of poses, meditation, controlled breathing, word chanting and other techniques designed to help individuals build self-realization, ease any suffering they may be experiencing and allow for a state of liberation. It is practised by the young and old without discriminating against gender, class or religion and has also become popular in other parts of the world. Traditionally, yoga was transmitted using the Guru-Shishya model (master-pupil) with yoga gurus as the main custodians of associated knowledge and skills. Nowadays, yoga ashrams or hermitages provide enthusiasts with additional opportunities to learn about the traditional practice, as well as schools, universities, community centres and social media. Ancient manuscripts and scriptures are also used in the teaching and practice of yoga, and a vast range of modern literature on the subject available.”[15]
Evidence 6: VIOLATION OF HUMAN RIGHTS
Karima Bennoune (United Nations Special Rapporteur in the field of cultural rights): (The destruction of cultural heritage is a violation of human rights) “It is impossible to separate a people’s cultural heritage from the people itself and their Rights (…). Clearly, we must now understand that when cultural heritage is under attack, it is also the people and their fundamental human rights that are under attack (…) In particular we must protect cultural heritage professionals on the frontlines of the struggle against destruction and ensure their safety and security, provide them with the conditions necessary to complete their Work (…). Moreover, we must also pay tribute to ordinary people who step forward to defend cultural heritage, like those in Northern Mali who reportedly hid manuscripts beneath the floorboards of their homes to protect them or those in Libya who tried to peacefully protest destruction of Sufi sites”[16] “Cultural heritage is significant in the present, both as a message from the past and as a pathway to the future. Viewed from a human rights perspective, it is important not only in itself, but also in relation to its human dimensión (…) The right of access to and enjoyment of cultural heritage is a human right guaranteed by international law, and it must be taken seriously. As stressed by the Human Rights Council in its recent Resolution 33/20(2016) on cultural rights and the protection of cultural heritage, the destruction of or damage to cultural heritage may have a detrimental and irreversible impact on the enjoyment of cultural rights. In addition, cultural heritage is a fundamental resource for other human rights, including the rights to freedom of expression, freedom of thought, conscience and religion, as well as the economic rights of the many people who earn a living through tourism related to such heritage. It is crucial to understand that tangible and intangible heritage are closely interlinked and that attacks on one are usually accompanied by assaults on the other. In addition, while specific aspects of heritage may have particular connections to particular human groups, all of humanity has a link to such objects, which represent the cultural heritage of all humankind, in all its diversity. This is reflected in UNESCO’s Culture Conventions and standard setting instruments aimed at protecting cultural diversity and heritage. In the UNESCO Declaration concerning the Intentional Destruction of Cultural Heritage adopted in 2003, the international community reaffirms its commitment to fight against the intentional destruction of cultural heritage in any form so that it may be transmitted to the succeeding generations. Intentional destruction is defined as an act intended to destroy in whole or in part cultural heritage, thus compromising its integrity, in a manner which constitutes a violation of international law or an unjustifiable offence to the principles of humanity and dictates of public conscience. (…) Importantly, individual criminal responsibility arises from serious offences against cultural heritage. I welcomed the decision of the Office of the Prosecutor of the International Criminal Court to charge the destruction of cultural and religious sites as a stand-alone war crime for the first time in the case of Ahmad Al Faqi Al Mahdi, which has recently resulted in a guilty verdict. (…) As stressed in the preamble of the 2003 UNESCO Declaration cultural heritage is an important component of cultural identity and of social cohesion, so that its intentional destruction may have adverse consequences on human dignity and human rights. Acts of deliberate destruction are often accompanied by other grave assaults on human dignity and human rights. They have to be addressed in the context of holistic strategies for the promotion of human rights and peacebuilding. (…) We must care about the destruction of heritage in conjunction with our grave concern for the destruction of the lives of populations. Acts of intentional destruction harm all, and often disproportionately affect persons belonging to minorities. They contribute to intolerance, and deprive all humanity of the rich diversity of cultural heritage. (…) I recall the grievous history of destruction of diverse forms of indigenous cultural heritage in many parts of the world as a systematic part of, inter alia, colonialism or nationalist policies in post-colonial States, and I note that the totality of these acts have had long-lasting effects on the human rights of many indigenous peoples in diverse geographical contexts. (…)When cultural heritage is destroyed, this bears important consequences for a wide range of human rights for current generations and those to come. Cultural heritage is a record of the genius of human beings, that which we leave behind for the next generations to mark our path through this world, and quite simply irreplaceable even in a digital era. Let us come together with urgency and thoughtfulness to protect it.”[17]
UNESCO Declaration concerning the Intentional Destruction of Cultural Heritage: “Recalling the tragic destruction of the Buddhas of Bamiyan that affected the international community as a whole, (…) Referring to Article I(2)(c) of the Constitution of UNESCO that entrusts UNESCO with the task of maintaining, increasing and diffusing knowledge by assuring the conservation and protection of the world’s inheritance of books, works of art and monuments of history and science, and recommending to the nations concerned the necessary international conventions, (…)Mindful that cultural heritage is an important component of the cultural identity of communities, groups and individuals, and of social cohesion, so that its intentional destruction may have adverse consequences on human dignity and human rights, Reiterating one of the fundamental principles of the Preamble of the 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict providing that damage to cultural property belonging to any people whatsoever means damage to the cultural heritage of all mankind, since each people makes its contribution to the culture of the world, (…) Mindful of the development of rules of customary international law as also affirmed by the relevant case-law, related to the protection of cultural heritage in peacetime as well as in the event of armed conflict; Also recalling Articles 8(2)(b)(ix) and 8(2)(e)(iv) of the Rome Statute of the International Criminal Court, and, as appropriate, Article 3(d) of the Statute of the International Criminal Tribunal for the former Yugoslavia, related to the intentional destruction of cultural heritage, (…) The international community recognizes the importance of the protection of cultural heritage and reaffirms its commitment to fight against its intentional destruction in any form so that such cultural heritage may be transmitted to the succeeding generations. (…) intentional destruction means an act intended to destroy in whole or in part cultural heritage, thus compromising its integrity, in a manner which constitutes a violation of international law or an unjustifiable offence to the principles of humanity and dictates of public conscience (…). States should take all appropriate measures to prevent, avoid, stop and suppress acts of intentional destruction of cultural heritage, wherever such heritage is located. (…)When conducting peacetime activities, States should take all appropriate measures to conduct them in such a manner as to protect cultural heritage (…) States should take all appropriate measures, in accordance with international law, to establish jurisdiction over, and provide effective criminal sanctions against, those persons who commit, or order to be committed, acts of intentional destruction of cultural heritage of great importance for humanity, whether or not it is inscribed on a list maintained by UNESCO or another international organization.”[18]
UNESCO Convention for the Safeguarding of the Intangible Cultural Heritage: “Recognizing that the processes of globalization and social transformation, alongside the conditions they create for renewed dialogue among communities, also give rise, as does the phenomenon of intolerance, to grave threats of deterioration, disappearance and destruction of the intangible cultural heritage, in particular owing to a lack of resources for safeguarding such heritage; (…) Considering the invaluable role of the intangible cultural heritage as a factor in bringing human beings closer together and ensuring exchange and understanding among them, (…) The intangible cultural heritage means the practices, representations, expressions, knowledge, skills – as well as the instruments, objects, artefacts and cultural spaces associated therewith – that communities, groups and, in some cases, individuals recognize as part of their cultural heritage. This intangible cultural heritage, transmitted from generation to generation, is constantly recreated by communities and groups in response to their environment, their interaction with nature and their history, and provides them with a sense of identity and continuity, thus promoting respect for cultural diversity and human creativity. For the purposes of this Convention, consideration will be given solely to such intangible cultural heritage as is compatible with existing international human rights instruments, as well as with the requirements of mutual respect among communities, groups and individuals, and of sustainable development. (…) Safeguarding means measures aimed at ensuring the viability of the intangible cultural heritage, including the identification, documentation, research, preservation, protection, promotion, enhancement, transmission, particularly through formal and non-formal education, as well as the revitalization of the various aspects of such heritage. (…) Each State Party shall endeavour, by all appropriate means, to: ensure recognition of, respect for, and enhancement of the intangible cultural heritage in society, in particular through: (…) non-formal means of transmitting knowledge; (…) Within the framework of its safeguarding activities of the intangible cultural heritage, each State Party shall endeavour to ensure the widest possible participation of communities, groups and, where appropriate, individuals that create, maintain and transmit such heritage, and to involve them actively in its management.”[19]
UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions: “Recognizing the importance of traditional knowledge as a source of intangible and material wealth, and in particular the knowledge systems of indigenous peoples, and its positive contribution to sustainable development, as well as the need for its adequate protection and promotion, (…) Taking into account the importance of the vitality of cultures, including for persons belonging to minorities and indigenous peoples, as manifested in their freedom to create, disseminate and distribute their traditional cultural expressions and to have access thereto, so as to benefit them for their own development, (…) Recognizing the importance of intellectual property rights in sustaining those involved in cultural creativity; Being convinced that cultural activities, goods and services have both an economic and a cultural nature, because they convey identities, values and meanings, and must therefore not be treated as solely having commercial value”[20]
UNESCO Universal Declaration on Cultural Diversity: “Cultural heritage in all its forms must be preserved, enhanced and handed on to future generations as a record of human experience and aspirations, so as to foster creativity in all its diversity and to inspire genuine dialogue among cultures (…) In the face of present-day economic and technological change, opening up vast prospects for creation and innovation, particular attention must be paid to the diversity of the supply of creative work, to due recognition of the rights of authors and artists and to the specificity of cultural goods and services which, as vectors of identity, values and meaning, must not be treated as mere commodities or consumer goods. (…) Respecting and protecting traditional knowledge, in particular that of indigenous peoples; recognizing the contribution of traditional knowledge (…) Ensuring protection of copyright and related rights in the interest of the development of contemporary creativity and fair remuneration for creative work”
UNESCO Recommendation on the Safeguarding of Traditional Culture and Folklore: “Preservation is concerned with protection of folk traditions and those who are the transmitters, having regard to the fact that each people has a right to its own culture and that its adherence to that culture is often eroded by the impact of the industrialized culture purveyed by the mass media. (…) It is essential for the items that make up this cultural heritage to be widely disseminated so that the value of folklore and the need to preserve it can be recognized. However, distortion during dissemination should be avoided so that the integrity of the traditions can be safeguarded. (…) In so far as folklore constitues manifestations of intellectual creativity whether it be individual or collective, it deserves to be protected in a manner inspired by the protection provided for intellectual productions. Such protection of folklore has become indispensable as a means of promoting further development, maintenance and dissemination of those expressions,- both within and outside the country, without prejudice to related legitimate interests.”
UNESCO Recommendation concerning the Preservation of Cultural Property Endangered by Public or Private works: “Considering that contemporary civilization and its future evolution rest upon, among other elements, the cultural traditions of the peoples of the world, their creative force and their social and economic development; Considering that cultural property is the product and witness of the different traditions and of the spiritual achievements of the past and thus is an essential element in the personality of the peoples of the world;Considering that it is indispensable to preserve it as much as possible, according to its historical and artistic importance, so that the significance and message of cultural property become a part of the spirit of peoples who thereby may gain consciousness of their own dignity; Considering that preserving cultural property and rendering it accessible constitute, in the spirit of the Declaration of the Principles of International Cultural Cooperation adopted on 4 November 1966 in the course of its fourteenth session, means of encouraging mutual understanding among peoples and thereby serve the cause of peace; Considering also that the well-being of all peoples depends, inter alia, upon the existence of a favourable and stimulating environment and that the preservation of cultural property of all periods of history contributes directly to such an Environment; (…) Considering, however, that the prehistoric, protohistoric and historic monuments and remains, as well as numerous recent structures having artistic, historic or scientific importance are increasingly threatened by public and private works resulting from industrial development and urbanization; (…) Considering equally that adequate preservation and accessibility of cultural property constitute a major contribution to the social and economic development of countries and regions which possess such treasures of mankind by means of promoting national and international tourism; (…) Member States should take steps to ensure that offences, through intent or negligence, against the preservation or salvage of cultural property endangered by public or private works are severely punished by their Penal Code, which should provide for fines or imprisonment or both. (…) Member States should encourage individuals, associations and municipalities to take part in programmes for the preservation or salvage of cultural property endangered by public or private works. (…) Educational institutions, historical and cultural associations, public bodies concerned with the tourist industry and associations for popular education should have programmes to publicize the dangers to cultural property arising from short-sighted public or private works, and to underline the fact that projects to preserve cultural property contribute to international understanding.”
Council of Europe Framework Convention on the Value of Cultural Heritage for Society: “Emphasising the value and potential of cultural heritage wisely used as a resource for sustainable development and quality of life in a constantly evolving society; Recognising that every person has a right to engage with the cultural heritage of their choice, while respecting the rights and freedoms of others, (…) The Parties to this Convention agree to (…) recognise individual and collective responsibility towards cultural heritage; (…) cultural heritage is a group of resources inherited from the past which people identify, independently of ownership, as a reflection and expression of their constantly evolving values, beliefs, knowledge and traditions. It includes all aspects of the environment resulting from the interaction between people and places through time; a heritage community consists of people who value specific aspects of cultural heritage which they wish, within the framework of public action, to sustain and transmit to future generations. (…) everyone, alone or collectively, has the responsibility to respect the cultural heritage of others as much as their own heritage, (…) Exercise of the right to cultural heritage may be subject only to those restrictions which are necessary in a democratic society for the protection of the public interest and the rights and freedoms of others. (…) enhance the value of the cultural heritage through its identification, study, interpretation, protection, conservation and presentation; (…) promote cultural heritage protection as a central factor in the mutually supporting objectives of sustainable development, cultural diversity and contemporary creativity; (…) encourage reflection on the ethics and methods of presentation of the cultural heritage, as well as respect for diversity of interpretations; establish processes for conciliation to deal equitably with situations where contradictory values are placed on the same cultural heritage by different communities; develop knowledge of cultural heritage as a resource to facilitate peaceful co-existence by promoting trust and mutual understanding with a view to resolution and prevention of conflicts; (…) To sustain the cultural heritage, the Parties undertake to: a promote respect for the integrity of the cultural heritage by ensuring that decisions about change include an understanding of the cultural values involved; (…) ensure that these policies respect the integrity of the cultural heritage without compromising its inherent values. (…) encourage non-governmental organisations concerned with heritage conservation to act in the public interest. (…) encourage everyone to participate in: – the process of identification, study, interpretation, protection, conservation and presentation of the cultural heritage; – public reflection and debate on the opportunities and challenges which the cultural heritage represents; (…) seeking to resolve obstacles to access to information relating to cultural heritage, particularly for educational purposes, whilst protecting intellectual property rights; recognising that the creation of digital contents related to the heritage should not prejudice the conservation of the existing heritage.”
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[14] https://pubs.niaaa.nih.gov/publications/aa63/aa63.htm
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[17] http://en.unesco.org/news/karima-bennoune-cultural-heritage-human-rights-issue
[18] http://portal.unesco.org/en/ev.php-URL_ID=17718&URL_DO=DO_TOPIC&URL_SECTION=201.html
[19] http://portal.unesco.org/en/ev.php-URL_ID=17716&URL_DO=DO_TOPIC&URL_SECTION=201.html
[20] http://portal.unesco.org/en/ev.php-URL_ID=31038&URL_DO=DO_TOPIC&URL_SECTION=201.html
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