In the past decades, the normative framework to protect cultural heritage has developed in tandem with the normative and legislative framework of human rights. The intersections of these two frameworks extend beyond mere protective measures of physical heritage sites, for example to the right to recognize, promote, and produce cultural heritage. Indeed, one of the poignant debates in heritage studies is how to balance cultural heritage protection in international law with an acknowledgment that cultural sites are imbued with meaning to both local and international communities which affect cultural identities and community cohesion.
The editors of the book draw our attention to the benefits of a human rights framework when it comes to cultural heritage protection. Instead of focusing on the preservation and protection of cultural heritage only, Durbach and Lixinski encourage us to look at the rights of individuals and communities and to connect objects to their source and production. A key strategy in the pursuit of cultural heritage protection is to provide local communities with access and participation in decision making processes via human rights principles. Bottom-up participatory processes are likely to enhance communities' understanding of heritage value and the need for protection and maintenance (3). The point of departure of the book is thus the notion that a complex relationship persists between human rights principles and cultural heritage protection. If harnessed wisely however, the two fields could be complementary and beneficial to different sets of external constituencies. It is this under-discussed relationship between human rights and cultural heritage protection this volume seeks to shed light on, and thereby provides a useful, accessible introduction to this intersectional field of study. In doing so, it employs a wide range of case studies and examples to highlight the complex interlinkage of human rights and primarily tangible cultural heritage.
The book is structured around three main themes: First, cultural heritage and human rights are mutually enforcing fields, in which tools developed in respect of human rights could assist in heritage protection. Francioni and Lixinski (11–34) argue that international cultural heritage law and cultural heritage are important aspects of asserted identities of Indigenous peoples. Moreover, the international Indigenous peoples' movement has employed culture as a key rallying call for the Indigenous cause and the assertion of the human rights of Indigenous peoples' movements. The right to access and participation in decision-making on heritage matters could be a possible vehicle for the two legal fields to be mutually enforcing. The second theme explores how human rights principles can be instrumentalized to pursue heritage goals. And finally, the third theme looks at the tension between cultural heritage and human rights. The destruction of heritage, the gentrification of inhabited heritage sites and the tendency toward cultural conformity and the loss of diversity exemplify this tension.
The contributions to this volume place cultural heritage within a wider framework of urban development, war, and postcolonial reconstruction. Heritage is portrayed as a tool for transformation, self-determination, development and reconciliation, but also commodification and contestation. The volume does not shy away from discussing the ways in which human rights law can potentially hinder cultural heritage protection (see e.g., Chapters 6 and 8). Traditionally, world heritage discourses have focused primarily around the universalist agenda of the Global North. This publication, together with Reference LarsenLarsen's (2018) World Heritage and Human Rights: Lessons from the Asia-Pacific and Global Arena and others, aids in the broadening of these debates by highlighting the inextricable linkage of cultural heritage and human identity. It thereby affirms the necessity of inclusion of cultural heritage in human rights discourses. More representation from the Global South will provide further nuance to these perspectives. For example, Folarin Shyllon's chapter on world heritage management in Sub-Saharan Africa highlights the difficulty that governments face in balancing heritage protection with the needs of local communities “that may need the hospitals, the jobs and income associated with developments (185).” This volume therefore contributes to a future research agenda which is more interdisciplinary and locally mindful.
Yet it should be noted that this edited volume grew out of a workshop held at the Faculty of Law at the University of New South Wales and many of the contributors are Australia-based. Although the book covers a multitude of geographies in the Global South, ranging from an exploration of heritage landscapes of Southeast Asian cities (Scott Hawken, 91) to world heritage management in Sub-Saharan Africa (Folarin Shyllon, 181), the inclusion of more scholars from or based in the Global South would be welcome, with a particular need for a voice from Indigenous Latin America. Also, while the book tackles the main themes in a convincing and exhaustive manner, we were missing a critical engagement with whether key findings are of use in ancillary fields such as wildlife conservation and in the broader field of security governance. The debate of elevating conservation objectives over socioeconomic rights of local communities is certainly of relevance in biodiversity conservation.
Overall, this volume highlights some of the challenges and questions that arise when examining the intersection of human rights law and cultural heritage, including the challenge to marry the different values ascribed to cultural heritage. Moreover, the book provides yet another recognition of the need for an interdisciplinary approach to the research of cultural heritage protection and preservation. The authors present a thoughtful overview of core themes, providing an excellent introduction to this field of study in a clear and readable manner. This book is therefore highly recommended for practitioners and students alike.
