Cultural Diversity, Heritage and Human Rights Cultural Diversity, Heritage and Human Rights investigates the problematic linkages between conserving cultural heritage, maintaining cultural diversity, defining and establishing cultural citizenship and enforcing human rights. Heritage, both tangible and intangible, provides the basis of humanity’s rich cultural diversity. Yet conflicts over cultural heritage and cultural identity around the world are the subject of media scrutiny and academic scholarship, from local disputes through to ethnic cleansing over larger regions and to Huntington’s grand clash of civilizations. This volume outlines the ways in which the protection and preservation of cultural heritage is especially linked to ‘cultural rights’ as a form of human rights. While there is a considerable literature dealing separately with cultural diver- sity, cultural heritage and human rights, this book is distinctive and has con- temporary relevance in focusing on the intersection between the three concepts. Cultural Diversity, Heritage and Human Rights establishes a fresh approach that will interest students and practitioners alike and on which future work in the heritage field might proceed. Michele Langfield is Associate Head (Research) in the School of History, Heritage and Society, Deakin University. She has published widely in the fields of migration, ethnicity, identity and cultural heritage. Her most recent books include Testifying to the Holocaust (joint editor, 2008) and Welsh Patagonians: the Australian Connection (co- author, 2005). William Logan is UNESCO Professor of Heritage and Urbanism, and Director, Cultural Heritage Centre for Asia and the Pacific, Deakin University. His research interests include world heritage, Asian heritage, heritage and human rights and her- itage theory. His books include: Hanoi: Biography of a City (2000), The Disappearing Asian City (2003), Vientiane: Transformation of a Lao Landscape (2007, co-author) and Places of Pain and Shame (2009, co-editor). Máiréad Nic Craith is Professor of European Culture and Society, University of Ulster, Northern Ireland. Her research focuses primarily on the conceptual under- standing of contemporary political–linguistic debates in Ireland and across Europe. She served on the European Studies sub-panel in the recent UK research assessment exercise and was elected to the Royal Irish Academy in 2009. Key issues in cultural heritage Series Editors: William Logan and Laurajane Smith Also in the series: Intangible Heritage Laurajane Smith and Natsuko Akagawa Places of Pain and Shame William Logan and Keir Reeves Cultural Diversity, Heritage and Human Rights Intersections in theory and practice Edited by Michele Langfield, William Logan and Máiréad Nic Craith First published 2010 by Routledge 2 Park Square, Milton Park, Abingdon, Oxon OX14 4RN Simultaneously published in the USA and Canada by Routledge 270 Madison Ave, New York, NY 10016 Routledge is an imprint of the Taylor & Francis Group, an informa business This edition published in the Taylor & Francis e-Library, 2009. To purchase your own copy of this or any of Taylor & Francis or Routledge’s collection of thousands of eBooks please go to www.eBookstore.tandf.co.uk. © 2010 Selection and editorial matter, Michele Langfield, William Logan and Máiréad Nic Craith; individual chapters, their contributors All rights reserved. No part of this book may be reprinted or reproduced or utilized in any form or by any electronic, mechanical, or other means, now known or hereafter invented, including photocopying and recording, or in any information storage or retrieval system, without permission in writing from the publishers. British Library Cataloguing in Publication Data A catalogue record for this book is available from the British Library Library of Congress Cataloging in Publication Data Cultural diversity, heritage, and human rights: intersections in theory and practice/edited by Michele Langfield, William Logan, and Máiréad Nic Craith. p. cm. Includes index. 1. Human rights. 2. Multiculturalism. 3. Indigenous peoples’ civil rights. 4. Cultural property. 5. Culture conflict. I. Langfield, Michele. II. Logan, William, 1948– III. Nic Craith, Máiréad. JC571.C76 2009 323.01–dc22 2009025091 ISBN 0-203-86301-1 Master e-book ISBN ISBN10: 0-415-56366-6 (hbk) ISBN10: 0-415-56367-4 (pbk) ISBN10: 0-203-86301-1 (ebk) ISBN13: 978-0-415-56366-6 (hbk) ISBN13: 978-0-415-56367-3 (pbk) ISBN13: 978-0-203-86301-5 (ebk) Contents List of illustrations viii List of contributors x Acknowledgements xiii Series general co-editors’ foreword xiv Part I Setting agendas 1 1 Intersecting concepts and practices 3 WILLIAM LOGAN, MICHELE LANGFIELD AND MÁIRÉAD NIC CRAITH 2 Human rights and the UNESCO Memory of the World Programme 21 HILARY CHARLESWORTH 3 Custodians of the land: Indigenous peoples, human rights and cultural integrity 31 JÉRÉMIE GILBERT 4 Linguistic heritage and language rights in Europe: theoretical considerations and practical implications 45 MÁIRÉAD NIC CRAITH vi Contents Part II National versus local rights 63 5 Unravelling the cradle of civilization ‘layer by layer’: Iraq, its peoples and cultural heritage 65 ANA FILIPA VRDOLJAK 6 The political appropriation of Burma’s cultural heritage and its implications for human rights 83 JANETTE PHILP 7 ‘Elasticity’ of heritage, from conservation to human rights: a saga of development and resistance in Penang, Malaysia 101 JUDITH NAGATA 8 Rendered invisible: urban planning, cultural heritage and human rights 117 GRAEME BRISTOL 9 ‘Indigenous peoples are not multicultural minorities’: cultural diversity, heritage and Indigenous human rights in Australia 135 MICHELE LANGFIELD 10 A sung heritage: an ecological approach to rights and authority in intangible cultural heritage in Northern Australia 153 FIONA MAGOWAN 11 ‘Cuca shops’ and Christians: heritage, morality and citizenship in Northern Namibia 171 IAN FAIRWEATHER Part III Rights in conflict 187 12 Protecting the Tay Nguyen gongs: conflicting rights in Vietnam’s central plateau 189 WILLIAM LOGAN Contents vii 13 The rights movement and cultural revitalization: the case of the Ainu in Japan 208 YUUKI HASEGAWA 14 Cultural heritage and human rights in divided Cyprus 226 SUSAN BALDERSTONE 15 Leaving the buildings behind: conflict, sovereignty and the values of heritage in Kashmir 243 TIM WINTER AND SHALINI PANJABI Index 258 Illustrations 6.1 The Tatmadaw (Burmese army) and the ‘united national people’, joined together by the Burmese State, are depicted as working together in nation-building tasks, marching towards a ‘new peaceful and prosperous modern developed nation’ (The New Light of Myanmar 5 October 2000) 85 6.2 Lieutenant General Khin Nyunt hoists the hti on the twelfth-century Sulamani Pagoda in Bagan. The SPDC’s military leaders claim such merit-making rituals as personal acts of merit as they seek to revive Burmese cultural traditions that legitimate their political power and authority (The New Light of Myanmar 1 October 1997) 87 6.3 Lawka Chantha Abhaya Labha Muni Image under construction on Mindhamma Hill (The New Light of Myanmar 6 September 2000) 89 8.1 Pom Mahakan. The Golden Mount (Wat Saket) beyond to the east. The old wall of the city is in the lower right of the image (Graeme Bristol) 118 10.1 Arnhem Land, Northern Territory, Australia (Courtesy: Aaron Corn) 154 12.1 Inter-generational transmission of traditional gong-playing skills (Courtesy: UNESCO Hanoi Office) 191 12.2 Young men learning traditional skills in a village gong club (Courtesy: UNESCO Hanoi Office) 192 13.1 Traditional dancing plays a vital part in the transmission of Ainu culture (Tokyo icarpa) (Courtesy: Makiko Ui) 216 13.2 The Fire God is the most important god in Ainu life. Here an Ainu prays to the Fire God during a Kamuynomi, a traditional ceremony (Courtesy: Makiko Ui) 216 13.3 Wood carving has a long tradition amongst Ainu (Courtesy: Makiko Ui) 217 14.1 Map of divided Cyprus (Susan Balderstone) 228 Illustrations ix 14.2 Neglected remains of the fifth-century church of St Barnabas near Salamis: Opus sectile floor being destroyed by vegetation (Susan Balderstone) 236 14.3 Neglected remains of the fifth-century church of St Barnabas near Salamis: Apse overgrown with vegetation (Susan Balderstone) 236 14.4 Tahtakale Mosque, South Nicosia, restored under the Nicosia Master Plan (Susan Balderstone) 238 15.1 Residential structures along Jhelum River, Srinagar (Tim Winter) 249 15.2 Abandoned houses, central Srinagar (Tim Winter) 249 15.3 Hari Parbat fort, Srinagar (Tim Winter) 253 15.4 Housing with modern construction materials and techniques (Tim Winter) 255 Contributors Susan Balderstone is an Australian conservation architect and Adjunct Professor in Cultural Heritage at Deakin University, Melbourne, Aus- tralia. She has worked on Australian Aid funded conservation and research projects in China and Vietnam and archaeological projects in the Middle East. Dr Graeme Bristol teaches architecture at King Mongkut’s Univer- sity of Technology Thonburi in Thailand. He is the Executive Director of the Centre for Architecture and Human Rights, a Canadian founda- tion advancing a rights-based approach to development in the practice of architecture, engineering and planning. Professor Hilary Charlesworth is Director of the Centre for International Governance and Justice, and Professor of International Law and Human Rights in the Faculty of Law, Australian National University. In 2005, she was awarded a Federation Fellowship by the Australian Research