Sharjah Institute for Heritage, VAE

Keynote speech Cultural Heritage in Times of Crisis: Regional Cooperation and International Conventions for the Improvements of Legal Tools in the MENA Region during Session 5 of the Symposium: The Legal Dimensions in the Processes of Cultural Heritage Mitigation and Recovery.

Preliminary remarks

As an independent Expert working since more than 10 years at questions of Cultural Heritage in the Arab world I have the honour to give you my analysis of the situation. Please see it as a contribution from an independent Expert for further discussions – a departure for a dialogue, not carved in stone.

Allow me to begin by giving my full respect and admiration for all those persons in regions where there are wars and other crises, who give everything to protect our cultural heritage, who are willing to do that in conditions far below anything one can imagine – often at risk of their own life. This vocation for culture and for a Service for the Community needs not only recognition from our side – but also strong signals from politics.

Current Situation of Cultural Heritage

Report threats of destruction, "so-called cleaning", the use of cultural sites as military compounds, clandestine excavations, illicit trafficking, eradication of non-Islamic monuments and relics, the looting of museums, critical situation at the administrative and governmental level, neglect of important archaeological sites, lack of monitoring and control.

As example, see the Following Study in: www.aaas.org/page/ancient-history-modern-destruction-assessing-current-status-syria-s-world-heritage-sites-using “Ancient History, Modern Destruction: Assessing the Current status of Syria’s World Heritage Sites Using High-Resolution Satellite Imagery”.

This study assess the dramatic situation in World Heritage Sites in Syria such us The ancient Cities of Aleppo, Bosra, Damascus, the ancient Site of Palmyra, the ancient Villages of Northern Syria, the Crac des Chevaliers and the Citadelle of Salah El Din.

Causes and risks incurred

Causes: absence of adequate human and financial resources, lack of skills, lack of political will, inadequate legal and institutional framework, incorrect national protection policy, management and promotion  of cultural heritage.

Risks: impoverishment of the national cultural heritage of humanity, irreparable loss of large parts of the heritage, loss of national memory, questioning of cultural identity, loss of education materials to national history, violations of national obligations ensuring the preservation of cultural heritage as embodied in several international conventions.

Need for action and new approach 

There is a strong need for a Paradigm Shift:

• Firmly condemn intentional destruction, "cleansing" and other damage to the cultural heritage of the Arab countries. These behaviors are contrary to Islam which is based on tolerance and respect for others, religion and culture
• Raise the importance of cultural heritage as a catalyst of national cultural identity and national cohesion.
• Call for Arab and international communities to demonstrate their solidarity and mobilize human and financial resources necessary to end the threat and preserve the diversity and richness of Arab cultural heritage. This mobilization can register particularly in the context of Article 9 of the UNESCO Convention of 1970 which obliges Member States to come to the aid of states whose cultural heritage is under threat.
• Strengthen regional and international cooperation to safeguard the Arab cultural heritage at risk. Encourage the conclusion of bilateral and regional treaties establishing, in particular cooperation tools in times of crisis.
• Plan and implement urgent measures (preventive and repressive) to protect the most endangered cultural sites.
• Emanate the necessary administrative and legislative measures to implement the 1954 Hague Convention and its two protocols, in particular the second Protocol.
• Affirming that respect for the integrity and diversity of cultural heritage, as well as the individual right of access to that heritage are part of the cultural rights guaranteed by Article 15 of the International Covenant on Economic, Social and Cultural Rights (ICESCR UN).
• Cultural rights are Human Rights.
• Put an end to impunity for multiple violations of the cultural heritage in the Arab countries in crisis through the establishment and recognition of universal jurisdiction in the prosecution of these crimes regardless the place where the crime took place or the international or national character of the ongoing conflict.
• Qualify existing damage to the cultural heritage in several Arab countries as war crimes whose prosecution falls, according to the Rome Statute, under the jurisdiction of the International Criminal Court.
• Promoting the right to interfere in the protection and management of cultural heritage under threat of destruction and jeopardy  in times of crisis. Rely, in a crisis context, the principle of sovereignty to reject interference, is to deny that the Arab cultural heritage is part of the heritage of Mankind and that it is above all the Arab countries to preserve this heritage to the benefit of Mankind.
• Promote  the idea of a International Protection Force responsible in cases of extreme urgency and real threats, serious and concrete to ensure the  preservation and Integrity of World Heritage Sites  threatened.
• Affirming the need to review the medium term, national protection policies, management and promotion  of cultural heritage of the Arab Countries.
• Affirming the need for a review  of the institutional and legislative framework for the protection, management and promotion  of cultural heritage.
• Create one or more regional shelters for temporary storage of cultural property threatened with destruction.
• Establish appropriate protection zones and protection measures in Situ for the preservation of threatened immovable cultural objects.
• Assign ALECSO a coordinating  and monitoring role in the context of the implementation of emergency  measures for the preservation of  the Cultural Heritage of the Arab Countries in crisis.
• Promote the exchange of information and technical assistance under the aegis of ALECSO between the Arab Countries, especially in the legislative and regulatory field.

As Experts and Humanists let us unite in this Development: For the Good of Cultural Heritage - for having done our contribution for a better protection and management of cultural heritage in times of crisis.

Andrea F. G. Raschèr & Ridha Fraoua

Program pdf

Links:

athar-centre.org

ATHAR-141213_AM_Programm_Eng-2.pdf2014.12.25_-_Mr._Andrea_Rascher.pdf