Heritage Rights—Avoidance and Reinforcement

Abstract

The conflicts that abound around the world between different groups struggling to control the definition, management, and use of heritage give rise to many issues that need to be foregrounded in scholarly and professional debates. Focusing on UNESCO's World Heritage system, this paper asks: Why and how do nation states avoid respecting heritage rights? What can be and is being done about it? How can we move toward a more rights-based approach to heritage management? The notion that people have rights to access and enjoy their cultural heritage has emerged within the domain of cultural rights, which, in turn, is a component of human rights. Prospects for achieving global recognition of cultural heritage rights have improved recently through interrelated activities being undertaken at the United Nations High Commission for Human Rights, in a Norwegian network of heritage, environmental and rights agencies, and at the United Nations Permanent Forum on Indigenous Issues. These advances relate mostly to Indigenous heritage, whereas the cultural heritage of other groups, such as women, children, and youth, or, in many parts of the world, ethnic and racial minorities that are not considered Indigenous peoples, lack comparable recognition and respect.