Memory, Cultural Heritage and Community Rights

Abstract

For centuries church bells have constituted an inherent element of religious and social life. Due to their artistic and pecuniary value, the bells have also been subjected to forced removal and/or pillage. This article discusses the role of church bells as vehicles of the collective memory and cultural identity of selected ethnic and religious communities in Europe which were deeply affected by the post-World War ii territorial arrangements: namely, the Italian, Slovenian and Croatian communities of Istria and Ukrainians re-settled from Poland. Against the background of these cases it explores the clashes within various layers of international law dealing with culture and cultural heritage: humanitarian law, state succession, protection of the integrity of cultural heritage sites, and human rights. Viewed through such a lens, some suggestions are offered on how to overcome these conflicts in order to enforce the cultural rights of communities and protect their right to enjoy their material and spiritual heritage.