HagaMUN – 6,7 and 8 March 2020

 SPECIAL CONFERENCE THE FIRSTProtecting Cultural Heritage6th, 7th and 8th of March 2020Gymnasium Haganum, The HagueForum: The Special Conference Sub-Commission 1Issue:Protection of cultural heritageStudent Officer:Quan NguyenPosition:Deputy ChairIntroductionThe world is at a stage where globalization is increasing by the day. The growth in the world’s interdependence can be seen now more than ever with countries trying to increase their global influence. The world’s economies are becoming integrated as well as culture. It is inevitable that countries’ cultures will spread around the world. Cultural heritage remains one of the most important attributes of a group’s identity making it worthy of protection. In recent years, countries have experienced harassment in regards to their cultural heritage. Ideologies, mosques, shrines, churches, monasteries and even historical sites have been victims of these attacks, aimed to diminish cultural practices. These intangible attributes should not be infringed upon. The protection of cultural heritage has been ignored by the world’s biggest nations. This is largely due to states not finding the motivation and benefits in helping these crises’. Despite the importance of individuals states’ cultural heritage, lending aid to preserve another state’s cultural heritage is sporadic.Multiple attempts have been made to strengthen the protection of cultural heritage. The United Nations Educational, Scientific and Cultural Organizations (UNESCO) plays a significant role in the formation of laws to protect these cultural heritages. There have been several treaties and covenants that have been ratified by the several states, yet we can see violations of these treaties on numerous scales. The Uyghur scandal in China is a specific example where the protection of cultural heritage has completely been abandoned. The Uyghurs are a Turkish ethnic group within China, recognized native to the Xinjiang Uyghur Autonomous Region of the People’s Republic of China. China is facing growing criticism for putting Uyghurs into ‘re-education’ camps where Uyghurs are being brainwashed to leave their cultural beliefs behind and re-integrate with China’s beliefs. This has been on-going for several years yet states have omitted to act. The only method that is raising awareness is social media campaigns that do little to an authoritarian nation such as China. This can be seen as China’s slow re-education to the entire Uyghur population, eradicating their cultural heritage. This is just one of the many incidents where we can identify ethnic cleansing. There are many other instances such as the Rohingya crisis in Myanmar, where there is discrimination against an entire ethnic group which leads to arson rendering them homeless. These attacks on ethnic groups are violations of their Human rights in accordance with The Universal Declaration of Human Rights. They lost their freedom of thought, freedom of torture and freedom from discrimination. Tackling this issue will be the first step to a world of religious freedom. Definition of Key TermsCultural HeritageCultural heritage refers to a certain way of living in an ethnic group that is passed on through generations. This can include religious practices, interactions, artefacts, historic sites. Cultural heritage can both be intangible and tangible attributes. Tangible attributes in cultural heritage refers to visible artefacts such as buildings and landscapes. The Netherlands has a rich cultural artefact with wooden shoes or ‘Klompen’. However, cultural heritage can also take form in intangible attributes which relates more in symbolic ways. Speech, traditions and oral history are intangible artefacts as they aren’t objects. The protection of both these cultural heritages should be of most importance. RatificationRatification: ‘The action of signing or giving formal consent to a treaty, contract, or agreement, making it officially valid’. There have been several treaties and covenants put in place where member states have ratified too. These covenants and agreements are put in place by UNESCO and the Council of Europe (CoE) to solidify the protection against cultural heritage. Human RightsHuman rights are rights that all humans are entitled to without discrimination despite their race, gender, sex, skin colour, language, and religion. They are universal, indivisible, interdependent and interrelated. They are often expressed by law and presented in treaties, customary international law, and general principles. These rights law down the foundation for states to follow. To ensure that there are no violations of human rights, there are methods put in place in order to preserve these rights. Codification, the action of putting these rights and integrating them into law. Protection, Once these laws have been set, they must be protected. Promotion, human rights laws must be promoted in other states so that it can be implemented universally. Monitoring, to ensure that there aren’t any breaches to human rights, monitoring is needed. Universal Declaration of Human RightsThe Universal Declaration of Human Rights (UDHR) is a historic document, set in place by the UN General Assembly, it was officially adopted in 1948. The UDHR consists of 30 articles which are fundamental to each human being (find in Appendix 1).GlobalizationThe increase of interdependence and influence from countries in the world. Globalizations plays a large role in the protection of cultural heritage. Access to information is becoming so easy in an interdependent world. With globalization, there will be clashes between cultural heritages. ISIS wanted to spread its influence and ‘culture’ on an international scale in a radical manner. AuthoritarianA government system that is characterized by its limited political freedom for the citizens and obedience to the central government. This allowed China to silence the Uyghurs due to different views politically. China has declared this ethnic group as terrorists, over the past years, millions over Uyghurs have been arbitrarily arrested, imprisoned and sent to re-education camps. Ethnic CleansingThe mass killing or even eradication of one ethnic group. This is apparent in the current Myanmar, Rohingya crisis. The Rohingyas are an ethnic minority group that is subject to ethnic cleansing. This caused mass immigration to neighbouring countries such as Bangladesh. Myanmar is eradicating the entire ethnic group by arson and raiding their homes. This is a clear violation of the UDHR, yet no countries have taken action yet. Discrimination‘The unjust or prejudicial treatment of different categories of people, especially on the grounds of race, age or sex (According to the dictionary). This is key to cultural heritage as prejudice has arisen from stereotypes. In the battle for the protection of cultural heritage, dealing with discrimination will be one of the first steps to take. IdentityThe qualities, set of beliefs, personality, looks, expressions that are tied to a person which makes them identifiable. Cultural heritage is intertwined with identity as a person’s culture and background attribute to their identity. Ethnic groupsA group of people who identify with the same ethnicity e.g. Asian, Eurasian, African American. Each ethnic group has its cultural heritage that they want to protect. Both tangible and intangible aspects of this heritage are important in the preservation of their identity. International LawA body of rules established by custom or treaty and recognized by nations as binding in their relations with one another.Key IdeasAttacks on cultural heritageThroughout the years, there have been numerous attacks by states in order to eradicate ethnic groups. The problems lie in that states are not willing to lend aid as it costs funds and they won’t yield any benefits from it. Even though laws are set, no real consequences have surfaced as the UDHR is a nonbinding document. China’s and Myanmar’s cultural conflicts are only known due to mass media. Immediate steps need to be taken in order to preserve this cultural heritage.Formation of treaties and covenants in response to attacks on cultural heritageBoth at regional and international levels, treaties and covenants have been put in place in order to protect cultural heritage. In Europe, the Council of Europe has set up several conventions in response to the attacks on cultural heritage (will be explored later). UNESCO has set up conventions internationally to tackle this problem as well. Even the International Criminal Court protects the culturally significant monuments in the Rome Statute and prosecutes those individuals who damage or attack cultural heritage areas.International LawThe basis of protecting cultural heritage areas and sites in international law is laid out by the Geneva Convention Protocol I and II.Protocol I deals with international armed conflicts. Specifically, article 53 of Protocol I relates to cultural objectives and areas prohibits any kind of hostile act against historical monuments, works of art, or places of worship which constitute the cultural or spiritual heritage of peoples as well as their use in any military effort or use of them as the subject of retaliation. It covers the same idea of protection as Art. 1 of the 1954 Hague Convention, but the obligation appears much more stringent, both in relation to the obligation resulting from the Hague Convention and from that resulting from the 1907 Hague Regulations. This protocol contains no deviation, even for reasons of military necessity. Protocol II deals with non-international armed conflicts. Particularly, Art. 16 refers to culture. It reiterates the prohibition of committing hostile acts against historic monuments, works of art or places of worship which constitute the cultural or spiritual heritage of peoples, and their use in support of military efforts. This protocol leaves outside its boundaries isolated and sporadic acts of violence and a number of similar types of internal unrest. However, there have been cases of internal conflict which eventually received an international character, for which the way the Protocol was applied has been disputed. Major Countries and Organizations InvolvedUNESCOThe United Nations Educational, Scientific and Cultural Organizations helps in establishing international treaties. UNESCO seeks peace through cooperation internationally in Education, Culture and the Sciences. UNESCO’s mission It protects cultural heritage by; Standard-setting activities (Concerning the preparation and implementation of international legal instruments, and acting as Secretariat in that regard).Technical and scientific assistance, and support for training and capacity-building.Policies to combat illicit tracking and for the return and restitution of cultural property.Preservation, safeguarding, rehabilitation and conservation measures (assistance for developing conservation tools and techniques, and museums, stressing the concept of access and the role of museums as places of exchange and education).Policies to promote, educate, raise awareness and inform aimed at the general public and professionals. It has organized thousands of conventions such as the convention for the safeguarding of the intangible cultural heritage (2003) to battle against attacks on cultural heritage.Blue Shield InternationalThe Blue Shield International (formerly known as the International Committee of the Blue Shield) is an international governmental organization which was founded in 1996 to protect the world’s cultural goods and heritage sites from threats such as armed conflicts and natural disasters. Their key goals are laid out in their Blue Shield Statute which are;protect cultural and natural heritage – tangible and intangible – from the effects of conflict and environmental disaster;promote the ratification of, respect for, and implementation of, the 1954 Hague Convention and its two Protocols;raise awareness of the importance of protecting heritage in emergencies;promote and provide relevant training (to heritage professionals, the armed forces, other emergency responders, and those involved in preventing the illicit trafficking of looted objects);promote community engagement with and participation in protecting cultural property (CP);encourage cooperation with, and between, other relevant entities involved in emergencies.This IGO achieves its means through international laws such as the Geneva convention protocols as well as international humanitarian law (IHL). The IHL, which also is known as the Law of War or Law of Armed Conflict, is a set of rules which seek, for humanitarian reasons, to limit the effects of armed conflict on people and property.Council of EuropeThe Council of Europe is an international organization in 1949 who has a stated aim to uphold human rights, democracy and the rule of law in Europe. A core aspect of their mission is to the protection of cultural heritage. According to their website, they “strive towards a Europe where the diversity of cultures, the arts, and cultural heritage are essential to the development of a genuine openness of mind and basic rights, and where open and interactive processes and practices of culture that combine to help us deal with the complexities of living with ourselves and one another.” The Islamic State of Iraq and LevantThe Islamic State of Iraq and Levant (ISIL) (also known as the Islamic State of Iraq and Syria) is an internationally recognised terrorist militant group that follows a fundamentalist, Salafi jihadist doctrine of Sunni Islam. They operate mainly in Iraq, Syria and the Levant area in general. Between June 2014 and February 2015, ISIL was recorded to have destroyed and plundered 28 historical religious buildings. Timeline of EventsDateDescription of Events1853American government implemented the “Lieber Code” which was the first attempt at creating rules during a time of war for the protection of cultural goods1874Brussels Deceleration was the first internationally codified treaty which laid out the protection of cultural goods and monuments. 1899 and 1907The Hague Convention lays down the first basis of crimes of war and war times in international law.November 14 1945The United Nations Educational, Scientific and Cultural Organisation is established (UNESCO). August 12, 1949The creation of the Laws of War in the Geneva Conventions occurs. It prohibits the attack on any ICRC (International Committee of the Red Cross) personnel.May 14, 1954Ratification of the Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict occurs. November 16, 1972UNESCO adopts the Convention Concerning the Protection of the World Cultural and Natural Heritage.2014 - The Islamic State of Iraq and the Levant (ISIL) enter and destroy monuments of cultural significance. Relevant UN Treaties and EventsBrussels Declaration, 1874The Hague Convention of 1899 and 1907. Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict, 1954The Geneva Convention Protocol I and II, 1977 Possible SolutionsProtecting cultural heritage is something that has only been done through law and through organizations not related to the united nations with the exception of UNESCO. There are two main ways which can be used to effectively protect cultural heritage sites. Hard powerFirstly, one could think of using the military or some kind of hard power force to protect these areas. This is fairly simple to do in areas where there are no conflicts currently occurring but for areas where there are, specifically the Middle East and Africa, it would be quite dangerous to do. However, this would be a very helpful aid to already a military presence in the area. Most of the military presence especially in the middle east has multiple mandates including protection of cultural heritage sites and so peacekeeper presence would be very helpful to the region and allowing to maintain the heritage sites. Setup of an international heritage site court systemSecondly, another method is to set up an international heritage site court system. Whilst the ICC does cover this, they only address it in terms of conflicts and many damages to heritage sites fall through as it deemed not important enough by the ICC to prosecute with. As such, by creating a separate judicial system which works under the treaties mentioned above as well as others could allow for all issues of protection of heritage sites to be addressed and prosecuted. BibliographyAbbasi, Snober. “Commonwealth Countries Urged to Lead on the Protection of Cultural Heritage.” The Commonwealth, 2019, media/news/commonwealth-countries-urged-lead-protection-cultural-heritage.“Cultural Heritage - Research Guide International Law: Peace Palace Library.” Cultural Heritage - Research Guide International Law | Peace Palace Library, peacepalacelibrary.nl/research-guides/special-topics/cultural-heritage/.“Democracy.” At the Council of Europe - Homepage, coe.int/en/web/culture-and-heritage.“External Relations.” The Council of Europe's Relations with the United Nations, coe.int/en/web/der/united-nations.Hayes, Anna. “Explainer: Who Are the Uyghurs and Why Is the Chinese Government Detaining Them?” The Conversation, 4 June 2019, explainer-who-are-the-uyghurs-and-why-is-the-chinese-government-detaining-them-111843.“International Heritage Organisations.” Department of the Environment and Energy, .au/heritage/organisations/international.“UNESCO and the Cultural Heritage: United Nations Educational, Scientific and Cultural Organization.” UNESCO and the Cultural Heritage | United Nations Educational, Scientific and Cultural Organization, new/en/culture/themes/illicit-trafficking-of-cultural-property/unesco-database-of-national-cultural-heritage-laws/frequently-asked-questions/unesco-and-the-cultural-heritage/.“What Are Human Rights?” OHCHR, en/issues/pages/whatarehumanrights.aspx.“What Is Cultural Heritage.” Culture in Development, cultureindevelopment.nl/cultural_heritage/what_is_cultural_heritage.“Rome Statute.” International Criminal Court, 2011, icc-cpi.int/resource-library/documents/rs-eng.pdf.Papaioannou, Katerina. “THE INTERNATIONAL LAW ON THE PROTECTION OF CULTURAL HERITAGE .” International E-Journal of Advances in Social Sciences, 2017, ijasos.tr/download/article-file/298438.AppendicesAppendix 1 - Articles of the UDHRThe articles of the United Declaration of Human Rights are listed as follows (taken from the United Nations human rights office of the high commissioner).Article 1: We are all born free and equalArticle 2: Freedom from DiscriminationArticle 3: Right to LifeArticle 4: Freedom from SlaveryArticle 5: Freedom from TortureArticle 6: Right to Recognition Before the LawArticle 7: Right to Equality Before the LawArticle 8: Right to RemedyArticle 9: Freedom from Arbitrary DetentionArticle 10: Right to a Fair TrialArticle 11: Presumption of Innocence and International CrimesArticle 12: Right to PrivacyArticle 13: Freedom of MovementArticle 14: Right to AsylumArticle 15: Right to NationalityArticle 16: Right to Marry and to Found a FamilyArticle 17: Right to Own PropertyArticle 18: Freedom of Religion or BeliefArticle 19: Freedom of Opinion and ExpressionArticle 20: Freedom of Assembly and AssociationArticle 21: A Short Course in DemocracyArticle 22: Right to Social SecurityArticle 23: Right to WorkArticle 24: Right to Rest and LeisureArticle 25: Right to an Adequate Standard of LivingArticle 26: Right to EducationArticle 27: Right to Cultural, Artistic and Scientific LifeArticle 28: Right to a Free and Fair WorldArticle 29: Duty to Your CommunityArticle 30: Rights are Inalienable ................
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