Restoring cultural property and communities after conflict

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IntroductionThe destruction of cultural property represents an attack on a community's history, cultural and religious activities and even identity, and can serve as a way to eliminate diversity and divergent historical narratives. Recent years have seen an increase in incidences of intentional destruction of cultural property during conflict, for example in Iraq and Syria. While established legal frameworks outline the obligation to protect cultural property during conflict, there has been little consideration of the ways in which different actors can respond to and make reparations for destruction which has already occurred. One development has been the growing recognition of the need to criminalise and prosecute attacks on cultural heritage, as evidenced in international criminal tribunals such as the International Criminal Court. However, challenges remain for those who would seek to respond to such harms, both in terms of the appropriate legal frameworks to be used, and in relation to the practical and ethical challenges associated with the restitution and restoration of cultural property. This project contributes to this emerging discussion. It aims to develop a 'thicker' understanding of the impact of the destruction of cultural property on the affected communities. It will explore the practical challenges associated with protecting and restoring cultural property after armed conflict, and consider to what extent transitional justice processes can effectively respond to the harm caused by the destruction of cultural property. Being aware of the the dangers associated with giving preferential treatment to the perspectives of elites over affected communities, the project will also analyse in whose interests' reparative projects are designed and implemented, and will aim to challenge elitist perspectives by engaging directly with affected communities. MethodsThe project uses Cambodia as a case study. In Cambodia, the Cham Islamic minority were were subjected to genocide and religious persecution during the Khmer Rouge regime, and an estimated 130 mosques were destroyed. Many Cham are now participating in the work of the Extraordinary Chambers in the Courts of Cambodia, where a number of accused face charges related to persecution and the destruction of cultural property. The ECCC has the power to award reparations for harms resulting from the destruction of cultural property if the accused are found guilty of those crimes, but will rely on external sources of funding and organisation in order to deliver such reparations As a case study, Cambodia therefore provides an opportunity to explore the role of courts, civil society and international actors in responding to the destruction of cultural property, as well as offering an opportunity to speak with affected communities.The project team will collaborate with a local NGO known as the Documentation Centre for Cambodia (DC-Cam) and will conduct focus groups with affected communities, in order explore the impact of the destruction of cultural property on those communities. Interviews will also be conducted with practitioners involved in restoration projects elsewhere, and with individuals involved in the prosecution of cultural heritage crimes. OutputsThis project will produce outputs which help inform future policy responses to the destruction of cultural property and development in relation to cultural heritage and cultural diversity. Collaborating with DC-Cam, the project team will produce:- Guidelines on developmental multi-actor responses to the destruction of cultural property. - A proposal advocating for the restoration of Cham cultural property. The specific sites will be determined by fieldwork and consultation with local actors and civil parties. The proposal will be disseminated in the form of a legal submission to the ECCC.-A broader Cambodia policy document for organisations potentially involved in the provision of reparations.