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International Journal of Cultural Property (2018) 25:111–133. Printed in the USA.
Copyright © 2018 International Cultural Property Society
doi:10.1017/S0940739118000012
Human Rights-Based Approaches to World
Heritage Conservation in Bagan, Myanmar:
Conceptual, Political, and Practical
Considerations
Anne-Laura Kraak*
Abstract: This article considers the role of recently adopted human rights-based
policies in the context of preparations for the world heritage nomination of
Bagan in Myanmar. Several conceptual, political, and practical factors influence
the way in which such policies can be implemented. Conceptually, conflicting
interpretations of the meaning of certain categories of human rights—most
notably, cultural, development, and land rights—create ambiguity about who
has rights to what. Politically, multilateral and bilateral negotiations between
states parties inform whether and how human rights-based policies are enforced.
On a practical level, implementation of such policies may be challenged by the
low legal and administrative capacity of the state of Myanmar. Taking account
of these factors, it is argued that human rights-based approaches can provide
certain valuable insights but remain subject to serious limitations.
INTRODUCTION
In the last few years, several scholars and policymakers have explored the potential
of human rights language to make claims to ownership and control of the past as
well as to draw attention to unjust side effects of heritage conservation.
1
A number
of them have suggested that the adoption of a human rights-based approach to
*Faculty of Arts and Education, Deakin University, Victoria, Australia; Email: alkraak@gmail.com
1
See, e.g., ICOMOS 1998; Silverman and Ruggles 2007; Hodder 2010; Langfield, Logan, and Nic
Craith 2010; Meskell 2010.
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