Committee on Participation in Global Cultural Heritage Governance
The 79th Biennial Conference proved to be historic, as it marked the first ever virtual conference in the history of the International Law Association (ILA). The Conference took place from 29 November to 13 December 2020. CS Consulting’s participation focused on the Committee on Participation in Global Cultural Heritage Governance. This Conference provided the Committee the opportunity to follow up on all of the work done throughout the year in the field of cultural heritage law, and to set the groundwork for the new upcoming year.
The Conference had three main objectives. The first objective was to present what the Committee has done over the past two years to fulfill its mandate. This has resulted in the writing of a draft Interim Report, addressing participation in a range of international and regional organisations which directly or indirectly affect cultural heritage governance. The Report addresses shortcomings and issues appearing in international law, from the perspective of cultural heritage law and its inclusivity. It was analysed and its recommendations were discussed. CS Consulting and other participants in the Conference were given the opportunity to ask questions about the Report’s content. Defining participation as direct and unfiltered, differentiating between consultative and consensual participation and the inclusion of procedural safeguards were all key issues.
The second objective of the Conference was to discuss future work and to plan what direction the Committee would take while fulfilling its mandate over the next two years. Following the initial research into cultural heritage governance participation through international and regional organisations, national states and governance mechanisms at a domestic level would be the focus of the Committee’s upcoming research. State and domestic level practices will provide the Committee with a different perspective whilst addressing the present shortcomings of international law in the field of cultural heritage governance. Such perspectives may present creative solutions and help with the draft Interim Report and its recommendations. The Committee had prepared a 14-point questionnaire to guide the upcoming research. Participants in the Conference were given the opportunity to provide feedback regarding the wording and the questions shaping the upcoming research. In closing the second part of the Conference, a further virtual working session was organised for January 2021.
The third and final objective of the Conference focused on international cultural heritage law at large. Participants in the Conference had prepared presentations on recent developments in the field, predominantly on past successful ILA projects and landmark anniversaries for international treaties in this area. The UNESCO Convention on Underwater Cultural Heritage and the 1995 UNIDROIT Convention on Stolen or Illegally Exported Cultural Objects were some of the key presentations. Throughout this segment of the Conference, it became clear how ILA had played an important role in addressing issues arising within the field of international cultural heritage law. This role, more so than ever, continues to be crucial, as international law might be vital in providing cultural heritage law a much needed tool for safeguarding in an ever modernising world.