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sharing best practice regionally and globally and this can be seen from the registers
and database referred to above. These might also provide guidance to Pacific states.
In this sense, ratification of CSICH would allow Pacific nations to share experi-
ences with other SIDS beyond the region. This could be facilitated through the
UNESCO regional office in Samoa.
Capacity building and awareness raising is also a focus for UNESCO.
Ratification of CSICH would facilitate this and may also provide a focus for inter-
national aid where projects are based upon UNESCO and CSICH programs.
Barriers and Challenges
While the ratification of CSICH may provide opportunities to enhance protection
of Pacific heritage, there are also some barriers. Many SIDS have limited financial
and technical capacity and therefore may be reluctant to take on new obligations
under international law that divert resources from other projects. Yet, in the context
of CSICH, it can be seen that most of the state responsibilities are already being
addressed. CSICH requires states to identify heritage, prepare an inventory, estab-
lish a national focal point and develop a national policy. The above analysis shows
that these measures are either being done or planned for the near future. However,
additional obligations such as treaty reporting requirements are often seen as a
practical barrier to ratification of international treaties in the region (Jalal
2006
).
Drafting legislation is another significant challenge to the Pacific SIDS.
Difficulties in developing national legislation have obstructed World Heritage
inscriptions and will likely pose a challenge in the implementation of CSICH too.
Designing new laws is no simple matter. The SIDS are now independent, but have
been left with a common law legal system which was imposed during colonial times
on a strong tradition of customary law and practices. This situation is what com-
mentators refer to as “legal pluralism” (Merry
1988
). Customary laws and traditional
practices have guided Pacific communities for generations (Colding and Folke
2000
). It is clear that there were customary laws to protect heritage and cultural
expression (RaoRane
2006
) as well as other social norms, such as secrecy (Zagala
2004
). New legislation that conflicts with customary law is unlikely to succeed, so
the two frameworks must be reconciled if positive outcomes are to be achieved. This
legally pluralist context complicates the development of new law and places addi-
tional pressure upon national governments. While the UNESCO databases may offer
some guidance, it is clear that new laws would need to be designed on a state-by-
state basis. The Pacific SIDS are in a poor position to make extensive legislative
assessments and revisions as they lack financial resources and an appropriate pool
of expertise. Perhaps this is an area where UNESCO could take the lead and conduct
research focused on assisting legally pluralist nations. Similar work has been done
in relation to legal pluralism and human rights (International Council on Human
Rights
2009
) and environmental law (UNEP
2009
).
A further consideration, one not well addressed by CSICH, is the economic reality
in the Pacific: issues of economic development remain dominant. As noted above,
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