Ensuring the Viability of Cultural Heritage: The Role of International Heritage Law for Pacific Island States - Island Futures: Conservation and Development Across the Asia-Pacific Region - page 49

cultural heritage has important economic value and could provide one avenue for
sustainable development. While CSICH focuses on maintaining the functional use
and relevance of intangible heritage, it does not articulate how this might be
achieved in the context of development. To a certain extent the problem has been
addressed through the adoption of the Convention on the Protection and Promotion
of the Diversity of Cultural Expressions, which focuses upon, inter alia , the integration
of culture in sustainable development. 40 The Convention suggests aiding the emer-
gence of viable cultural industries, strengthening cultural activities and the production
and distribution of cultural goods and services, facilitating wider access to global
markets and networks, and encouraging appropriate collaborations between developed
and developing countries in areas, such as music and film. 41 Ratification of this
treaty should also be considered in tandem with CSICH.
The Way Forward
While law alone cannot safeguard heritage, it plays an important role in protecting
vulnerable heritage and creating an environment conducive to the establishment of
indigenous enterprises based upon cultural goods and services. International heritage
law can set global standards and catalyse normative action. It is important therefore
that the Pacific SIDS consider ratification of CSICH as the above analysis confirms that
the benefits far outweigh the added state responsibilities that this would entail.
In order to be effective, international law needs to be implemented at the regional
and national level. Particular regional issues must be recognized and therefore action
at that level must be facilitated. The UNESCO Pacific sub-regional office has a role
to play, as do Pacific organizations such as SPC and PIFS. The lack of appropri-
ate national legislation can be a barrier to both the recognition and safeguarding of
cultural heritage and leave indigenous traditional knowledge and cultural expression,
in particular, open to exploitation and misappropriation. There is little doubt that loss
of cultural diversity is a global problem requiring international attention, but there is
unlikely to be a single law and policy framework that suits every country. Indeed,
even with the best of intentions, when international law is translated into national
action, it may damage customary law and undermine local governance. Culturally
relevant domestic legislation is therefore needed. For this to be achieved, national
governments need to engage effectively with the communities and individuals who
are custodians of intangible cultural heritage. In designing new laws in the Pacific,
the legally pluralist context needs to be taken into account. Legislative approaches
which conflict with deeply ingrained customary laws and norms are unlikely to be
effective. Therefore the participation of local people is essential: not only in the
implementation of laws, but also in their design.
While heritage law and policy provides a solid foundation for the recognition
and safeguarding of cultural heritage, it does not operate in isolation. In order to
40 Article 13.
41 Article 14.