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16 Indonesian J. Int'l L. 1 (2018-2019)

handle is hein.journals/indjil16 and id is 1 raw text is: Indonesian Journal of International Law (2018), Vol. 16 No. 1, pp. 1 - 27 http://dx.doi.org/10.17304/ijil.vol16.1.741 MOVING CULTURES: ENGAGING REFUGEE AND MIGRANT CULTURAL RIGHTS IN INTERNATIONAL HERITAGE LAW Lucas Lixinski * • University of New South Wales, Australia Correspondence: 1.lixinskigunsw.edu.au Abstract In thinking about the rise of the Anthropocene, an important facet of this looming new era remains under-explored: namely, how cultural identity, and its tangible and intangible markers, are to be renegotiated and protected. Notwithstanding that the origins of international heritage law lie in protecting heritage in times of crisis (wartime and natural or man-made disasters), regimes under UNESCO for safeguarding cultural heritage in international law are ill-prepared for the challenges of the Anthropocene. A particular question that needs to be considered is the protection in international law of cultural heritage and identity when communities are displaced from their homes. Because international cultural heritage law is connected to state territoriality, states have the ultimate authorizing power over the meanings and uses of cultural heritage. In the past, this power has at times been used to the detriment of minority groups contesting the majoritarian state. But how might this power play out in a context where communities are forced to move? What, if anything, can international heritage law do to ensure that these populations, who have already lost their homes and livelihoods, can maintain their cultural identity through the protection of their heritage? I argue that international law ' separation between the cultural and biological facets of human existence presents a major obstacle to safeguarding the cultures of migrant and refugee groups, ultimately frustrating the very objectives that this separation was meant to achieve, namely, the protection ofthese populations. Only by reintegrating biology and culture can international law create the means for reimagining civilization in the Anthropocene. Keywords: cultural heritage, Anthropocene, refugees, migrants, UNESCO, intangible cultural heritage, territoriality Submitted: 24 July 2018 1 Revised: 22 September2018 I Accepted: 5 October2018 I. INTRODUCTION The rise of the Anthropocene draws increasing attention in the social sciences more generally. And, yet, much of the concern relates to the immediate impact on human livelihoods, comprising access to clean water, food, sanitation, and disappearing territory. Those questions are indeed most pressing and urgent, but in focusing on them, we also create a blind spot that prevents us from thinking beyond that immediacy. More specifically, when we think about our responses to the Anthropocene, much of our focus seems to be somewhat dystopian, told in a language of crisis in which our social and cultural systems will collapse, and a Copyright © 2018 -Lucas Lixinski, Published by Lembaga Pengkajian Hukum Internasional

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