Dignity, Identity and Cultural Property in the Aftermath of Genocide

31 Pages Posted: 15 Nov 2020

See all articles by Robin Hickey

Robin Hickey

Queen's University Belfast - School of Law

Rachel Killean

The University of Sydney - Faculty of Law; Queen's University Belfast School of Law

Date Written: September 29, 2020

Abstract

This article seeks to contribute a ‘thicker’ understanding of the harm caused by the destruction of cultural property and the means through which that harm can be redressed. It centres the experience of the Cham, an Islamic group who were subjected to religious persecution and genocide during the Khmer Rouge regime in Cambodia. The article analyses attacks on the Cham’s cultural property and subsequent measures of redress, using Bernadette Atuahene’s interlinked property-loss concepts of ‘dignity takings’ and ‘dignity restoration’. We argue that exploring the Cham’s experience under the Khmer Rouge through the framework of ‘dignity takings’ facilitates a ‘thicker’ understanding of harm, linking the loss of property to experiences of dehumanisation, infantilization and community destruction. Turning to processes of ‘dignity restoration’, the article explores how responses to the Cham’s loss of cultural property have been iterative, at times unintentional and ultimately unsuccessful in redressing the full impacts of the loss. The article stresses the importance of moving beyond a focus on restitution and/or reconstruction in cases of cultural property loss, to develop a spectrum of interventions which reaffirm victims’ humanity, reinforce their agency, and allow them to meaningfully reconnect with their heritage.

Suggested Citation

Hickey, Robin and Killean, Rachel, Dignity, Identity and Cultural Property in the Aftermath of Genocide (September 29, 2020). Available at SSRN: https://ssrn.com/abstract=3701683 or http://dx.doi.org/10.2139/ssrn.3701683

Robin Hickey

Queen's University Belfast - School of Law ( email )

School of Law
Belfast BT7 1NN, BT7 1NN
Ireland

Rachel Killean (Contact Author)

The University of Sydney - Faculty of Law ( email )

New Law Building, F10
The University of Sydney
Sydney, NSW 2006
Australia

Queen's University Belfast School of Law ( email )

School of Law
Belfast BT7 1NN, BT7 1NN
Ireland

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