Handbook on Peace Agreement Draft Language

Cultural Heritage

Chapter [24]: Cultural Heritage

Introductory Notes

Cultural heritage, such as sites of cultural significance, are often damaged or destroyed as a result of armed conflict. Armed forces can target sites of cultural significance to eliminate or change the identity of the population under attack, thereby altering, and in some cases destroying, the entire social fabric. Peace agreements can help build trust and promote social healing by incorporating provisions that view cultural heritage as a fundamental component of the state or region’s history and identity, condemning attacks on cultural sites, protecting against future destruction, and committing to cultural heritage restoration and reconstruction.

Definitions

Cultural heritage: can be defined as the legacy of physical artifacts and intangible attributes of a group or society inherited from the past. The nature of the conflict will determine the extent to which a peace agreement addresses each aspect:

Tangible cultural heritage: Artifacts, monuments, groups of buildings, sites, and museums that possess symbolic, historic, artistic, aesthetic, ethnological, anthropological, scientific, or social significance, whether located on land or submerged underwater.

Intangible cultural heritage: Practices, representations, expressions, knowledge, skills, and associated instruments, objects, artifacts, and cultural spaces that communities, groups, and individuals recognize as part of their cultural heritage.

Goals of Protecting Cultural Heritage

Protecting cultural heritage aims to safeguard the living culture of populations, human rights and dignity, and the interests of past and future generations. Protecting cultural heritage may serve to:

  • Safeguard National Identity: Cultural heritage can help strengthen and preserve national identity. Cultural heritage embodies a shared history, values, and collective memory, serving as a unifying thread across diverse groups within a society. In states characterized by a plurality of religions, cultures, and ethnicities, this shared cultural heritage is a critical foundation for national unity and identity.
  • Promote Cultural Diversity: Cultural heritage encourages respect for diverse traditions, customs, and histories. Respect for diversity helps to reduce cultural tensions and creates a foundation for peaceful coexistence based on mutual recognition.
  • Enhance Education and Cross Cultural Communication: By promoting awareness of shared histories and diverse cultural expressions, measures that incorporate cultural heritage into education encourage dialogue, reduce prejudice, and build understanding between different groups.

Why Include This Chapter

The inclusion of a Cultural Heritage Chapter in a peace agreement may serve to:

  • Recognize and protect cultural symbols, practices, and sites that are integral to the identity of communities and states. Restoring damaged cultural heritage and preventing further destruction can help communities reconnect with their history and traditions, reinforcing their sense of self and dignity.
  • Acknowledge the destruction or neglect of cultural heritage during the conflict, contributing to a sense of justice and historical reckoning and complementing memorialization processes. This may be particularly significant for marginalized or oppressed communities whose cultural expressions were deliberately targeted as part of the conflict.
  • Demonstrate a more complete understanding of the suffering as a result of the conflict, thereby enhancing the agreement’s legitimacy.
  • Reaffirm commitments to international legal frameworks. Explicit commitments to international law can also increase legitimacy and elicit international support for the peace process.
  • Support the provision of job opportunities and income for affected communities, linking cultural preservation with economic recovery and sustainable post conflict development. The restoration and promotion of cultural heritage can stimulate local economies through tourism, traditional crafts, and cultural industries.

Core Issues Addressed

Most peace agreements with a Chapter on Cultural Heritage address the following core issues:

  • Recognition of Cultural Heritage: This section helps to frame the Chapter around building trust, social cohesion, and legitimacy by acknowledging rights, cultural diversity, and the profound impact of cultural heritage on communities affected by the conflict.
  • Protection of Cultural Heritage: In this section, parties may explicitly protect cultural heritage, acknowledge and condemn the destruction of cultural heritage during armed conflict, and set out measures to halt further damage and prevent future damage.
  • Commitment to Uphold International Obligations: Reiterates commitments to international agreements that parties have ratified and outlines intentions to ratify additional relevant instruments.
  • Acknowledgment and Condemnation of Destruction of Cultural Heritage: Recognizes the extent of damage and condemns it.
  • Commitments to Halt Damage and Mitigate Harm: Outlines commitments to halt and prevent actions that endanger or destroy cultural heritage, and sets measures to counteract the impact of destruction.
  • Reconstruction: Provisions for restoring and reconstructing cultural heritage sites and artifacts, including commitments related to reconstruction and restoration, repatriation of artifacts, and memorialization.
  • Promotion of Cultural Heritage: Recognizes rights related to culture and the importance of promoting culture through education and media.
  • Consultation with Affected Communities: Affirms that affected communities have the right to be closely consulted on all initiatives related to cultural heritage.
Draft Language:

Recognition of Cultural Heritage

Note to Drafters: Cultural heritage can play a vital role in rebuilding trust and social cohesion after conflict. Recognizing cultural heritage affirms the dignity of all affected communities and fosters a sense of common identity. Drafters may recognize a right to promotion and protection of cultural heritage, commit to respect different customs and culture, include a comprehensive recognition, or a combination of these.

Recognition of Rights
All citizens shall have the right to the promotion and protection of cultural heritage.
Commitment to Respect Customs and Cultural Heritage
The Parties commit to respect the customs, traditions, and languages of the [different] communities [with a view to upholding the ethnic / religious / cultural / regional diversity of the state and communal rights] and cultural heritage sites [, [such as / including] places of worship].
Comprehensive Recognition of Cultural Heritage
The Parties agree that the recognition, protection, and promotion of cultural heritage constitutes shared and universal values.

The Parties recall that, under Article 27 of the Universal Declaration of Human Rights, everyone has the right to freely participate in the cultural life of the community. The protection and preservation of cultural heritage are essential to the realization of this right and are particularly vital for safeguarding the identities of the communities affected by the conflict.

The Parties acknowledge that damage to cultural heritage, regardless of its origin, affiliation, or custodianship, constitutes harm to the cultural legacy of the communities [state / all humanity].
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Protection of Cultural Heritage

Note to Drafters: To recognize consequences of destruction of cultural heritage and to ensure future protection, parties may enshrine protections within the agreement.

Protection of Cultural Heritage
The Parties commit to protect [and preserve] cultural heritage [sites], in line with international standards.
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Commitment to Uphold International Obligations

Note to Drafters: This section reaffirms existing obligations and can also commit parties to ratify additional international instruments related to cultural heritage.

Commitment to Uphold International Obligations
The Parties reaffirm their commitment to respect and fully implement their obligations under international law concerning the protection of cultural heritage, [including, where applicable, obligations arising under the Convention for the Protection of Cultural Property in the Event of Armed Conflict and its two Protocols (1954 and 1999), the 1970 UNESCO Convention, the 1972 World Heritage Convention, and the 2003 Convention for the Safeguarding of the Intangible Cultural Heritage].

[The parties / competent authorities] commit to taking all necessary legislative, administrative, and practical measures to ensure the effective protection, preservation, and restoration of cultural heritage [within their jurisdictions].

[In addition, [the parties / state] shall actively consider acceding to or ratifying [relevant international instruments] aimed at enhancing the protection of cultural heritage and preventing its unlawful destruction or appropriation, and aligning national frameworks with applicable international standards.]
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Acknowledgment and Condemnation of Destruction of Cultural Heritage

Note to Drafters: Parties may explicitly acknowledge and condemn harm caused by destruction of cultural heritage during conflict.

Comprehensive Consensus
The Parties acknowledge that the conflict resulted in widespread damage to cultural heritage and unequivocally condemn such acts as violations of international law [including, where applicable, the Convention for the Protection of Cultural Property in the Event of Armed Conflict and its two Protocols (1954 and 1999), the 1970 UNESCO Convention, the 1972 World Heritage Convention, the 2003 Convention for the Safeguarding of the Intangible Cultural Heritage, and other international norms].
Basic Consensus
The Parties acknowledge that the conflict contributed to widespread damage to cultural heritage. The Parties express deep regret over these losses and affirm that the destruction of cultural heritage — whether incidental or deliberate — constitutes a loss to all peoples.
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Commitments to Halt Damage and Mitigate Harm

Note to Drafters: This section sets out commitments to halt, prevent, and counteract damage to cultural heritage.

Commitments to Halt Damage and Mitigate Harm
The Parties agree to immediately cease all actions that may endanger, damage, or destroy cultural heritage. The Parties further commit to abstain from future acts of destruction or degradation, to prevent such acts by individuals or groups under their control or influence, and to cooperate in good faith for the protection and preservation of cultural heritage.

[Each party / state] shall take all necessary measures to protect, preserve, and rehabilitate cultural heritage.

[The parties / state] shall cooperate with relevant national, regional, and international entities, such as the United Nations Educational, Scientific and Cultural Organization (UNESCO) in protecting cultural heritage.
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Reconstruction

Note to Drafters: Restoration, reconstruction, and repatriation can be critical for preserving cultural heritage and supporting reconciliation.

Measures to Revive and Restore
The Parties will take measures to revive [the] cultural heritage, to halt illegal removal and displacement of cultural heritage, and to restore damaged cultural heritage and artifacts [by [deadline]].
Comprehensive Cultural Programs
The Parties designate the following as priority cultural programs to be implemented in [areas affected by the conflict / state]:

Conducting a comprehensive assessment and inventory of conflict-related damage to cultural heritage, to be initiated within [x days] of the entry into force of this Agreement and completed no later than [x months] thereafter;

Ensuring the protection, reconstruction, and restoration of damaged cultural heritage, with restoration activities commencing no later than [x months] following the completion of the assessment and inventory, and substantial progress achieved within [x months] of initiation, [subject to available resources and technical feasibility];

Facilitating the repatriation and recovery of cultural heritage unlawfully removed during the conflict, with coordinated action plans developed within [x months] of this Agreement’s entry into force and implementation pursued on an ongoing basis;

Re-establishing or rehabilitating public cultural institutions, including museums, cultural centers, libraries, and artistic societies, with a comprehensive needs assessment conducted within [x months] and phased rehabilitation to begin within [x months] of the execution of this Agreement;

Adopting legal and institutional reforms to ensure the protection of cultural heritage in accordance with international standards, with draft legislation and policy measures prepared within [x months] and formal adoption occurring within [x months] of the Agreement’s execution; and

Strengthening cooperation with relevant national and international institutions and organizations, with engagement protocols and cooperation frameworks established within [x months] of the entry into force of this Agreement.

[The Parties may decide to establish a Committee under this Agreement, which shall be responsible for overseeing the effective implementation, coordination, and monitoring of the commitments set forth in this Chapter.]
Repatriation of Cultural Heritage
Cultural heritage of significance to [a Party], [[or] linked to the heritage of communities within its jurisdiction], and unlawfully removed or displaced during the conflict, shall be returned to [that Party / its lawful owners].
The Party in possession of such cultural heritage shall be primarily responsible for facilitating its repatriation.
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Memorialization

Note to Drafters: Memorialization can help restore disrupted cultural narratives and support a shared sense of identity. It can appear here or within a chapter on transitional justice.

Memorialization
The Parties agree to undertake memorialization initiatives to honor the victims of the conflict. These initiatives shall contribute to individual and collective healing, reconciliation, and foster education and awareness regarding the conflict and its consequences.

Memorialization may include, but is not limited to public ceremonies, museums, documentation centers, monuments, commemorative days, and other symbolic or educational initiatives.

Such initiatives shall be designed to promote reconciliation, affirm the Parties’ commitment to protecting cultural heritage, and contribute to the prevention of future violence to cultural heritage.

The Parties shall engage in inclusive consultations and dialogue with all levels of society to identify collective goals for memorialization, including through public meetings, feasibility studies, and needs assessments, with particular attention given to the views of individuals and groups most affected by the conflict.
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Promotion of Cultural Heritage

Affirmation of Cultural Rights

Note to Drafters: Cultural rights are fundamental to identity and social cohesion. Parties may include provisions that affirm cultural rights and promote cultural heritage.

Affirmation of Cultural Rights
The Parties affirm that the right to participate freely in cultural life is a fundamental human right, as recognized under international law. In accordance with this principle, the Parties shall take appropriate measures to protect, preserve, and promote the cultural heritage of all communities [within their respective territories or areas under their control or influence].

In particular, cultural, linguistic, and religious communities shall have the right to practice their beliefs, preserve their history, develop their language, and promote their culture in accordance with their customs and traditions.

To uphold and promote the right to culture, the Parties shall:

- Respect and protect cultural heritage;

- Enable and support cultural activities for all individuals and communities, both individually and collectively; and

- Encourage the establishment of cultural associations dedicated to the preservation of national, ethnic, and religious identities.

The Parties further recognize the importance of preserving cultural sites and locations traditionally used by affected communities for the practice of their cultural, spiritual, or ceremonial traditions. The competent authorities shall:

- Identify culturally significant sites and locations in consultation with the relevant communities;

- Develop and recommend appropriate protocols for the preservation, protection, and access to such sites; and

- Monitor the implementation of preservation measures and report regularly on its progress.
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Education

Note to Drafters: Including cultural heritage in education can preserve collective memory, foster respect for diversity, and prevent recurrence of violence.

Education
The languages, cultures, and beliefs of all communities shall be respected, promoted, and protected, including through education.

The Parties shall promote the right of all individuals and communities [within their jurisdiction] to a multicultural education that recognizes, disseminates, and promotes the history, customs, traditions, and cultural contributions of all communities.

The Parties shall develop and implement educational policies that:

- Recognize, respect, and promote diverse cultural values, traditions, and identities, including of affected communities;

- Incorporate diverse cultural and educational concepts, including those of affected communities, particularly in the philosophical, scientific, artistic, pedagogical, historical, linguistic, and socio political areas;

- Expand and promote intercultural and bilingual education, with emphasis on the study of languages affiliated with affected communities; and

- Ensure the full realization of the right to education for all.
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Media

Note to Drafters: Media can transmit cultural values and knowledge, support reconciliation, and promote broader understanding of a community’s history, values, and heritage.

Media
The Parties recognize that media play a critical role in the preservation, development, and transmission of cultural values and knowledge. Accordingly, the state shall ensure:

- Respect for the cultural identities and expressions of all communities;

- Promotion of cultural and linguistic diversity;

- Prevention of all forms of discrimination; and

- Protection and promotion of the cultural heritage of all peoples.

- To promote awareness of this Agreement and support its implementation, the Parties shall:

- Establish or support radio stations focused on coexistence, reconciliation, and peacebuilding;

- Allocate airtime on public media for related programming; and

- Develop a dissemination plan with timelines and oversight mechanisms.

The Parties shall instruct the competent authorities to adopt legislation enabling communities to establish and manage their own media.

The Parties shall also establish a legal framework for communications that:

- Recognizes cultural diversity;

- Protects the right to use community languages in media;

- Guarantees freedom of expression and information; and

- Ensures inclusive participation in media governance.
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Consultation with Affected Communities

Note to Drafters: Community input helps identify cultural context and heritage. Inclusive approaches foster trust and confidence in the agreement.

Consultation with Affected Communities
The Parties commit to recognizing and protecting cultural heritage as a vital element of reconciliation and post conflict recovery. To this end, the Parties shall ensure that any actions concerning the identification, preservation, restoration, or commemoration of cultural heritage are undertaken in full consultation with affected communities. Such consultation shall be inclusive, culturally appropriate, and conducted in a transparent manner.

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