Reparations for cultural loss

Abstract

Destruction, damage and dispossession of culture and heritage loom large in actions pursued by indigenous peoples at the international, regional and domestic levels. This chapter considers how the claims and remedies for cultural losses sustained by indigenous peoples, collectively and individually, push the existing boundaries of international law. First, it outlines how culture and its manifestations is conceptualized by indigenous peoples. Second, how claims for cultural loss are framed by expanding upon existing international human rights law and international humanitarian law is explained. Finally, it examines the application of recent developments at the international and regional levels to accommodate broader mechanisms of redress for cultural loss sustained by indigenous peoples.