ABSTRACT
The present chapter discusses the little-examined area of cultural rights in times of disasters. Drawing from numerous examples, including the Indian Ocean Tsunami, the flooding in Pakistan and the bushfires in Australia, it explores the role of culture in disaster risk prevention and management from a legal perspective, insisting on those cultural rights that seem more pertinent in times of disasters. It examines therefore issues related to cultural identities, tangible and intangible cultural heritage as well as group rights – including indigenous livelihoods and indigenous Traditional Ecological Knowledge (TEK). Highlighting the links between cultural rights, cultural resilience and sustainable disaster management, it adopts a ‘broadened’ perception of cultural rights, explaining the transition of the international community from cultural rights to ‘cultural resilience’ – particularly visible in the recently adopted Sendai Framework. It suggests that it is now time for a more dynamic approach of the international community that encompasses enforcement of cultural rights as well as the building of cultural resilience for vulnerable populations.
