Read The Times Australia

Daily Bulletin

Cultural heritage is often overlooked when assessing refugee claims. Here’s why this is a mistake

  • Written by: Sherine Al Shallah, Doctoral Researcher, Refugee Cultural Heritage and Connected Rights Protection | Affiliate, Kaldor Centre for International Refugee Law | Associate, Australian Human Rights Institute, UNSW Sydney

Cultural heritage has long been targeted during conflict. This includes the destruction of the famous Bamiyan Buddhas by the Taliban in Afghanistan and Russia’s attempts to erase the Ukrainian language in areas of the country it has occupied since 2014.

Cultural heritage loss has been extensively documented in the long-running Israeli-Palestinian conflict, too. Since the current war broke out in October 2023, at least 144 prominent historical monuments and cultural sites have been destroyed in Gaza, such as churches, mosques and the ancient city of Anthedon.

This cultural heritage loss can have implications on the continuity of Gazan Palestinians as a national group due to the erasure of their collective identity and memory.

The Rome Statute specifically protects cultural property from attacks during war. This includes sites dedicated to religion, education, art, science or charitable purposes, as well as historical monuments. Unlawful attacks on civilian objects that may constitute cultural property are also protected.

The International Criminal Court has used this statute to prosecute individuals for war crimes too. In 2016, the court found Ahmad al-Faqi al-Mahdi guilty of intentionally directing attacks against religious and historic buildings in Timbuktu, Mali. He was sentenced to nine years in prison.

But when it comes to protection for refugees on the basis of cultural heritage – and taking into account cultural heritage loss specifically – there are very few pathways available.

Palestinians inspect a destroyed mosque in Gaza.
Palestinians inspect the destroyed Al Bokhari mosque following an Israeli airstrike in Deir Al Balah, southern Gaza Strip, in March. Mohammed Saber/EPA

What is refugee cultural heritage and why is it important?

Cultural heritage plays a significant role in shaping identity. It includes our traditions and practices, as well as physical heritage sites and objects, and people’s relationships with them.

For refugees, cultural heritage can include both the heritage of their home countries, as well as that of other countries where they have lived in exile. This means that if a Rohingya refugee from Myanmar spends time in a camp in Bangladesh, their heritage would incorporate influences from both places, in addition to the refugee experience itself.

Respecting “exile heritage” in asylum claims allows refugees the “right to exit” – or distance themselves from – the heritage of their home countries if they no longer agree with its values.

Refugee status is determined by states that are party to the 1951 Refugee Convention based on five grounds of persecution: race, religion, nationality, membership of a particular social group and/or political opinion. These five grounds are all interlinked with cultural heritage. Yet cultural heritage alone is rarely relied upon to assess evidence of persecution.

Until this year, for instance, the United Kingdom had been one of 12 countries not to have ratified the 2003 UNESCO Convention on Intangible Cultural Heritage. The convention aims to recognise and safeguard a wide variety of cultural practices and traditions for people around the world.

And scholars believe this may have played a role in a well-known asylum case in Scotland.

In the early 2000s, members of a minority Somali clan known as the Bajuni applied for asylum in Glasgow, claiming persecution from the Somali government.

The asylum seekers did not have documentation to support their claim that they belonged to the clan that had been persecuted. So, the UK government administered linguistic and cultural tests to assess whether they were, in fact, members of the clan.

Many failed the linguistic tests because they had lived in exile in refugee camps where they learned to speak other languages, in addition to the English they learned in the UK. As a result, they were denied asylum and forced to live in prolonged limbo, seeking protection from other countries or a return to Somalia.

Scholars who studied the case said the UK’s absence from the UN convention established

a precedent in which other state actors (that is, immigration authorities) are emboldened to advance scepticism over matters involving intangible cultural heritage.

Members of the Bajuni community later launched a campaign to highlight the importance of recognising refugee cultural heritage more broadly in asylum claims to include “exile heritage” and to integrate the evolution of cultural heritage in these assessments.

After many years of debate, the UK finally ratified the convention in early June.

How should Australia’s policy respond to this?

When the Australian government assesses refugee claims, it requires applicants to recount experiences of persecution on the five grounds of race, religion, nationality, membership of a particular social group and political opinion.

This should be broadened to specifically include cultural heritage. For asylum seekers from Ukraine or Gaza, for example, the government should assess claimants’ language skills, cultural connections to their home countries and experiences in exile, in conjunction with the five grounds of persecution.

Recognising a refugee’s cultural heritage both in their home country and after they’ve fled is essential. It humanises refugees and provides them with a better opportunity for protection.

Though asylum seekers are often persecuted as members of a group, their claims are assessed as individuals. By ignoring the cultural heritage of people claiming refugee status, we are suppressing their identities.

Authors: Sherine Al Shallah, Doctoral Researcher, Refugee Cultural Heritage and Connected Rights Protection | Affiliate, Kaldor Centre for International Refugee Law | Associate, Australian Human Rights Institute, UNSW Sydney

Read more https://theconversation.com/cultural-heritage-is-often-overlooked-when-assessing-refugee-claims-heres-why-this-is-a-mistake-228384

Business News

Why Modular Content Is Transforming Modern Marketing Teams

Modern marketing teams are expected to produce more content than ever before. They need to support websites, landing pages, email campaigns, social channels, product pages, sales enablement material...

Daily Bulletin - avatar Daily Bulletin

Everything You Need to Know About Getting Support from Optus

Whether you've been an Optus customer for years or you've just switched over, at some point you'll probably need to contact their support team. Maybe your bill looks different from what you expected. ...

Daily Bulletin - avatar Daily Bulletin

The Marketing Strategy That’s Quietly Draining Sydney Business Owners’ Bank Accounts

Sydney businesses are investing more in digital marketing than ever before. The intention is clear. More visibility should mean more leads, more customers, and steady growth. However, many business ...

Daily Bulletin - avatar Daily Bulletin

Why Mining Hose Solutions Are Essential For High-Performance Industrial Operations

In environments where the ground itself is constantly shifting, breaking, and being reshaped, every component must be built to endure. Mining operations are among the most demanding in the industria...

Daily Bulletin - avatar Daily Bulletin

The Reason Talented Teams Underperform

If you’re in business, you might have seen it before. A team of capable and smart people just suddenly slows down, and things start spiraling out of control. On paper, everything looks perfect, but ...

Daily Bulletin - avatar Daily Bulletin

Why More Aussie Tradies Are Moving Away From Paid Ads

Across Australia, a lot of tradies are busy. There’s no shortage of demand in industries like plumbing, electrical, landscaping, and building. But being busy doesn’t always mean running a smooth or...

Daily Bulletin - avatar Daily Bulletin

Why Careers In The Defence Industry Are Growing Rapidly

The defence sector has evolved far beyond traditional roles, opening doors to a wide range of opportunities across technology, engineering, intelligence, and operations. This is where defense industry...

Daily Bulletin - avatar Daily Bulletin

Strategic partnerships to enable global acceleration for Aussie fashion brands: SHEIN Xcelerator launches

SHEIN Xcelerator is introducing a more agile, demand-led operating model, allowing brands to scale while retaining control over creative direction and identity. For fashion brands, the pressure t...

Daily Bulletin - avatar Daily Bulletin

Tips for Avoiding Probate Delays

Probate can be a lengthy process at the best of times, and delays often compound the stress that comes with managing a loved one's estate. Many of those delays are avoidable with the right preparati...

Daily Bulletin - avatar Daily Bulletin

The Daily Magazine

Australia’s Best Walking Trails and the Shoes You Need to Tackle Them

Australia is not short on spectacular walks. You can follow ocean cliffs in Victoria, cross ancien...

Why Pre-Purchase Building Inspections Are Essential Before Buying a Home in Australia

source Have you ever walked through an open home and started picturing your furniture, family d...

5 Signs Your Car Needs Immediate Attention Before It Breaks Down

Car problems rarely appear without warning. In most cases, your vehicle gives clear signals before...

Ensuring Safety and Efficiency with Professional Electrical Solutions

For businesses in Newcastle, a safe and fully functioning workplace remains a key part of day-to-d...

Choosing The Right Bin Hire Solution For Hassle-Free Waste Management

When it comes to managing waste efficiently, finding the right solution can save both time and eff...

Why Cleanliness Is Critical In Childcare Environments

Children explore the world with curiosity, often touching surfaces, sharing toys, and interacting ...

What to Look for in a Reliable Australian Engineering Partner

Choosing an engineering partner is rarely just about technical capability. Most businesses can fin...

How to Choose a Funeral Home That Supports Families with Care

Choosing a funeral home is rarely something families do under ideal circumstances. It often happen...

Why Premium Coffee Matters in Modern Hospitality Venues

In hospitality, details shape perception long before a guest consciously evaluates them.  Lightin...