This paper presents information that will assist those who are involved in protecting buildings, monuments, art, traditions and cultures. The session will suggest that disputes involving history and conservation of cultural property can be usefully examined from a combined cultural, spiritual, environmental and commercial context. For example: where did the cultural property originate, if known (cultural)? What meaning does the cultural property have (spiritual)? What are the known consequences of removing the cultural property from its origin or destroying it (environmental)? What value does the cultural property have (commercial)? The paper will examine to what extent balancing each context can be useful in bringing cultural property disputes to resolution, as well as the impediments. For example, will attempts to value cultural property in a monetary way cause offence?
Other considerations which will be examined include: * the use of cultural property – should indigenous people be able to ‘exercise authority and influence’ over cultural property or get a ‘fair distribution of substantive rights…under legal and policy frameworks’? * ownership of cultural property – is cultural property a private right (which can be owned or transferred) or a public interest (incapable of ownership)? * what are the relevant legal or policy mechanisms to involve people or provide a space for them to plan, manage or govern their cultural property? In conclusion, practical tips will be provided for those working with history, conservation and who are looking to the future.
Helen was a Member of the National Native Title Tribunal for 12 years, appointed by the Governor General of Australia in 2010. She conducted multi- party mediation’s across Australia and made over 660 binding arbitral decisions. Her experience has led her to research, as part of a PhD, in the role of dispute resolution in cultural property disputes. Helen is an accredited mediator and a qualified legal practitioner, holding a Bachelor of Arts with Honours in Psychology from the University of Western Australia, and a Bachelor of Laws and Master of Education from Murdoch University.