Many developed countries recognise the importance of heritage conservation and the destruction of heritage sites as a human right infringement. Uncontrolled development has led to the demolition of heritage sites. This article explores the extent of the right to heritage through the spectrum of international instruments in identifying practical approaches in the designation and conservation process. This article is essential to highlight the best practice of heritage management in Malaysia. This study applied the qualitative method using library-based doctrinal research. Reference to Malaysian legislation in relation to heritage conservation, such as the Federal Constitution, the National Heritage Act 2005, and the Town and Country Planning Act 1976 was made. Besides, international legal instruments, such as the Universal Declaration of Human Rights and the International Covenant on Economic, Social and Cultural Rights were also analysed. For case reports, full courts' judgements were obtained from CLJ Law and Lexis Nexis. Secondary sources such as journal articles, conference papers, and websites were accessed online. This study found that while human rights features are present in the local legislation, their application is scarce and very limited. In the decision-making for the designation and management of heritage sites, there is a lack of recognition of human rights. The involvement of members of the public in the process is also limited. This article concludes that a human-rights-based approach should be emphasised to foster greater public participation in heritage designation and management. This article recommends that future research focus on reviewing the current legislation to embed human-right elements explicitly in their provisions.
Ali, I. A. M. (2016). Penang heritage community unhappy with outsiders invading their privacy. The Star. http://www.thestar.com.my/news/nation/2016/10/04/upset-and-angry-over-rude-tourists-penang-heritage-community-unhappy-with-outsiders-invading-their-p/.
Basyer, M. (2017). Morning blaze destroys three shop houses in George Town. The New Straits Times, p. 3.
Bennoune, K. (2016). Cultural heritage is a human rights issue. UNESCO. http://whc.unesco.org/en/news/1581
Bennoune, K. (2018). Statement by Special Rapporteur in the field of cultural rights at the 37th Session of the Human Rights Council. United Nations Office of High Commissioner. https: www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=22908&LangID=E
Blake, J. (2011). Taking a human rights approach to cultural heritage protection, Heritage & Society, 4(2), 199-238, DOI: 10.1179/hso.2011.4.2.199
Campagna, D. (2017). Implementing the human right to take part in cultural life: trends and perspectives of inclusive cultural empowerment. Peace Human Rights Governance, 1(2), 169-193.
Cardosa, E. (2017). Status revocation not provided by law. The New Straits Times. http://www.nst.com.my/news/2017/01/202296/status-revocation-not-provided-law- 6 January 2017.
Dian, A. M., & Abdullah, N. A. (2013). Public participation in heritage sites conservation in Malaysia: Issues and challenges. Procedia: Social and Behavioral Sciences, 101, 248 – 255.
Dian, A. M., Abdullah, N. A., & Hashim, N. (2018). Interpretation of sites of memory: inclusiveness principle in heritage sites conservation in Malaysia. International Law Conference 2018, Kuala Lumpur, Malaysia.
Ekern, S., Logan, W., Sauge, B., & Sinding-Larsen, A. (2012) Human rights and World Heritage: Preserving our common dignity through rights-based approaches to site management. International Journal of Heritage Studies, 18(3), 213-225, DOI:
10.1080/13527258.2012.656253
Francioni. F. (2008). Culture, heritage and human rights: an introduction. International Studies in Human Rights Brill Online Books and Journals, 95, 1-16.
Kaur, B. (2017). Island Hospital development project raises ire of Penang citizens group. The New Straits Times. https://www.nst.com.my/news/nation/2017/09/277260/island-hospital-development-project-raises-ire-penang-citizens-groupKraak, A.L. (2017). Impediments to a human rights-based approach to heritage conservation: the case of Bagan, Myanmar. International Journal of Cultural Policy, 23(4), 433-445.
Noyes, J. E. (2011). The Common Heritage of Mankind: Past, Present, and Future. Denver Journal of International Law & Policy, 40, 447-471.
Odello, M. E. (2011). The Right to Take Part to Cultural Life: General Comment No. 21 of the United Nations Committee on Economic, Social and Cultural Rights. Spanish Yearbook of International Law, 27, 493-521.
Romainville, C. (2015). Defining the Right to Participate in Cultural Life as a Human Right. Netherlands Quarterly of Human Rights, 33(4), 405–436.
https://doi.org/10.1177/016934411503300404
Shaheed, F. (2011). UN Committee on Economic, Social and Cultural Rights (CESCR), General comment no. 21, The right to enjoy the benefits of scientific progress and its applications (art. para 1b of the Covenant on Economic, Social and Cultural Rights. United Nations. http://www.refworld.org/docid/4ed35bae2.html
Shaver, L. (2010). The right to science and culture. Wisconsin Law Review, 1, 121-184.
United Nations’ International Covenant of Economic, Social, and Cultural Rights. (1966). https://www.ohchr.org/en/instruments-mechanisms/instruments/international-covenant-economic-social-and-cultural-rights
Ziegler, K. S. (2007). Cultural Heritage and Human Rights. Oxford Legal Studies Research Paper No 26/2007 September, 1-23.
In-Text Citation: (Dian et al., 2022)
To Cite this Article: Dian, A. M., Ikhsan, M. I., & Nizamuddin, T. I. M. T. M. (2022). Human Rights-Based Approach and Challenges in Malaysia’s Built Heritage Preservation. International Journal of Academic Research in Business and Social Sciences, 12(8), 164–171.
Copyright: © 2022 The Author(s)
Published by Knowledge Words Publications (www.kwpublications.com)
This article is published under the Creative Commons Attribution (CC BY 4.0) license. Anyone may reproduce, distribute, translate and create derivative works of this article (for both commercial and non-commercial purposes), subject to full attribution to the original publication and authors. The full terms of this license may be seen at: http://creativecommons.org/licences/by/4.0/legalcode
