The cultural heritage of a nation or community is its legacy, passed on through historic places, monuments, artifacts, works of art, folklore and traditions. It is a source of identity and a way to connect with the past, which should be protected and preserved so that it can inspire future generations. However, cultural heritage is increasingly at risk, as globalization leads to cultural homogenization, overshadowing unique traditions, and conflicts and wars cause destruction and looting of valuable artifacts. The preservation of cultural heritage requires not only a legal framework, but also cooperation and the involvement of the public and private sector. The article analyzes these issues from a socio-legal perspective, examining the interplay between legal protection, conservation, and preservation in relation to law, society and culture.
The study of cultural heritage is multidisciplinary, involving social science and humanities research. It is the subject of extensive international conventions and national laws, but its preservation poses a number of challenges. These are largely related to the changing nature of modern societies and their attitudes toward traditional cultures, which is reflected in both political and economic changes. Cultural heritage preservation requires a combination of a traditional approach, which is focused on the physical aspects of the heritage, and a more modern and inclusive one that takes into account the intangible heritage as well, such as language, music, traditional skills, and values.
Some of the most significant factors influencing the practice of heritage conservation are lack of public interest, illicit trafficking and promotion towards sustainable development, poor destination management and conservation practice, natural catastrophes and agricultural practices, as well as the lack of communities’ positive attitude toward cultural heritage. This is mainly due to the fact that local people may consider their cultural heritage to be backward and as a barrier to accessing modern society and economic wealth, a problem highlighted by Truscott.
A solution to the problems with cultural heritage preservation can be found in creating partnerships between the custodians of the culture and those who manage or organize it, as well as promoting the importance of this culture on different media platforms. Moreover, addressing the concerns of the younger generation by integrating their interests into cultural heritage preservation can be helpful in preserving this culture in the future.
The destruction of the mausoleums in Timbuktu is a dramatic and shocking example, demonstrating that cultural heritage has become a target for violent extremist groups and fundamentalist ideologies. It is therefore important to preserve cultural heritage and to ensure that it is accessible for future generations, as it has a great impact on the lives of many people. This can be achieved through collaboration between different stakeholders, including local government and UNESCO. However, these initiatives must be supported by effective laws and funding mechanisms that address the challenges of the preservation of cultural heritage and its sustainable use. This is possible only with the cooperation of all parties involved, which requires a deep understanding of the cultural significance of this heritage.