Guided historical and literary tour through the ages

The Protection Of Culture, Cultural Heritage And Cultural Property by Justice A. R. B. Amerasinghe. Published by the National Heritage Trust - Sri Lanka & Sarvodaya Vishvalekha 2006. 299 pages, Price Rs.1200.

Justice A. R. B. Amerasinghe, one of Sri Lanka’s pre-eminent legal scholars, has added another work of distinction to his list of publications. It is based on a keynote address he delivered at the Annual Meeting of the International Council of Monuments and Sites in 2005. The Antiquities Ordinance and the Eppawala case are additional sections of the book.

It is a publication which deals with a topic of great importance and urgency to a country like Sri Lanka which is such a rich repository of cultural treasures. It points out, with references to a number of specific illustrations, some of the many threats to the preservation of our cultural heritage and cultural property.

There are numerous factors which result in these threats. The pressure for development, the inflow of tourists, the lack of adequate physical and legal protection for cultural objects and the lack of public sensitivity are some of these. All these need to be addressed by a concerned public, a vigilant administration and a more sensitized legal system. International law has long recognized the importance of the preservation of cultural heritage and cultural property. This recognition has been manifested in a series of documents and is so well accepted that it can be said to be a principle of customary international law, which all nations are expected to accept and give effect to, through their legal systems.

What is needed is a translation of these well-accepted international principles into domestic laws and regulations. This means also that there should be an efficient administrative system which ensures that the law in the books is translated into the law in the field. No amount of book law is effective unless there is an efficient practical system to give effect to this law. Justice Amerasinghe’s work is a timely reminder of all these aspects.

One of the many interesting features of Justice Amerasinghe’s work is the richness of its historical reference. His illustrations range from Greek and Roman times to the period of the Crusades, from Henry VIII’s acquisition of monasteries in England to the French Revolution and the Napoleonic wars and finally to the devastation of cultural objects in the two World Wars. The references to the literature on the subject both legal and non legal are also extensive. In fact this book can be likened to a guided historical and literary tour through the ages and is for this reason a very satisfying and rewarding intellectual experience.

It is also rich in illustrations from Sri Lankan history of the importance attaching to historical and cultural objects. This book contains a detailed account for example of the attempts made throughout Sri Lankan history to preserve and honour the Sacred Tooth Relic.

The book also raises in the minds of the reader the question whether and in what way reparation can be made to nations for the plunder of their historic objects such as occurred during the art confiscations of the Napoleonic Wars and the transfers to Britain of cultural riches from all parts of the world, of which the Elgin Marbles are just one example.

Damage done in times of war is so serious and far reaching that various international conventions contain express provisions against such deprivations. From the deliberate destruction of Carthage and of every shred of evidence of its heritage in 149 BC, the Nazi regime’s deliberate destruction of entire cities and traces of Jewish presence in Europe, Justice Amerasinghe gives examples of the devastation caused by war. This has a lesson for us in an age when terrorism likewise spares nothing that stands in its way.

Peacetime

Just as Justice Amerasinghe’s book deals with the unimaginable damage done to historic buildings and cultural objects by war, it is also a useful reminder of the special efforts that need to be mounted even in times of peace to preserve a country’s cultural heritage. He illustrates this point by referring to the attack on 25th January 1998 on the entrance to Dalada Maligawa. It is difficult to imagine what dire consequences could have followed had any damage occurred to the relic chamber. There can be a few more telling examples of the enormous importance of protecting objects which are an integral part of the nation’s cultural heritage.

Sri Lanka’s ancient irrigation works are another feature calling for special attention. This unique system is a treasure not only of Sri Lanka but the world at large because it is widely considered to be the leading irrigation system ever devised. Justice Amerasinghe has referred in this context to the principle of sustainable development which emphasizes the need for weighing the opposing claims of development and sustainability – a consideration which was much in the minds of those responsible for our ancient irrigation system.

This irrigation system aimed both at achieving the maximum use of natural resources (eg: the edict that not a drop of water was to flow into the sea without first serving the needs of irrigation) while at the same time ensuring that whatever development took place was not at the expense of sustainability and the rights of future generations.

In this context, reference can also be made to the teachings of religion, for all religions stress the importance of preserving the rights of future generations and protecting the environment. The conflict between protection and development is indeed a theme that runs through the entirety of this subject and needs to be borne in mind in all phases of any proposed development project.

An example par excellence of this problem is provided by mining projects of which one of the most topical for Sri Lanka is the Eppawala Project. In Sri Lanka there is a danger that exploitation of these resources may well occur in the areas of some of our most precious historic sites.

Whatever the financial benefit to be gained from such an enterprise, we cannot afford it, and this is a matter which needs most careful consideration not only by the authorities but by the general public as well. Justice Amerasinghe draws attention to this and the Eppawala Judgement highlights the importance of the issues involved.

To summarize, Justice Amerasinghe’s work is a repository of important and interesting historical information – a guide to the areas that need attention and a reference to the important legal principles involved. It is a book to be read with pleasure and profit by all who are interested in the preservation for future generations of the achievements and mementos of the past.