Human Rights-Based Approach and Challenges in Malaysia's Built Heritage Preservation

Abstract

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 librarybased 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 decisionmaking 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.