Kim Lee has authored a student note entitled “The Amaigh’s Fight for Cultural Revival in the New Libya: Reclaiming and Establishing Identity Through Antiquity“, 11 Seattle Journal for Social Justice 1 (2012). From the introduction:
A look at the Amazigh and the ongoing conflict in Libya illustrates this issue. This article seeks to investigate the problems that are caused by a lack of governing laws and conventions by using the Amazigh as a lens into the issue, and to serve as a catalyst for further exploration of the subject. This article’s primary purpose is to draw attention to the debate about indigenous antiquities and cultural property, while acknowledging that events surrounding the debate are constantly developing. More specifically, this article asserts four main points. First, because indigenous communities are already underrepresented in their societies, a barrier is created that prevents the recognition of threats to their archaeological artifacts and cultural property. Second, there is often a dearth of information associated with antiquities of indigenous communities, making current bodies of law difficult to apply. Third, even if such information were available, current international law is still inapplicable because it is seriously inadequate when it comes to addressing indigenous artifacts and cultural property. And fourth, the complex nature of But very few of these conventions and treatises address indigenous antiquities and cultural property. This is especially true when an indigenous community has been oppressed by a governing regime that is later overthrown, and when specific information regarding the indigenous community’s antiquities is difficult to obtain or perhaps even nonexistent. Given the large number of indigenous communities in the world, this is an issue that must be addressed. A look at the Amazigh and the ongoing conflict in Libya illustrates this issue. This article seeks to investigate the problems that are caused by a lack of governing laws and conventions by using the Amazigh as a lens into the issue, and to serve as a catalyst for further exploration of the subject. This article’s primary purpose is to draw attention to the debate about indigenous antiquities and cultural property, while acknowledging that events surrounding the debate are constantly developing. More specifically, this article asserts four main points. First, because indigenous communities are already underrepresented in their societies, a barrier is created that prevents the recognition of threats to their archaeological artifacts and cultural property. Second, there is often a dearth of information associated with antiquities of indigenous communities, making current bodies of law difficult to apply…
