Emerging Human Rights Institutions: The Case of Museums in a Human Rights Culture

• Author: Jennifer Carter & Jennifer A Orange
• Profession: Professor of new museologies, intangible heritage, and cultural objects in the Department of Art History at the Université du Québec à Montréal (UQÀM)/Barrister and Solicitor (Ontario) is an adjunct professor and SJD candidate at the University of Toronto, Faculty of Law where she teaches International Human Rights Law and the Law of Armed Conflict
• Pages: 385-415

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EMERGING HUMAN RIGHTS

INSTITUTIONS THE CASE OF MUSEUMS

IN A HUMAN RIGHTS CULTURE

Jennifer Carter & Jennifer A Orange1

"One thing to remember is to talk to the animals. If you do, they will

talk back to you. But if you don’t talk to the animals, they won’t talk

back to you, then you won’t understand, and when you don’t under-

stand you will fear, and when you fear you will destroy the animals,

and if you destroy the animals, you will destro y yourself."

— Chief Dan George2

A. INTRODUCTION

When we debate the idea of human rights, we often hear the voices of

two seemingly opposite groups. The rst praises laws that enable the

realization of the dignity of all people, ourishing to their human po-

tential and experiencing the beauty of our rich and diverse societies.

The other is more cynical, or perhaps, realistic. The second notes the

historica l and ongoing violations of human r ights by oppressive states,

1 Jennifer C arter, PhD, is Profes sor of new museologies, int angible heritage ,

and cult ural objects i n the Departme nt of Art Histor y at the Université du

Québec à Montréa l (UQÀM).

Jennifer A O range, B.A., LL.B., LL .M., Barriste r and Solicitor (Ontar io),

is an adjunc t professor and SJD cand idate at the Univer sity of Toronto,

Faculty of L aw where she teaches International Human R ights Law and the

Law of Armed Con ict.

2 “Chief Dan George,” online: Ca lifornia I ndian Education

www.californiaindianeducation.org/famous_indian_chiefs/dan_george/.

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organi zation s, and individuals despite both the post-Second World War

founding of the United Nations (UN) to safeguard the “equa l rights of

men and women and nations large and small”3 and the subsequent con-

clusion of numerous inter national human rights treaties intended to

enforce this commitment.

This chap ter addresses the pot ential of cult ural in stitutions to br idge

the gap in civi l society bet ween the inspirat ion and cynici sm that prevai l

in human r ights discourses and, more sp ecically, to enrich the impor t-

ant work of national human right s instit utions. It proposes a new for m

of human rights instit ution to promote human rights within the fabr ic

of civil societ y. Ou r focus is the potential of mus eums to contribute pur-

posefully to a human rig hts culture, although we do not mean to limit

the discussion to the museum. We leave open the possibility for some

new and unique for m of institution t hat combines human rig hts law and

culture i n a yet undiscovered way. While a nu mber of social inst itutions,

such as huma n rights commissions , are discussed at leng th in this book,

it is worth dwel ling on the distinc t roles of cultural inst itutions such as

museums, li braries, and arch ives to raise awareness about hu man rights

and to perform a s catalysts for social t ransformation in the important

arena of huma n rights.

Our essay is div ided into three sections. We begin by imagining

what a cultu re of human rights look s like by deni ng its terms and goa ls.

We then review the ma ndates and work of National Human R ights Insti-

tutions (NHRIs), within the UN’s mechanisms, for the purpose of com-

paring their goals and methods wit h the work of museums. L astly, we

exami ne how cultural ins titutions support the de velopment and susten-

ance of such a cult ure, using examples of museum s as institutions tha t

communicate a nd educate about, and now increasi ngly across the globe

advocate for, human r ights. We conclude this section w ith an analysi s of

the foundin g ideas of the Canadian Mus eum for Human Rights (CMHR).

We assess the work that ha s already been done to esta blish the CMHR, a s

well as its potent ial to promote a human rights culture in Canada and

beyond.

3 Charter of the United Nations, 26 June 1945, Ca n TS 1945 No 7, Pre amble [UN

Charter].