CYIL vol. 11 (2020)

IVAN RYŠKA CYIL 11 (2020) Two layers exist to the issue. The first is connected to the universal value of the destroyed sites. The sites were a tangible evidence of the glorious past of the city when it used to be a centre of education and intellectual life in the region from where Islam was spreading into Western Africa. As such they constitute an important part of Malian and African history and a contribution to the common heritage of mankind. 44 The second layer is related to the local population for whom the sites used to be an integral part of their lives. To present the approach of the Court towards cultural rights, we will focus on the second layer. The prosecutor mentions that the attack against the mausoleums was in fact an attack against the religious practices of local people 45 which were closely related to those structures. Even after the destruction of the sites, people continued to come and pray at that place, 46 which serves as evidence of deep connection between the sites and the local people. In terms of cultural rights, there is one more crucial element which is not linked to religious practices. It is based on the way the sites were maintained and on the implications of such practice for the whole community. All the mentioned structures were built in a traditional way from local materials that erode quickly in desert climate. 47 That is the reason why the buildings require regular repairs, which are usually carried out once per two years. These reparation works are not only a necessity but also an important cultural event that plays a significant role in maintaining relations within the local community. 48 These events were mentioned by the prosecutor as evidence of importance for the whole community. The maintenance of Timbuktu famous mausoleums is an ancient tradition. Ancient system of guilds still survives in Timbuktu – some professions are organized into firm units. 49 Those highly structured units are significant for the economic development of the city. One of these traditional guilds are the masons, who are important for the urban development in general. 50 The guild of masons is led by two important families, which are responsible for the restoration of the mosques Sankoré and Djingareyber ; all mausoleums are similarly related to a certain family that is responsible for their maintenance. 51 The masons are highly respected and recognized as a ‘living human treasures’ for their skills. The local population still believes they have supernatural magical powers and connects them with many believes from the pre- Islamic period. 52 The reparation works are a big social and cultural event. They are led by the masons and a big part of the local population takes part. They are carried out in one day, when the whole community gathers and helps in works. 53 It is an expression of unity of the community and recreation of social ties, ‘reinforcement of social fabric’. 54 Taking such practice into account, the destruction of sites could be recognized as a huge interference with the social structures 44 Ibid. 45 Ibid. 46 Ibid. 47 OULD SIDI, Ali. Monuments and Traditional Know-how: the Example of Mosques in Timbuktu. Museum International , 2006, Vol. 58, No. 1-2, pp. 229-230.

48 Ibid. 49 Ibid. 50 Ibid. 51 Ibid. 52 Ibid. 53 Ibid. 54 Ibid.

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