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Cultural Heritage inAsia and the Pacific:

Conservation and Policy

Proceedings of a Symposium held in

Honolulu, Hawaii September 8-I3, 99


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Cultural Heritage inAsia and the Pacific:

Conservation and Policy

Proceedings of a Symposium held in Honolulu, Hawaii, September -3

Organized by the Committee

of the International Council on Monuments and Sites

r the Inrmation Agency

with the cooperation of the Get Conservation Institute

Magaet G H. Mac Lea Edito

The Getty osevato Isttute


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Phoo Credits

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Steve Satushek/ e mage Bak

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Page xiv Boroboudor Tmple Central

Java donesia * Marc Rboud/NE

Page Konarak 1dia Detail of thethirteeth-centu Sun Tmple. *Sunil Janah / NE

Page Symposium participants Wendy

Chen

World Heritage Stes

Edting and Projec Coordnaion

Margaret Mac ea

Deig n and Publiton Coordnaion

Jacki Gallagher

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COMO

The United States Committee f the

International Council on Monu-

ments and Sites is one f 65

national committees that jorm a

worldwide alliance jr the study and

conseration oj historic buildings,

districts, and sites The committee

serves as a us window on the

world by encouraging exchange oj

iformation and expertise between

preserationists in the United States

and abroad [ is headquar

tered in Paris France.

rCOMO

Decatur House

1600 H Street, WWashington D 20006 .A .(202) 842 1866

UIA

The United States Injormation

Agency is an independent agency oj

the executive branch oj the United

States government that promotes

and administers educational and

cultural exchange programs to

bring about greater understanding

between the people oj the United

States and those oj other nations

The U is represented in U

embassies around the world

through the United States Injor

mation Service

nited States nformation Agency

3 4th Street wWashington, 20547 .A

202) 69 4700

ORVAO

The Get Conseration Institute

an operating organization f the J

Paul Gett Trust conducts world

wide, interdisciplina prfessional

programs in scientc research

training and documentation through

inhouse proects and collaborative

ventures with other organizations

in the us and abroad Special

activities such as eld proects

international conjerences, and pub

lications serve to strengthen the role

the Institute

The Getty Conseration nstitute

3 Glencoe Avenue

Marina del Rey, Caliornia 90292

A

0) 822 2299


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77

Contents

Foreword

Peface

Acknowledgments

Endosement

Introduction

he mpact of Polcy on Cultua Heitage Potection

Conservation Policy Devery

Legal and Poicy ssues n the Potecton of Cutural

Heitage in South Asia and the Pacic

ssues That Affect Cutual Property, Specicaly Objects

n South Asa and the Pacic

Building for Consevaton: Appropiate Design fo

Environmental Contro n the ropics

105 he Plenay Session Summary of the Dscussion

3 Symposum Partcpants


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Foreword

Preserving the worlds cultural heritage for the enrich

ment and education of present and future generations is

foremost in the mission of the etty Conservation Insti

tute. The opportunity to join efforts with A and us /COMO in participating in a conference on cultural her

itage issues in the sia/Pacic region was a unique occa

sion to contriute to creating awareness for the

protection of the cultural heritage

Too often governmenta policies meant to encour

age economic deveopment or to increase the rate of

growth necessary for the socia good fai to consider the

impications for cutural property y the same token

experiences of management of historical or archaeologi

cal sites that have een successfu in one country or

region cannot e easiy transferred and applied to

another country. ut it is important to know of these

eperiences and to understand the concepts of protec

tion of cultural property at al leves of technical and

political decision making

Participating in the conference that rought

together responsie ofcials from sia and the acic

aso gave the etty Conservation nstitute the unique

opportunity to learn aout the prolems faced y many

authorities regarding the conservation and protection

of the cultural heritage and to otain rsthand infor

mation aout the most pressing issues in this region

o many individuals and organizations partici

pated in arranging for this meeting that it would e dif-cut to recognize all their contriutions Nonetheless

must mention specicaly the work of Dr. Margaret

Mac Lean as she rought her knowedge expertise

dedication and vision in a very special manner to the

success of the conference

Considered choices must e made to save the cu

tural heritage and to ensure that the image of human

ity is dened for now and for the future The etty

Conservation nstitute is happy to have participated

in and contriuted to this symposium and looks for

ward to a continuing dialogue on these pressing issues

of the artistic and historic legacy of an important part

of our world

iguel ngel Co

iecto he et Conevation ntitute


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Preface

In this symposium the nite tates nformation

gency (USIA) sought to increase the genera awareness

of cultura heritage issues in the sia/Pacic region

earing in min the consierale iversity of heritage

an of environmenta settings in which those issues

are confronte toay. variety of conservation con

cerns chalenge the professional communities in the

region focusing on a roa range of issues from his

toric town centers to museum collections to offshore

archaeologica sites.

One set of concerns relates to the seection of tech-

nical or managerial means for the protection of trea-

sure material an places nother important set of

concerns relates to the policies an mechanisms com

mon in societies al over the worl that have the effectof alowing the inavertent estruction of cultural

property Damage or estruction of signicant sites or

materias usualy occurs ecause of conicting interests

of pulic or private agencies or sectors an results from

miscommunication or misstatement of goals. There is a

rich heritage of art archaeology an architecture in

sia an the Pacic an the USA was particularly inter

este in ringing together the iniviuals most con

cerne with its protection to iscuss potential solutions

to share regiona chalenges.The gency also sought to stimulate opportunities

for increase regional cooperation while estalishing new

linkages eween the region an the nite tates. Many

USIA programs coul e enliste to hep counter the

iverse threats to the ian an Pacic cultura patri

mony These inclue the Fulright an Humphrey Fel

lows echanges the university an museum linkages

proects overseas liraries an information services the

traveling professiona evelopment seminars operate y

the nternational Visitors Oce an the ecturing

an consulting specialists operations. These program

opportunities may e utilize at the initiative of the USIS

ocers at merican emassies throughout the region

maor factor in our support of this symposium is

the gencys responsiility for eercising the Presients

eecutive nctions uner the .. Cultural Property

ct which is the legislation that enales merican par-

ticipation in the 70 NESCO Convention on the

unauthorize trae in cultural property. s a maor art-

importing country that has ratie the 70 Conven

tion the government is part of the institutiona

mechanism for making the Convention operational for

other signatories particuarly those that are osing unre

core archaeoogical an ethnographic materia to the

. art market Thus far the sia/Pacic region haseen unerrepresente in this process ut we woul

welcome the opportunity to coaorate with govern-

ments in this region to cur such unauthorize trae. t

the same time we recognize that for such colaoration

to e effective in the ong term nations must evelop

comprehensive cultural resource management systems

that are etter integrate with national policies for eco

nomic evelopment an the environment. Thus the

overarching purpose of the symposium was to avance

the notion that success longterm preservation of cutural resources rests on this premise.

Together with our experience an knowegeale

partners /COMOS an the etty Conservation

nstitute oth of which provie consierae support

an sustantive guiance in its evelopmentwe ear-

nestly hope that the Hawaii symposium was a maor

step in achieving the oectives we al so enthusiasti

caly enorse

nited tate nmation gen


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Aclnowledgments

The symposium was possile ecause of the initiative

support and sponsorshp of the nited tates nforma

tion gency Its sta in Washington and in the nited

tates emassies in the countries represented provided

invaluale support in assemling this international aud

ence The symposium was organized and coordinated y

the nited tates Commttee of the nternational

Council on Monuments and ites / COMO n close

cooperaton with the etty Conservation nsttute

Private sector grant support for the symposium

was generously provided y the Montauk Foundation

and the merican Epress Foundation pproprately

the symposium was convened at the EastWest Center

at the niversty of Hawai The Centers architectural

and natural environment contriuted to a sustainedinteraction among the participants and facilitated a

productive gathering

The Pacic Preservation Consortium of the mer-

ican tudies Department at the niversity of Hawaii

contriuted invaluale advice and arrangements for the

program tour destinatons facilities logistics and

accommodations

The symposium was planned to allow the foreign

participants to relate their discussions to local cultural

heritage institutions programs issues and projects nHawaii For their etended eorts in planning and con

ducting a series of related program events and assis

tance we are indeted to

merican nstitute of rchitects (Hawaii Chapter

for provsion of tour gudes

The ishop Museum for a special tour reception

and closng ceremony

Friends for Ewa for the plantation site visit

The Hawaii Department of Land and Natural

esources for tour destinations

The Hstorc Hawaii Foundation for the coordination

of local programs

The Mission Houses Museum for a site tour

The National Park ervice for a site visit to the

rizona Memorial

The Natonal Trust for Historic Preservation for

local advice and assistance

The Pacic egional Conservation Center for the

tour of its faclties and of archaeological sites

The Hawaii Internatona Hospitaity Center for evening of home hospitality for symposium participants

oton Hon A fAPeident


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Endorsement

cOMOS is proud to congratulate such enlightened od

ies as SA US/1COMOS, and the etty Conservation

Institute for the vision and foresight with which they

have addressed issues concerning the cultural heritage

of sia and the Pacic

n an address to the Ministers of Culture in sia in

173 we stated the need to learn from the experience of

two World Wars when much of the European cultura

heritage in the city centres and in the countryside was

razed to the ground sia which had een more fortu-

nate needed to e wiser and to resist rmly any such

catastrophe On this occasion a resolution was accepted

to ring together the senior physical planners of sia to

develop a code of cultural ethics for such calamities of

war and peace affecting sian monuments and sites

Whatever the ultimate outcome of this resolution e

the monuments and sites in sia are going the way of

Europe at even a faster pace. It is indeed opportune that

institutions such as the etty Conservation Institute and

1COMOS are ae to spotlight such threats to word culture

and to gather those responsile for its protection to deli

erate discuss and devise strategies to presere the cultural

heritage in this region

We are delighted to have had the opportunity to

participate and to share the enightened views of experts

in these elds Hopelly we will e ale to make some

smal dent in raising the consciousness of siaand

the worldas to the importance of safeguarding the

heritage of mankind for ture generations

oland ilva

Peident, [


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Introduction

In eptemer of , US/ICOMOS under a program

sponsored y the nted tates nformation Agency

convened a group of twentyeight peope from fteen

countries in Asia and the acc who work in mnis

tries agencies and other organizations wth mportant

responsiiities in cutura heritage protection Joined

y seventeen conservation and poicy professionas

from the nited tates France and Austraia they

came ogether o discuss the chaenges of conserving

their natons' patrimony and to consider how govern

ment poicies assist or confound this process.

The etty Conservation nstitute worked with

oth organizations to dene an agenda and design a

format for the veday meeting that woud encourage

the most interesting and productve atmosphere poss

e ven the many ways in which the suect of pro

tection of cutura property can e discussed the

organizers considered carefuy the seection of the

themes in order to achieve these oectives

We wanted to identi themes that were of recog

nized and shared interest for the entire region repre

sented n the symposium Toward this end we designed a

questionnaire to e competed y the invited participants

in a conversation with the cutura attach in the us

Emassy in each of the een nations to e representedy setting up such a meetng we hoped to open a dia

ogue that woud utimatey advance the interests of the

nations invoved regardng cutural heritage protection.

From the thoughtfu responses to the question

naire we earned that one concern at the regiona eve

invoved the panned and unpanned consequences of

pocy in the protection of the cutura patrimony In

this as in other regions of the word there are govern

ment poiciesexpcit and tacitthat unintenton

ay impede or conict wth the effort to protect the

cutura resources of these nations The second overar

ching concern reected in the responses to the ques

tionnaire was that many cutura sites are not eing

managed n a coordinated manner and osses and

damage were resuting from inattenton and disordered

or iconceived prorities.

These two concerns dictated the theme for the entire

meetng. A the panning of the sustance of the sympo

sium progressed we recognized the importance of theideas for the region and we determined that we woud

puish the papers and discussons of the meetng. This

ook s the resut of that decsion Two main presenta

tions were commissioned to frame these issues for discus

son in penary sessons and in working groups Three

ackground papers were commssioned in response to

stated needs for asic nformation in the region

In the rst presentation to the assemed group

Dr ynde V rott addressed the proem of

unpanned consequences of poicy decisions from her

unque vantage point as Chief of the Internationa

tandards ection of the Cutura Heritage Division of

SCO. he highighted vivid exampes of successes

and faiures from her years of experence in the arena of

nternationa aw and poicy. haron uivan ExecutiveDirector of the Austraian Heritage Commission

addressed the issue of conservation management from

her ong experience in creating schemes for managing

and protecting cutura heritage in nonEuropean con-

texts he encouraged the recogntion of the vaue of

indgenous approaches and the integrity of oca vaues

in the design anayss and impementation of pocy

From the questionnaire responses other research

and experience in the ed the organzers recognized


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The Impact of Polcy on

Cultural Hertage Protecton

Lyndel V Prott

dministrators in charge of cultural heritage are oen

faced with a dicult proem The oects and sites

under their care can e damaged sometimes

severelyy decisions in which they took no part o

icy decisions made in other areas may have impications

for cultural heritage that are overlooked in the decision

making process Having a carelly thoughtout cul

tural policy and a ministry or unit to administer it is

not sucient if its est eorts can e frustrated y pol

icies adopted esewhere This paper will try to indicate

some of the many cases where this can happen and

then look at what can e done to prevent it

Types of Theat

Many of the threats to the cutural heritage come from

other agencies of government These hazards take many

forms as descried eow

AM ONSTRUTION

During the 1960s it seemed that some of the famous

monuments of Nuiasuch as the temples of uimel the temple comple of hilae and other maor

tempes dating ack to the fteenth century . . as

wel as other important remains were doomed to disap

pear forever eneath the waters to e dammed y the

new swan High Dam in Egypt The decision to ood

the Valey of the Kings had earlier een reected y rit

ish engineers who uilt a ower dam in order to avoid

endangering these heritage sites of outstanding univer-

sal value. When it was later decided to ood the valley

on the grounds of economic development no provision

was made to save the monuments. Over a period of

twenty years a wordwide campaign orchestrated y

resulted in the moving and reconstruction of

these monuments in appropriately similar locales using

the very est availale epertise The case is hardly an

ideal one to cite as preservation in i must e the aim

of those who act as trustees for ture generations of the

cultural heritage ut it coud hardly have een a more

dramatic eample of how maor decisions of govern-

ment in areas that initially have litte to do with the cul

tural heritage can in fact e crucial to its survival

The case of the Nuian monuments spurred the

adoption of the 197 Convention Concerningthe rotection of the World Cultural and Natural Heri

tage according to which a World Heritage List of sites

of outstanding universa value was estalished A of

eptemer 1991 there were 337 sites on this list and

over the nineteen years of its administration many poi-

cies have emerged that have affected or have had the

potential to aect the preservation of heritage sites of

world signicance.

relatively recent instance lso involved dam con

struction The Monastery of tudenica in Yugoslavia wasplaced on the World Heritage ist in 1986 In 1988 infor

mation was sent to y concerned persons in

Yugosavia that there were plans to uild a dam within

of the monastery reservationists feared that the consequent rise in humidity would damage the fragie site

epert mission was sent y the World Heritage Com-

mittee to eamine the prolem The Yugoslavian govern-

ment decided to uild the dam elsewherea decision it

should e noted that entailed some other disadvantages

since the water at the site originaly proposed was appar

enty less polluted ( 988


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OAD ONSRU ION

Economic deveopmen oen prompts pans for road

construcion t a recent session the ureau of the

Word Heritage Committee considered reports on two

such proecs One of them concerned a proposal to

uid a road through he National Park of NiokooKoo in enegal eper study concuded hat

although the proposed road would risk some damage to

he integrity of the park the suggested aernative roue

around the park would cause even more damage y

ringing more trac near the park pecial measures o

minimize the damage are to e adopted. dierent con

clusion was reached concerning road plans at Kahuzi

iezi National Park in Zaire where an alternative to the

originally planned routewhich would have passed

through the parkwas devised (NSCO 99a).

IROR ONSRUION

The construction of an airport during World War at

nglesey in the nited Kingdom provided minima

time to rescue some treasures of Celtic art a what is

considered an important sacricial sie. Whatever could

not e rescued in he rief period alowed is now uried

under many tons of concrete (Ross and Roins

989:2-23) When Fiumicino irpor was constructedon the coas of Itay several historic shipwrecks and

wharf areas were discovered from the old Roman port

of Ostia Once again insucien time was availale for

complete archaeological eamination

INNG

The risk of mining o cutura heritage sites has een

serious in a numer of cases. t Kakadu Nationa Park

in ustralia for eample a site important for its natural

values as wel as its rock art plans to mine have een

the suect of pulic conroversy for many years. The

park has een nominaed for inclusion on the Word

Heritage List in three separate stages the rst two in

98 and 987. na decision of the ustralian federa

cainet to prevent mining in he third area and o nom

inate it to the World Heritage ist was made only in

uly 99 (NSCO 99b) Mining here as at Moun

Nima in uinea not ony hreatens the surface

appearance u ecause of the large scae of modernmining operations entais the uiding of owns for the

miners and their families with the necessary infrastruc

2

ture of roads sanitaion water electricity and oher

serviceschanges that will have a maor impac on the

environment and whose possile effects on the cutura

and natural heritage need to e carefuly studied efore

a na decision is made. lans at Mount Nima are

eing folowed with concern y the Word HeritageCommitee and negotiaions with he odies con

cerned including he World ank which is nancing

the proect are under way

NDU SRAL EVELOMEN

The arge industril proects reuired y oday's echni

cally advanced economies oen pollute air and water and

desroy scenic views. though they may e seen as essen

tia on economic grounds heir placemen is oen

decided without consutation wih cultural administra

ors who are then le with the task of trying to mitigae

their adverse impac on sensitive cutural sites World

Heritage sites in severa areas have suered in his way

The city of Krakw in oland is contending with the po

uting eects of heay industry in is environsa neary

ironworks was recenty shut down. tmospheric polu

tion from a neighoring industril comple is a proem

for Venice too There the developmen of a port and the

dredging of deep navigaion channes it reuired hascontriuted to proems of susidence Marle disease

from polluion has pagued oth the cropolis of thens

and the Ta Mhl in India The World Heritage Com

mitee is concerned aout a planned hydropower plan

and an asphal plant already under construction near

Durmitor National ark in Yugoslavia

DROLOGIA ORK AND

AND ELAMAION

Flood mitigation measures the clearance o f marshes

and other hydroogical work may cause changes in the

waer tale causing unintended side effects for cultura

sites One of the most potent eamples is he case of

Venice. very large indusrial and petrochemica com

ple at Marghera across the agoon from Venice

needed great uantities of water o service its indusrial

processes The water was pumped from groundwater

y means of artesian wells The unfortunate result was

the gradua sinking of the city a World Heriage sitea susidence that has made this artistic reasure suect

to increasingly severe periodic ooding. n interna

Ptt


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tional campaign to save Venice is repairing the damage

and ensuring restoration and the artesian wells have

een closed. Water is now rought to the industrial

complex y an aueduct to avoid further damage

Another example is Mont t. Michel in France where

land reclamation and ood mitigation measures over along stretch of time have contriuted to the gradual

siting of the ay.

RAN ZATI ON AN OWN ANNN G

ran development can e a severe threat to heritage

sites. A wellknown example was the encroachment of

suuran Tunis on the Word Heritage site of Carthage.

Most of the archaeoogical zone is now under special

protection that forids new uilding. The encroach-

ment of haitations from a neighoring vilage is also of

concern near the pyramids of Egypt and an interna

tional committee of experts has recommended the

preparation of a master plan to control development

there. Tipasa a oman site in Algeria was placed on

the World Heritage ist in 982 and ecame the chief

town of its district in 984 which has created a demand

for the construction of new services and faciities A

U expert nanced y the World Heritage Fund

visited the site and developed an uran pan that wouldtake into account of the need to preserve the heritage

values in any new development

rolems such as these are particularly acute

when the site is a living town as wel as a historic

ensemle The need to provide modern services to the

populationfor exampe the installation of sewerage

and drainage in coled streets without appropriate

resurfacing or the intrusion of telephone and electric-

ity caes in ancient districtsunless carefuly han

ded can damage street surfaces and views. The

intrusion of new uildings unsympathetic in style

scale materials or workmanship may well destroy the

traditional amience of a site. rolems such as these

are eing resolved in towns such as anaa in Yemen

where a complete proect has een devised to take

account of al these factors whie preserving the tradi

tional streetscape. The International Counci on

Monuments and ites oMo) has produced a Man

agement uidecurrently eing revisedfor thosewho are responsie for sites of these kinds. (Copies

are availale y contacting M erge Viau Word

h Impact of Policy

Heritage Towns Collouium rue des Jardins Ville

de Queec Queec Canada.

Another prolem is caused y the unexpected dis

covery of archaeological remains in the midst of a con-

struction proect Many exampes can e given Two

recent ones are the discovery of hakespeares "osetheater in London during excavation for a uilding and

the unearthing of Viking settlement remains in Dulin

during site cearance for new municipal chamers. The

discovery of important traces of Viking settlement in

York is another wellknown instance. olutions to this

prolem include rescue archaeology the zoning of

archaeologically sensitive areas to which special condi

tions are applied special reuirements for surveying in

historic areas and the provision of contingency funds

in construction contracts Wide powers are oen given

to authorities providing services such as water and tele

communications to cities Trenching and tunneling can

proceed at great speed with modern machines and

unless provision is made for adeuate consultation with

cutura authorities considerale damageoften

irreparalecan e done to cultural resources.

ran development also rings increased trafc

including heay trucks and other vehicles illsuited to

the narrow streets of older areas Modern trac maydamage the faric of old uildings ecause of inade-

uate clearance. They also create virations that can

damage old structures Efforts to ease vehicular access

y street widening may worsen the prolem for heritage

sites. The solution in many cities has een to create

pedestrian or lighttrac zones in sensitive areas. To do

this reuires input from the cultural administrators at

the earliest stages of trafc planning.

UM LEARANE AN

ODERN ZATO N ROGRAMS

A housing stock ages municipalities are tempted to

clear entire areas so that redeveopment in modern style

can take pace on a tbu Many older areas suered

this fate in the 950 uch drastic clearances appear to

have ecome less popular now that the leakness of

some of these new districts and the socia dislocation

caused y them has ecome evident. More important

programs that have preseved at least some existing features of a neighorhood and used them in an attractive

way have proved the value of integrated planning


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AND SE

Changes in land use can also cause serious deeriora-

ion n Kakadu Naional Park a World Heriage sie in

Ausralia he inroducion of he Asian waer buffalo

led o damage o he rock ar he bualo would use

he rock o scrach heir hides hus wearing away hepainings ores clearance ofen alers he delicae eco-

logical balance beween naural and culural facors

and sawmills for eample may also be signican pol-

luers These problems are being closely moniored in

he World Heriage sie of Wood Buffalo Naional Park

in Canada epors of plans o se up a pigfarming

comple near on S ichel were menioned a he

las meeing of he Bureau of he World Heriage Com-

miee; he French delegaion assured he Bureau ha

permission for he proec would be denied

REEDOM O RADE

he desire o increase rade has ofen led o he

reducion of border conrols and an increase in iner-

naional rafc This may well make i more difcul

o preven hef and illegal epor of culural obecs

no only from museums and privae collecions bu

also from sies in which poenially movable heriage

obecs such as sculpures frescoes and mosaics arean inegral par of he comple Sies such as Sukohai

in hailand and Angkor in Cambodia have suffered

seriously from he rapaciy of dealers and collecors in

wealhy counries as have many Hindu emples in

ndia he European Common arke is currenly

debaing wha o do when inernal border conrols

among is member saes are dissolved The counries

of Easern and Cenral Europe which previously had

sric border conrols are now facing serious prob-

lems o f hef of culural obecs as maerial previously

inaccessible and difcul o smuggle ou can be

moved much more easily nowadays When decisions

are made on rading policies ha have poenially

imporan deleerious effecs on he culural heriage

considerable aenion should be paid o he quesion

of how o ensure conrol by oher means when hose

hisorically relied on are no longer available

A recen eample of how decisions on rade may

unwiingly affec culural heriage proecion can beseen in Ausralia n planning he federal Proecion of

ovable Culural Heriage Ac 198 (designed o

4

implemen he 970 NESO Convenion on he

eans of Prohibiing and Prevening he llici

mpor Epor and Transfer of Ownership of Cul

ural Propery) i was found ha he eising legisla-

ion on secondhand dealers in he various Ausralian

saes wih signican markes in aniques sufcienlycomplied wih he obligaions in Aricle (a) of he

convenion which requires he regisraion of dealers

and heir ransacions The legislaion was drafed and

enaced on ha basis Jus before he nsrumen of

Accepance was lodged a noice appeared in some

newspapers adverising he work of a new ask force in

Vicoria se up o ry o simpli rading regulaions

The ask force was proposing o recommend he

repeal of he dealers' legislaion i had been given no

informaion by he sae governmen abou he

Convenion A shor while laer i was ascer

ained ha he sae of Souh Ausralia had se up a

similar body and was considering he same sep

aher han delay accepance of he Convenion Aus-

ralia enered a reservaion unil his problem had

been sored ou his example shows how easily bod

ies se up by governmens wih compleely differen

funcions produce resuls a crosspurposes o hose of

oher governmenal eniies owing largely o failuresof communicaion

UMAN GS EGISLAION

hough human righs legislaion may seem o have no

bearing on he proecion of he culura heriage poli

cies aimed o improve he lo of disadvanaged groups

may have unforeseen implicaions for heriage proec

ion On he one hand for eample laws in he Unied

Saes requiring ha public buildings be made accessible

o physically disabled people (eg by wheelchair ramps

or elevaors hardly ook ino accoun he number of is-

oric buildings ha could no be adaped in his way

wihou severely compromising heir aesheic and his

orical inegriy On he oher hand policies requiring

he reurn of culural maerial o indigenous groups in

Canada and he Unied Saes were oen formulaed by

culural epers and inense discussion has ensued in

many places on how o bes handle such reurns so a o

be rue o he culura radiions of he relevan groupwhile a he same ime ensuring he opimum achievable

proecion of he obecs concerned

Prot


23/140

ANGES IN DMI NS TRATIVE TATU S

Change in the way ite are adinitered ay not be

devied priarily with cutural ite in ind. For exa

ple tranfer of large area uch a park that alo hap

pen to include iportant cultural ite fro local to

central authoritie or fro private hand to trut or to

authoritie who adiniter national park hould not

take place without carel conideration of the priary

tak of the adinitering authoriy hat i if it pri

ary function i to enure the ue of an area for pur

poe of recreation and leiure porting activitie ay

be encouaged in ite that are culturally enitive

unle careful thought i rt given to thi apect Such

a policy of the United State Foret Service of increaing

acce for leiure to an area in New Mexico that

included Blue ake acred to the ao ndian created

a policy conict of thi kind (Wilon and Zing 1974

AXATION A ND IS AL OI

Deciion taken in departent of nance can have a

draatic ipact on the preervation of the cultural her

itage. A claic exape wa the Setted and Act of

188 in the United Kngdo. Paed at a tie of agri

cutural depreion a a ean of freeing up tranac-

tion and invetent in land it alo affected ovabecultural obect that would otherwie be inherited with

the land. t ha been argued that thi led to the elling

o of the content of iportant country houe in the

United Kngdo where the tting and ovable

deigned for the houe or repreenting the collecting

tate of it owner over generation provided uch of\

the ite cultural value and eaning n 1915 it wa eti

ated that ore than half of the aor ite o od

had already been exported; in recent year the gure

ut be well over 90. he proce ha been acceler-

ated by other apect of the tax law (obinon 1979. A

capitalgain tx that applie to iovable but not to

ovable will alo encourage the ale of cultural obect

out of hitoric houe

Fical policy can be ued to revere thee eect for

exape by providing that the tate will accept dona

tion of iportant cultural obect (which ay in fact

be le in itu in ieu of death dutie or by granting tax

conceion for donation to public collection. Anexeption fro iport dutie on cultura aterial a

draatic change in poicy in the United State in the

h Impact of Poiy

early year of thi century led to a great inux of collec

tor ite (Prott and OKeefe 1989. n oe countrie

where there i trict exchange control it ha been ug-

geted that thi lead to increaed export of cultural

obect ince cah i converted into ovabe cultural

obect which can then be taken out of the country.

Subidie for the repair of old building for the

intallation of olar hot water yte and for provid

ing acce for the diabled ay all have deleteriou

effect on the iovable cultural heritage une they

are carefully linked with appropriate control by cul

tural expert to enure that the change do not detroy

cutura value

Change to tx law that forerly gave advantage

to the holder of cultural propery likewie ay have

unintended ill eect. For exaple the exeption of

publicly owned propery fro ocal taxe ay enable the

authoritie to retain oe old buiding in their exiting

for rather than ell the to deveoper or try to ake

the coercially viable. f deand to ake uch

propertie ubect to the ae rating yte a other

propertie are uccel however evere preure againt

their retention in their exiting for wil undoubtedly

reut. he uriva of paciou lowtoried colonial

building in the heart of odern overpopulated citiewould likely be eopardized under uch circutance

DUATION

ducationa policie ay in the long ter have a pro

found ipact on the preeration of cultural propery

Ephaizing the iportance of econoic deveopent

whie neglecting to ipart the ignicance of cultural

value ean that ture deciionaker are not alert to

the need of heritage panning Curricuu change that

lead to le ephai on hitory epecially that pertaining

to cultural developent ay have a iilar eect he

deire to enhance the teaching of cience and technical

ubect though oen preached a iportant by eco-

noic planner in developing econoie ay have uch

reult a thee a an unintended ide eect hi can be

countered by enuring that chidren are expoed to the

cutura value in uetion. n the United Kingdo for

exape chool group participate in archaeological

inidig; in France there are archaeologyoriented progra in which tudent take part; and U i alo

organizing progra for youth.


24/140

Many of the ore general ideas aoat in the co

unity have unwitting conseuences for the preserva

tion of cultura property. For exaple an ephasis on

private property without discussion of the iportance

of the public adinistration of goods of counity

wide iportancesuch as useu collections or historic buildingsor on the iportant vaues behind

policies of access and preservation ay breed insensitiv

ity to the concept of trusteeship for future generations a

concept vital for the ture of the cultural heritage. Ideas

valorizing "collecting without soe inforation about

its socia context and eects can be eually har.

Finay a strong bias toward giving greatest weight to

econoic factors in policyaking ay eually skew the

decisions of future poicyakers if there is no counter

balancing discussion of cultura values.

NOURAGEMENT OF OURIS M

he iportance oftouris as a oneyearner i s now so

patently evident that econoic panners ay ake

any decisions encouraging its expansion without ful

appreciation of what this ay ean for the continued

preservation of the cultural heritage.

First there are the probes of direct ipact ow

any visitors can a site absorb without degradingDeterioration ay occur as a result of the huidity cre

ated by huan breathing in conned areas Daage of

this kind has been detected at the ypogeu in Malta

the Lascaux caves in France and the interior of the pyr

aids (al World eritage sites. In the last two cases

copies of paintings are being ade accessible to visitors

nearby to avoid oss of the originals which wil be

accessibe ony to scholars. he siple repeated trap

ing of feet ay wear away oorings and paths not

designed for such heavy trafc. he congregation of

cars and buses close to sites increases atospheric pol

ution a probe that has been seen at several World

eritage sites and adacent parking lots often create

visual pollution

hen there are probles caused by the need to

provide specia faciities to accoodate tourists

hese incude toiets food and drink close to the site

parking lots souvenir stalls and visitor centers or site

useus hese can encuber the site and especialywhen not propery panned can destroy views ato

sphere and authenticity ntrepreneurs have planned

thee parks close to World eritage sitesat Ave

bury Manor (close to the Stonehenge coplex and

near the Chateau of Chabord and Mont St. Miche

in France Fortunately none of these has been

approved by the nationa authorities although one

reains under consideration he World eritageCoittee has had before it copaints of the noise

created by heicopters over the Iguazu Falls (in Argen

tina and Brazil and a press report of a near crash of a

helicopter over a fragile church in oania has also

caused concern. In the late nineteenth century a desire

to ease access to Mont St. Michel ed to the building

of a causeway to the island which has contributed to

the siting up of the bay changing the ecoogy of the

area and over a century gradually detracting fro its

island appearance.

A series of sal decisions over any years ay

lead to the progressive deterioration of a site. An

international coittee set up to advise the Egyp

tian governent on the anageent of the pyraids

area included in its report recoendations to

reove al odern buildings platfors walls fences

and acada roads (to be repaced by stabilized

sand. It also called for the developent of a anage

ent plan that would include a light reversible structure to perit the controlling of access to the site

prohibit otorized vehicles create a xed route for

caels and horses and excude all other anias.

Funds are availabe fro the World eritage Fund for

the preparation of an appropriate anageent pan

for any site on the World eritage ist

he desire to please tourists has occasionally ed to

soe decisions directly antithetical to the interests of

preserving the cultural heritage. For exaple the tour

ist authority of one country was advertising undersea

"wreck hunting as one of that country's attractions

whie the need to preserve the underwater cutura heri

tage was apparently ignored. An even ore insidious

danger is the desire to overrestore ruins and historic

buildings to provide the tourist with an experience of

what the restorer considers the building ust have

looked ikeeven where r historica evidence is

lackingthereby destroying the authenticity of the site

and falsiing the record for ater researchersFor issues of this kind the guide is the Venice

Charter COMOS 9) which fors the basis of the

Ptt


25/140

citeia of authenticity ued by he Wold eitage

Coittee A ite wil not be placed on the Wold

Heitage Lit unle it eet the et of authenticity in

deign ateial woanhip o etting. econtuc

tion i accepable only if it i caied out on the bai of

coplete and detailed docuentation of the oiginaland baed to no exten on conectue Deciion o

"etoe ae oetie taen by local authoitie uch

a elected town counci without pope input foculua expe

Finaly the deie to attact toui ay eult in

indiect and unfoeeen coneuence he pyaid of

gypt fo iza to Dahhu wee placed on the

Wod eitage it in 979 he unplanned develop

ent entioned above occued ae the colape of an

abitiou chee o deveop toui faciiie by the

gyptian govenent even ae a conac fo the

deign and contucion of a ouit copex wa

igned. he pan ceated enoou contovey on the

bai that he inux of uch cowd and the deign of

hotel and eceation facilitie fo the woud change

the ecology of the egion in paticula aiing the

huidity to an unacceptabe leve fo tuctue that

had uvived ony by vitue of centuie of aidity he

gyptian govenent canceled the contac

Decisions and Legislative ontrols

he authoitie eponibe fo he poicie that affec

the cutua heiage o pofoundly ae any. Soe

tie they ae eiindependent tatutoy bodie

thoe that anage evice uch a wate eecticity

telephone and eecounication and po facii

tie fo exape hey ay be pecial aea authoitie

uch a pot authoitie o govenent depatent

uch a depaen of nance o tade Soetie

they ae ad hoc bodie et up fo a pecic pupoe

uch a he all goup etablihed o ipli tad-

ing egulation in he Autalian tate. Soetie

they ae bodie caying ou pecia function uch a

thoe etablihed fo econoic panning o deveop

en incuding thoe pecicay eaed to toui

hey ay be oca (unicipal govening authoitie

uch a ciy counci panning new headuate o

etabihing land ue zone Soetie the deciion

ae i pivate induty which ay develop highly

h mpact o Pocy

ophiticated poect; n oe cae govenen

intevention (whethe oca o centa ay be liited

to the poce of ganting appoval

ENIQUES

What echniue hould be ued to enue ha theneed of the cultual heitage ae epeented he fo

lowing ae oe of the baic pincipe.

t i eentia to be inmed of an impending change

at the eaiet date. hi ean etablihing a cliate

wheein evey deciionae in govenent ee hei

tage potection a pat of hi o he function hi wil

euie change in geneal education and in the taining

of public evant Cultivating contac in othe ec

tion of govenen i epecially ipotan; it i poba

bly of oe ue o have an alet individual in each

eevant ection than to build a tong conevaion

uni that will have ony one voice in conevation agu

ent he developent of ad hoc govenenta unit

hould alo be onitoed howeve uniely it ay

ee ha thei acivitie will affect the heitage

Cutivate media and citizen heitage oup A

tong pubic conevation lobby tha i citical of poi

cie inen itive to the cutua heitage can be vey effec

ive Conevaion goup in Autalia aoued at theo of ipotant natual heitage caued by he build

ing of the Fanlin Da in aania wee the ao

facto in peventing futhe da building in aania

et up a ma tuctue wheeb a the govenment

bodie ike to be invoved in majo contuction wok

mut invove cutua authoitie in the pnning tage

he planning of ao wo uch a da pot ai

pot and ao highway netwo tae any yea.

When a geat deal of pofeional effot ha aleady

been expended in the planning of uch poec theauthoitie tend o be euctant to change thei plan

and to tat again Once contact have been enteed

ino legal obligation and nancial conideation

ae it even oe difcult t i theefoe eenial tha

cultual auhoitie be invoved at he oute when he

ocation of thee facilitie and thei connected infa

ucue (pipeline deep wate channe evice oad

etc ae t being conideed

euie that pivate oganization invoved in con

tuction invetigate the poibe impact ofthei poject

on the cutua heitage.

7


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EGISLATIVE ESONSES

here are pattern of egilation that have proved help-

ful in reinforcing oe of thee approache.

euie envionmentalimpact tatement he

1969 Nationa nvironental olicy Act of the United

State reuire all federal agencie to ae the ipact onthe environent (including cultural reource of

proect at the planning tage Siilar legiation binding

their agencie ha been paed by the variou tate and

any other uridiction have followed thi exaple

e cuual pope in govenment hand Since

uch potentially iportant cultural property i in gov

ernent hand (eg governent building which ay

include old paace and their content fort governor

reidence and the like legilation hould reuire their

aeent for cultural iportance An Autralian

report in 198 howed a particularly egregiou exaple

of a buiding of architectura iportance vandaized by

the addition of a totally inappropriate new facadein

thi unfortunate cae the ot Ofce wa the culprit

(Yencken 198. he ituation ha been iproved by the

etting up of the eritage Coiion which ha

etablihed a regiter of iportant building. hi ha

an educational ipact a wel a a practical one.

tablih achaeological enitive one Otheryte of law have etablihed archaeologically eni

tive zone or dened ite where contruction activity

i either forbidden or ubect to trict control. n

Denark the Conervation of Nature Act provide

that when nd are ade during a proect work i

upended until excavation i carried out by the

authoritie or the ite i acuired. very known ite i

entered on a ap and propective builder can ak

whether any known ite exit in the area for which a

proect i panned. In the cae of the laying of a gapipeline 2000 k long the entire route wa apped

at the planning tage and the line rerouted where nec

eary to avoid ignicant ite. he route wa then

urveyed for any indication of ettleent in a zone

30 wide and all preliinary invetigation were

carried out to deterine whether a ful invetigation

hould be undertaken. Full excavation were under

taken at wellpreerved ite. When the pipeline wa

put down the reova of topoil wa onitored by

an archaeologit to record if poible what wa lot

a a check on the reliability of the urvey and tet

8

excavation. he Danih approach i baed on pre

vention rather than confrontation and ha hown the

benet of "early warning yte.

Plan w to euie management pn and bu

one he World eritage Coittee ha in recent

year increaingly aked for the creation of a buffer zonearound ite before they are lited hee zone ay

theelve not incude anything of outtanding univer

al value but their redevelopent in an inappropriate

fahion (eg by outocale building or detruction of

view ay detroy oe of the value for which the ite

wa noinated to the Lit Increaed control over

buffer area ay therefore be one way to avoid confron

tation with planner and peculator. n France not

only heritage building can be caied (and thu al

retoration deoition and alteration controlled

but alo iovable neceary to reveal the better or

to rehabiitate the a well a any building within

view fro the claied building to a ditance of 500

and in exceptional cae even further [aw of 3

Deceber 1913 on itoric Monuent Art 2 and(3 J Any change in thee area ut have the approvalof the cultural authoritie. he Operating uideline

devied by the World eritage Coittee for the

ipleentation of the Convention alo reuire bothfull legiative protection and a anageent plan

that i a decription of the adinitrative tructure

enuring the longter control of the ite Fund are

available fro the World eritage Fund for technical

aitance eergency aitance and training in rela

tion to ite on the World eritage Lit.

dopt inteational tan culal heitage

peevaion ule appropriate for the protection of the

heritage have been et out in a nuber of NESCO rec

oendation hee are lited in Appendix A and rep-reent a conenu of expert opinion on the iue

addreed. he three NESCO convention on heritage

protection are alo vey ue a tandard etter even

for tate that are not party to the For exape the

1970 NESCO Convention on the Mean of rohibiting

and reventing the licit port xport and ranfer of

Ownerhip of Cutura roperty ha been the inpiration

for any ethicaacuiition policie for ueu al

over the world including thoe in countrie whoe gov

ernent have not yet een t to accept the Convention

Adeuate protective legilation together with a anage

Prtt


27/140


28/140

ROTET NG TE NDE RWATER

ULTURAL ERTAGE

urgent need in thi part of the world i for the protec

tion both adinitrative and legilative of the underwa

ter cutural heritage. Iportant nd are being ade

and there i cant legilation pecically deigned to deawith the pecial nature of thi heritage. eanwhile any

individual and group are approaching governent

with propoal for "exporation which are really little

ore tan cavenging expeditionand for the dipoal

of "nd in way that violate the tandard provided by

the 956 ecoendation on nternational Principle

Appicable to Archaeologica Excavation Soe proer a

for of contract that would give the "excavator exclu

ive right over a wide area for a ter of year whie pro-

viding no guarantee of adherence to excavation ethod

approved by archaeological expertie or that ualied

choar wil perfor the tak or that proper conerva

tion of nd will be carried out or that reult will be

publihedall eaure reuired by the 1956 eco

endation. A NESCO regional einar on the protec

tion of the ovable cultural heritage for the Aian and

Pacic region held in Bribane in 1986 adopted a State

ent of Principle Concerning the Undeater Cultural

eritage (ee Appendix B and recoended the deveopent of regional training chee Prott and Specht

(1989 include a report of the dicuion and the text of

the reolution Another regional einar thi tie

directed to illega trac i currently being organized by

the NESCO egional Oce in Bangkok.

OUM ENTING TE ULTURA ERITAGE

he tiely docuentation of the cultural heritage eential; it i too late when a ite i already under threat

or an obect ha diappeared Docuenting an obect

alow iediate traniion of data to cooperating

bodie when oething i iing and thi greatly

iprove the chance of it recover Docuenting the

cultural vaue of a ite allow an iediate reaonable

and rationally argued repone when any policy i

fored that ay endanger it he World eritage Co

ittee through the NESCO Secretariat i currenty

organizing a global tudy of potential World eritage

ite hi i being etablihed on the bai of geoculturalarea and it would be ot encouraging to have the

input of governent and expert of the region on the

0

relative iportance of cutural vetige of civilization

that are pread over everl odern tae For exape

vetige of indu civilization are found not only in ndia

and Nepl he World eritage Coittee i conider

ing Prabanan a indu ite in ndoneia. hree Bud

dhit ite one in Indoneia one in Sri k andanother in hailand are alo being conidered whie ev

eral other Buddhit ite in Bangladeh (Parharpur

Vihara China (ogao Cave and Sri Lanka (the Cul

tural riangle are already incribed. he gobal tudy

hould reveal other outtanding ite of thee great reli

giou cultural and architectural oveent of out

tanding univeral value that belong on the Lit. he

World eritage Coittee ak for a coparative evau

ation of a ite being noinated in relation to other prop-

ertie of a iiar type (NESCO 1991b paragraph 13

and regional cooperation could be very hepl in co

piling thi knd of inforation

NANED EGIONA OOERATON

uch ore could be done by way of regional coopera

tion For exaple alayia Singapore Autralia and

Papua New uinea have been abe to prevent a certain

aount of illicit trac by direct cooperation beween

ueu and cuto authoritie. In 1980 a einar waheld in ahiti on way and ean of afeguarding the cul

tural heritage of the Pacic region. It wa pointed out at

that eeting that ot tate in the area had little infor

ation about the egiation in eect in other tate in the

areathu i an obect wa preented a ueu inone of thee tate ueu peronnel ight not even

know if the obect w protected by the legilation of it

country of origin NESCO accordingly coiioned a

tudy on the ubect in 1982 (OKeefe and Prott 198

which ay be outdated in oe cae but nonethele

provide a uel point of reference xtract of egiation

pertaining to the control of oveent in ore than 150

nation have alo been publihed and thi will ake avail

able oe inforation on other legilation in the South

Aian and Pacic region. Extract fro the legilative text

on ovabe cutural property of the People' epublic of

China India ndoneia apan New Zealand Pakitan

the Philippine and Sri k lled wo voue pub

lihed by NESCO in 1984oe of thee now needupdating hee wo volue alo include extract fro

the egilation of thirtyeven other countrie he fl

Pt


29/140

txts f th lgislatin f thiyn th cuntis hav

bn publishd in a spaat sis (s Appndx C

nftunatly lack f sucs has hatdtpaily

it is hpdth publicatin f this sis.

h Bisban sina als ppsd th adptin

f a ginal sna f th ptctin f th cutualhtag f th gin and th cnducting f ginal

wkshps n paticula issus aisd n th sna.

onclsion

h tangbl cultual hitag f th cunts p

sntd at this sypsiu cvs an nus ang f

bcts and sits f signicanc An iptant task v

th nxt fw yas will b axiiz th ptctin.

Making su that thi spcial uints a takn

int accunt in vy gvnnt dcisin wll ui

had wk Evn thn it will nt b pssibl t pvnt

vy hazad t thi dal cnsvatin. t shud hw

v b pssibl t pvnt unwitting and unncssay

daag; t tigat th wst cts f dcisins f

th gans f gvnnt; and ftn t pvid

uch btt atnativs

Biography

yndl V Ptt is Chf f th ntnatinal Standads

Sctin Dvisin f Physical itag NESCO Sh s

a widly publishd auth spcializing n th ptctin

f vabl cultual ppty and hlds th B.A. and

L B f th nivsiy f Sydny th Lic. Spc n

D. Int f th nivsty f Bussls and th D.

uis f th nivsity f bign Sh was pvi

usly plyd in th lgal sctin f th Austalian

Dpatnt f Fign Affais and xtnal itis.

References

1COMOS

166 Intnatnal hat f th nsvatn andstatn f Mnunts and ts (Vnchat.

Kf P and L. V tt

2 stng gslatv tctn f th ultual andNatual itag f th acc gn. NESCOc. CLT2WS

tt . V and ]. Kf

Law and the Cultural Heritage. Vl. 3 Movementp ndn Buttrwths

tt L. V and ]. pcht

Protection or Plunder: Saguarding the Future of

Our Cultul Heritage. anba Austalan vnnt ublshng rc.

bnsn ]. .

Th un f stc nglsh llctns Connoisseur62 (ach Ths pnt was aladvdnt t a gvnnt ctt n un (al f Kddlstn pt f th tt f usts f th Natnal ally Appntdby th usts t nu nt th tntn fptant ctus n ths unt and thMatts nnctd wth th Natina At llc

tns (d p ndn is ass Statnr fc ]

ss A. and bins

The L and Death of a Druid Prince. ndnd

NESCO

pt f th th sssn f th Wld tagtt NESCO c scONFOor

a pt f th 5th ssn f th Wd tagBuau NESCO c SCCON0022

patnal udns f th Ipntatn fth Wld tag nvntn NESCO cHB2 vsd ach paa. 4 (b(

Wlsn P and A ng

What s Acas itag stc satinand Acan Indan ultu. Universi o KansasLaw Review 6

Ynckn . .

Australia National Estate The Role of the Commonwealth p 40. anba Austalan vnnt ublishing vc

Th e Impc o Pocy


30/140

Appendix A

onventions and Recommendations of UESConcerning the Protection of the ultural Heritage

ONVENTONS

Convenion for the Protection of Cultural Propery in

the vent of Ared Conic (the ague Conven

tion with egulation for the xecuion of the

Convention a wel a he Protocol o the Conven

tion and the Conference eolution 14 May 1954

Convention on the Mean of Prohibiting and Prevent

ing he Illicit Iport xport and ranfer of

Ownerhip of Culura Propery 4 Noveber970

Convention Concerning the Proecion of the World

Cultura and Natura eritage 6 Noveber 197

EOMMENDATONS

ecoendation o n nternational Principle Appica-

ble to Archaeological xcavation 5 Deceber

1956

ecoendation Concerning the Mot ffecive

Mean of endering Mueu Acceible to very

one 14 Deceber 1960

ecoendation Concerning the Safeguarding of he

Beauy and Character of andcape and Site II

Deceber 96

ecoendation on the Mean of Prohibiing and Pre

venting the llici xport Iport and ranfer of

Ownerhip of Cultural Propery 9 Noveber 964

ecoendation Concerning he Preervation of Cul

tural Property ndangered by Pubic or Private

Work 19 Noveber 968ecoendation Concerning the Protection and

Naional Level of the Cultural and Natural eri-

tage 6 Noveber 197

ecoendation Concerning the nternaiona

xchange of Culua Property 6 Noveber 1976

ecoendation Concerning the Safeguarding and

Coneporary ole of itoric Area 6 Nove-

ber 1976

ecoendation for the Protection of Movable Cu

tural Property 8 Noveber 978

ecoendaion for the Safeguarding and Preerva

tion of Moving Iage 7 October 980

Appendix B

tatement of Principle oncerning the Underwater utural Heritage

Underwater treaure hunter preen a eriou threat to

the culural heritage. Becaue of he co and coplexity

of diving euipent treaure hunting i uually carried

out by Wetern lvor or avage copanie. reaure

hunting ha unil recently invoved the reearch for uro

pean hip at the period of coonil expanion he vlu

able earched for have been uually gold and ilver

bullion and pecie Such ite when old at auction pay

for the cot of alvage and enable the treaure huner torenance earche for new ite he bullion in vat

uanitie eldo realize value grealy in exce of the

etl vlue except where rare exaple are found.

he recent dicovery of a large conignent of

eighteenthcenury Chinee porceain realized $7 i

ion at aucion hi ale ha identied a new area for

he treaure hunter.

o del with hi threat it i eenti that a denition

be ade of what the cultural heritage of a country i and

to then enact legilaion to protect thi heritage. In anycae underwater archaeoogical ite are inadeuately

rot


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protected by legiation. Additionaly many countrie are

not concerned with underwater ite that belong to other

cuture A a reult treaure hunter and looter are oen

granted permiion to operate on uch ite with a ube

uent diviion of the recovered material between the

country and the alvor Such agreement hould be di

couraged Unle countrie develop their own archaeolog

ical epertie and control their total undewater heritage

there will be an inevitabe eroion of the heritage.

Al work on ite of archaeoogical ignicance

hould be carefully controled. Material from uch ite

hould be kept together a a tota collection and under

no circumtance hould be old. roper attention

hould be given to conervation and archaeologica

tandard of ecavation hould be maintained

International cooperation i a poibe line of up

port for developing and developed countrie he Ao

ciation of Southeat Aian Nation (SE and PF

training program are eample of uch program. The

obective are twofold. Firt by gathering together a

large group of maritime archaeoogit from a number

of countrie it i poible to carry out maor proect

imply becaue of the concentration of epertie

Second uch operation preent an opportunity foreld training UESCO woud eem to be an idea organi

zation to ponor a erie of uch proect in the region

If poitive tep are not taken immediately it i

anticipated that the recent advance that have been

made by treaure hunter internationaly but particu

lary in Southeat Aia will reult in a tragic lo of

eentia and important cultural heritage

U ES CO EGOL SEMR O HE

ROECO O MOVBLE CR ROPERY,

B RS B E DE C E M B E R 986

Appenx

atonal Laws an Reguatons Govenng thePotecton of Movable ultual Popety

Since it foundation UESCO ha been contantly

engaged in an eort to protect cultural property againt

the danger of damage and detruction by which it i

threatened and in particular againt thoe reulting

from the clandetine ecavation and illicit trafc

The work carried out in thi eld ha hown that

nationa law and regulation governing the protection

of movable cutural property are little known abroad

hi ha prompted UESCO to embark upon the pubi

cation of legilation in force in Member State.

wo voume of a compendium containing

etract from the legilation governing the protection of

movable property in force in 4 Member State have

already been publihed by UESCO under the ngih

tite "he rotection of Movabe Cultura roperty

Compendium of egilative et and under the

French title "a protection du patrimoine cuturel

mobilierecueil de tete lgiatifhe pubication of national law and regulation in

thi ed i being purued in the form of a erie of

The p Pi y

booklet. ach booklet will a far a poible preent

the ll tet( of the egilation in force in one Member

State which pecically concern the protection of mov-

abe cutura property. Since 98 6 booklet have

been pubihed in nglih and 2 in French Five new

booklet have been pubihed in Spanih on the legila

tion in force in the following countrie cuador on

dura Meico Nicaragua Spain. Copie may be

obtained free of charge from Diviion of Cultural er

itage UESCO I, rue Mioli ari France

99 hese wee: Algeia Ausia Bahai BelgiumBolivia Bulgaia Byeloussia Sovie Socialis Republic Ca-

ada Chile Chia eople's Republic of) Czechoslovakia

Fedeal Republic of Gemay ace Gema emocaic

Republic Ghaa Idia Idoesia Iaq Japa oda

Kuwai Lebao Libya Aab amahiiya adagasca

alawi auiaia ogolia Nepal New Zealad Nige-

ia akisa hilippies olad Saudi Aabia Seegal

Siea Leo Si Laka Suda Syia Aab Republic gadaio of Sovie Socialis Republics ied Aab Emiaes

Veezuela Yugoslavia ad Zaie.

3


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Appendi D

umma of Published Booklets

OOKETS N REN

z LTW

ny wsu

ws

h ws

kn wsr

wsr

mn ws

wsr

hy LTW

xq wsEy w

LTW

Eq wsr

nm wslr

En wsr

ws

ws

bq LTW

n wsr

nzn ( n LTWn wsr

h wsr

n ( mq ws

n ws

n wsr

OOKLETS IN NGLS

LTwsl

n LTws

LTW

ny ws

b LTws

h LTW

y LW

x W

mnn w

ws

E LT wsl

LTW

Ey LTws

y W

mb (h LTW LW

W

b LTW

ws

n LTws

n ws

nzn (n LTws

ny LTW

n wsl

In (Im wy ws

OOKLETS N ANS

E

x

E

n

Ex ny n nhEx ny n Enh

4 Ptt

w

w

ws

w

ws


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Conservation

Policy Delivery

Sharon Sullvan

Foundations,

Assumptions, and Implications

he bric ofeach ci town or cultural nd

cape create a document which i legible and

which decribe the economic and ocial hito

ofit people he uetion i thi we edit

the textaing, eing and rehaping our

built environmentwill we write in our own

dnamic dialect or in an illtudied univeral

language, an peranto of building? [hecontradiction i reolved b the moderniation of

tradition ite through a imultaneou proce of

rejection of the moribund . . and aimilation of

it live vital and relevant element he mode

doe not generate in a vacuum; it grow in the

womb oftradition t doe not repce it; it tran

rm it [a a new wave in the ocean oftime.

hi declaation fo ene ofPce 1990), edited

by oan and Serge Doice pea to u elouently of

oe of the key thee of thi ypoiu In one way

however we can ee iediately that it i a vey dierent

kind of tateent and on a very dierent levefo

that ade by Wetenoiginated conervation conven

tion uch a the Venice Charte and othe docuent of

COMOS (the Internationl Council on Monuent and

Site Such docuent have their origin in Euopean

culture and oe of the value they epoue are alien to

the cultue of any of the countrie that have igned onto the. More iportant however they do not in the

eve provide a ethodology fo achieving a new ture

for a nation or culture that arie authenticaly ou of it

pat. hi i becaue they ae aied at the proviion of

conevation tandard and aue cetain given on

which we can no longer necearily relyand in oe

cae never really could

In thi paper I wil eview the origin of our cur

rent ethodoogy; point to oe proble with it

underying odel and to oe of it ore univeral

and helpful feature; and ak you to conider thi ue

tion: hat policie and tandard hal we ue I then

popoe to review oe eleent of policy delivey in

the conervation eld

Legilation and adinitrative yte

Identication and docuentation

Conervation panning

hyical conervation option

In aking thi review I a vey conciou of the

expertie kill and diverity of experience of y audi

ence and reade: I do not uppoe that I wil ention

anything that ha not been conidered before by ot

of you. I do not have anweonly coent and

uetion which ay guide u in our deiberation on

thee atter. hee i no good eaon why Irather

any of a dozen othe participant in thi ypoiu

hould be preparing thi paper. I can ugget only one

reaon why y inight ight be of ue to you Autra

lia ha perforce needed to exaine a ot of the tradi

tional European wido on thi ubect in ight of it

own need and ha coe up with an adaptation that

varie in ignicant way fro the oigina yet til

retain a reationhip with it . We Autalian ay there

fore have oe ueful experience to pa on in thi area.


34/140

Cutural hertage conservaton as we know t an as

t appears n nternatonal conventons s a recentan

not a unverslea. ow t arse? enry Cleere

(8= traces the esre for the preseraton of cultural

relcs n urope to the nlghtenment whch e to an

apprecaton of the materl cuture of the past. Monu-ments temples bulngs castles streetscapes lan

scapes an the movable tems that relate to them are

now ste on uropean (an other hertage nventores

an museum cataogues (Byrne

In turn ths apprecaton for cultural hertage mate

rl turne nto a sense of fear at ts possble loss n the

face of the great upheavas of wentethcentury uro

pean hstory an the avancng te of the nustra an

postnustra revolutons t s fear of ther loss that

ncreases the vaue of thngs we have prevously taken for

grante. he spee an scae of soca an techncal

change n the wenteth century s unparallele n hs

to t s no accent that t has been n the wenteth

century that the Western worl's apprecaton of ts her

tage has evelope nto powerfu an wellsupporte

natonal an nternatonal conservaton conventons an

supportng amnstratve systems.

Such systems however show ther ancestry planly.

hey o not express a unversal vew of the value of thepast or ts management We can trace n many cultures

a respect for an a actve use of an conservaton o

the past over many centures (see for exampe "Lovng

the Ancent n Chna by Wang ungwu n McBrye

8 Such tratons vary greatly both n ther

approach an n ther phlosophcal orgns A Byrne

rhetorcally asks "f the hertage management we now

see n the West erve from an nghtenment sh n

Western thnkng then how can one account for the

presence of ths same hertage management of countres

of the nonWestern worl whch not experence the

nlghtenment? (Byrne .

o some extent as ayton (8 Byrne (1

an others pont out the current nternatonal hertage

conservaton conventons an to a arge egree ther

aaptaton to varous nonWestern countres s n tself

a postcolonal phenomenon or at east a relc of West

ern nuence. hs prevalng concepton of hertage s

also on the evence a very powerful an attractveea. It s seen as goo ctzenshp n the nternatona

communty an as a potentally powerfu too for new

1

natons seekng to bul a "moern socety an to fos

ter natonal entty an sefesteem n ther ctzens

ence most nonWestern countres have aapte some

form of these conventons or at least acknowlege

ther worthness an many have hertage management

unts that mrror Western systems Byrne ponts outthat an examnaton of the papers on archaeologcal

management presente at the Southampton Worl Pre

hstory conference whch came from all over the worl

shows that they all ahere closey to essentaly

Westernbre conservaton methoology.

What then are some of the mplcatons of the

wesprea applcaton of ths Western moel on polcy

elvery n the Asan/Pacc regon?

Frst t s cear that the Western moel as wel as

Western ratonale an methoology can be an mpos-

ton on top of tratonal values an lfeways that ffer

from t an whch run "across the gran o quote

Byrne ( once agan

h pblm i lik b in h k

bwn h n appah hiag man

agmn and indignu ial ym and al-

u, a a wha h dlpmn xp all

"inapppia idl an Nnnuni d ha an appiain hi pa

bu h a nding i dul dlp app-

pia mhanim implmn i b a h

a by uid inin n h md

n partcuar many nonWestern cultures have a

sprtual rather than materal vew of what of ther past

s valuabe hey see nvual objects an places as

vehcles of great vaue for communcatng eeper spr

tual meanngs. he Western vew focuses much more

on the matera aspects of pace an "sees hertage as

euctve symbols wth an emphass on hstorcal leg

blty (We an Aass 18. It s ths emphass that

eas to the "freezeframe methoology we are pre

sente wth as an eal n such ocuments as the Vence

Charter whch may not accor well wth a non

Western "sense of place

We shoul try not to exaggerate these erences

an the resultant methooogcal fcultes. owevert shoul be note that another possble result of the

uncrtcal or unntegrate aopton of nonngenous

Suvan


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36/140

the iportant iplications of this for the anageent

of culturally signicant places

We now have soe goo exaples of the exible

application of such principles to Aboriginal paces

which has yiele an acnowlegent of the valiity

an authenticity of Aboriginal views about the pri-

ary value of a place an its consequent anage

ent A goo exaple woul be the anageent of

the iportant Aboriginal roc art corpus of the Ki

berlies in Western Australia ere the Western view

of the aesthetic an scientic value of the art cae

into conict with traitional Aborigina views about

their uty to repaint the sites an to use this process

to teach young people in the group about the trai

tional signicance of the art an their uties towarit an to provie training an practice in traitiona

repainting ethos an techniques (Mowaljarlai an

Pec 8 Bowler 88 Basically it was possible to

use the Bura Charter principles an ethoology to

estabish the ost signicant aspect of sitesthat is

their traitional vaue to their creatorsan to thus

usti Aboriginal anageent as outline above (see

aso ewis an ose 88 War an Sullivan 18

The charter recoens that where possible al

the establishe cultural values of the place shoul beconserve. his is an unusual case in that one value

was consiere in this instance to be ore signicant

than others an to require soe coproise of other

values to ensure its conservation.

Liewise New Zealan's charterthe Charter of

Aotearoais being rewritten to inclue Maori views of

signicance an value particularly the Maori belief that

paces ibue with the spirit of the ancestors shou be

allowe to ecay

he Mexican Declaration of Oaxaca is another

excellent exaple of an aaptation of an international

convention to suit ocal inigenous nees This ecla

ration concerns "cutural heritage in aily life an its

conservation through counity support he eca

ration proposes that conservation ethoology "shoul

never be establishe as an activity lying outsie the val

ues aspirations an practices of counities [nor

shou it ignore the very existence of the living heri

tage of cultural custos an traitionsA review of the probles of international con

ventions an stanars an of the iaginative an

18

creative aaptations o f the leas e to suggest that

there are soe ey factors to consier when we coe

to atching an inherite cultural heritage conserva

tion ethoology to the nees of iffering societies

an political systes

We nee to continualy test the oels we are

using for the appropriateness an effectiveness in the

environent in which are trying to use the. he basic

eleents of our heritage anageent systes an their

expression in legislation an in anageent structures

an conservation practice ust arise out of the ethos

an social environent of the particular culture we are

seeing to conserve Overal the power of place an

object in the society an its ultifacete signicance to

all eleents in that society ust be continualy ept in

view he eveopent of integrate ethos for

assessing cultural value is a ey tas of policy eliverers

Perhaps the ost iportant consequence of these

consierations is the necessity to ensure traitional an

counity involveent an support at al levels his

is oen a slow an ifcult pathan one that ay

prouce fewer shortter gainsbu in the long run

the conservation of cultural heritage can be achieve

an its integrity an eaning preserve only by aher-

ence to this principeIt foows aso that heritage practitioners shoul

exercise the uost cauion about the uncritical aoption

of recipes fro elsewhere no atter how enticing they

ay see or how appealing the recipe boo In particu

lar the scale of the propose easure or poicy shou be

atche with the situation in which it is being appie

Ieally the hoistic nature of conseration an espe-

ciay the integration of the cultural an the naturl envi

ronent shou be a principle that guies the

eveopent of conseration ethoology an practice

(n Australia uner the Australian eritage Act this

integration is achieve by the use of unifor or atch

ing criteria for natural an cultural heritage. In particu-

lar the Austrian eritage Coission is unertaing

an integrate assessent of Australian forests aie at

ientiing all their national estate vauesa process that

is proviing new ethoologica insight

he overall question we have to aress in consi

ering this issue is whether it is avantageous to aoptan use an international oel an if so uner which

conitions? The aoption of such charters or ofcial

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policy an stanas has ha some avantages in Aus

talia which ae summaize biey below:

It is possible to extact the essential elements of hei

tage policy fom existing intenationa chates an to

a paticula national o egional equiements

The ocial aoption of such a chate povies intenational pestige fo local conservation eneavos

The ocial aoption of such a nationa chate can

be a vey poweful consevation agument within the

society fo which it is witten

t also povies a set of stanas teminoogy an

conservation pactices that can be applie thoughout

the county an use an unestoo by speciaists an

govenment ofcials

A wellwitten chate with expanatory notes can be

use as a stana fo the pivate secto o local goven

ment caying out consevation wok

Lgilation andAdminitrati ytm

n this volume D ynel Prott has aleay iscusse

legisative an aministative systems an the nee fo

intenational stanas an laws especialy fo the in i

conservation of movable cultual popety Thus neenot go ove this groun but can simpy efe to some key

citeia which in Austalia seem to apply to eective he

itage legislation though many of these ae not necessaily

applicable in the othe counties of the egion

Potective legislation is an expession of an ieal by

o on behalf of society. It thus has a powel symbolic

value an can be use to justi an promote conseva

tion even when its actual foce is meage. Oen the mee

existence of a law potecting sites has a very impotant

psychological eect on the site's ownes an visitos

since they ecognize the site as something value by soci

ety Use in this way egislation is an impotant manage

ment tool Because legislation is not necessaiy the

expession of the pesent politica will howeve it is

oen ineectiveo can be mae to be ineective that

is when a govenment ns a paticua piece of legisla

tion inconvenient o politicay poblematical it can usu

aly ovetun it o n a way aoun it

egislation is only a famewok n which towokit is not a management ecipe he moe it

attempts to pescibe etaie management pactices

Policy Delvery

an actions the moe cumbesome an ifcult to

aministe it becomes Most of the planning an eci

sionmaking one by manages will not have a iect

legislative base but wil exist within a geneal enabling

legisative famewok

A checklist base on ou expeience to ate fo

the evelopment of goo legislation might incue

the following:

eitage legislation must aise out of the society fo

which it is intene an must t with the taitions

moes values an political/social stuctue of that society

It must inclue stong manatoy an wokable

community involvement an consultation pocesses.

t is closely linke to an povies fo an aminis

tative stuctue an ongoing nancial suppot (eg. by

the povision of a heitage fun

t povies specic custoial an/o consutation

ights fo those goups (if any paticulaly an taition

ally linke to the heitage mateial it seeks to potect

t ecognizes both the ights of the iniviual an the

fact that cultual popety is eveyone's heitage t oes

povie fo esumption by the state in some cicum

stances

t emphasizes positive an enabing povisions (eg

tax incentives eucation funing an listing of impotant places .

t has a minimum of eteent clauses which con

centate on key aeas an which ae enfoceable

It povies penaty clauses that ae ea eteents in

the case of seious oenses

t povies fo an eective el management compo

nent (eg local o egional sta an aministative

backup

t is closely linke to o emboies povisions about

an planning envionmental impact assessment an

lan management egislation.

t is vey simply witten an eaily compehensible

it has the "attest ecisionmaking stuctue that is

pactical

It makes ecoing an egistation poceues fo

sites manatoy

t alows fobut contolsestuctive eseach by

pofessionals an manages

It potects sites goupe into classes (athe than asiniviually gazette places an enes "amage an

"estuction boaly


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39/140

b rig nsrvin nning rmwr

entication of the heitage place o object

Assessment of cultual Assessment of management

signicance constaints an oppotunities

Design of consevation policy fo the place o obect

base on cultual signicance an management constaints

Design of appopiate consevation pactices fo the

heitage place o object to achieve the consevation policy

Setting up of a management monitoing system which allows eassessment

of any elements of the pocess an consequent evision of the plan

is not. In the face of all the m

cultural heritage asia-1

Documents