International Conventions as Frameworks of Management and Identity for African Cultural Heritage

Author(s):  
Susan Osireditse Keitumetse
2013 ◽  
Vol 20 (4) ◽  
pp. 407-429 ◽  
Author(s):  
Lucas Lixinski

Abstract:The article examines the problematic politics of expertise in the formation of international legal rules in the field of heritage, looking specifically at international conventions made under the auspices of UNESCO. The article shows that, even within this seemingly small and cohesive universe, there is a lot of room for disagreement, and much of it can be traced back to what Laurajane Smith has called “the Authorized Heritage Discourse” (AHD). The AHD is responsible for the dichotomization of heritage between intangible and tangible, as heritage professionals strive to hold on to and expand their self-created professional legitimacy and importance. Heritage professionals, in striving to maintain their relevance, tend to create self-referential regimes that exclude heritage holders and communities. I argue that lawyers, because of their own professional tendencies, might be in a position to offer a counterpoint to rule by experts in international cultural heritage management.


Author(s):  
Lee Keun-Gwan

This chapter explores the protection of cultural heritage in Asia. Rapid socioeconomic transformation in East Asia and South East Asia has posed a serious challenge to the cultural heritage of the sub-regions. The substantial damage and destruction inflicted on the cultural heritage, coupled with the growth of public awareness on its importance for national identity, prompted the governments in the region to take action, in particular through promulgation of the laws and regulations for the protection of cultural heritage. In so doing, the meaning of cultural heritage has generally expanded beyond the traditional, tangible cultural objects into intangible and underwater cultural heritage. A series of international conventions for the protection of cultural heritage, adopted under the auspices of UNESCO, has undoubtedly provided much impetus. Also, the question of return or repatriation of cultural objects to their countries of origin looms increasingly large in Asia.


2021 ◽  
Vol 5 (1) ◽  
pp. 101-111
Author(s):  
Corinna Rossi ◽  
Sara Rabie

The notion of “Cultural heritage” is quite modern compared to other humanistic fields developed in the last century. Conservation as a science has emerged and took shape during international conventions and treaties in many places in Europe and developed various frameworks to recognize the heritage and its value but based on “Eurocentric bias” criteria. The fact of sharing universal values and common practices during the age of globalization had a significant impact on conservation actions in contexts utterly different from western societies and don’t share the same historical or cultural dimensions. Therefore, this study traces the history of the evolution of conservation in the west from two perspectives; the historical one and the developing methodologies, and the philosophies behind the main theories in conservation. Cultural heritage is a reflection of the identity of the society and its past; thus, this study outlines the development of conservation practices in Egypt within the international approaches in a chronological order to investigate the social response and the impact of the political and cultural influence of the cultural consciousness of the society and the conservation actions in the Egyptian context. Furthermore, to investigate the contribution of international charters in developing national policies in Egypt.


2017 ◽  
Vol 5 (1) ◽  
pp. 142-156

This article discusses, in general, the cultural heritage preservation legal framework, and, especially, the Law of the Republic of Moldova on Archaeological Heritage Preservation approved by the Moldovan Parliament in 2010. Since the beginning of its independence, Moldova has had very poor legislation on cultural heritage, mostly based on the 1993 Law on monument preservation. But, during the last decade the Moldovan legal framework on heritage it is the improving very much. The 2010 Law on archaeological heritage preservation is the first of its kind in Moldova and was established according to the principles of the European and International Conventions signed by the Republic of Moldova. This paper debates the content of the new law, and light some needs for near future improvements.


Author(s):  
Anton C. van Vollenhoven

The main aim of this chapter is to provide assistance to institutions and individuals involved in cultural heritage management (for example, contract work), especially entry level. An overview of important aspects to take note of are given and some are discussed in detail. The concept of protection as indicated in the National Heritage Resources Act, the methodology of heritage resources management (also known as CRM), the concept of cultural significance, and the way of dealing with graves are all defined. This is placed in a global perspective by including applicable international conventions related to the protection of heritage. Information on the cultural context within South Africa is given to provide an understanding of possible issues to be dealt with. The result is a reference guide for the management of the cultural heritage of South Africa.


2021 ◽  
Vol 12 (1) ◽  
pp. 131-145
Author(s):  
Gunay N. Qafarova ◽  
◽  
Sadi A. Mirseyibli ◽  

The article presents a brief history of relations between the Armenian and Azerbaijani population of Karabakh and provides a concise chronological sequence of the resettlement of Armenians. It focuses on the consequences of the conflict that lasted for 30 years. As a result of the conflict, cultural heritage sites were destroyed on the territory of the unrecognized Nagorno-Karabakh Republic and millions of residents lost their homes when they were evicted from their ancestral lands. The investigated events brought a significant amount of troubles and sufferings to the Azerbaijani people, the number of its victims is estimated in the thousands. The Khojaly tragedy went down in history as the cruelest massacre of the civilian population. The military clash affected not only the population, but also the cultural heritage of the Azerbaijani people. Karabakh was the birthplace of many leading figures of Azerbaijani culture, such as Uzeyir Hajibeyli (Hajibeyov), Bulbul, Rashid Behbudov and others. Before joining the Russian Empire, these territories were part of the Karabakh Khanate and its main city was the impenetrable fortress of Shusha, the main population of which was Azerbaijanis. However, after joining Russia, Armenians from Iran, Turkey, and Syria began to move to these territories. After the creation of the Azerbaijan Soviet Socialist Republic, this region was preserved in its structure under the name of the Nagorno — Karabakh Autonomous Region, which later became a bone of contention between the two peoples. Emphasis in the article is given to museums and historical monuments destroyed as a result of the conflict. On the basis of facts, the authors trace the milestones of the destruction of the Azerbaijani cultural heritage — archaeological sites, museums, mausoleums, mosques, and churches. Ancient Albanian temples underwent armenization. Attention is drawn to the facts of violation of international conventions and normative legal acts on the preservation of cultural heritage.


Author(s):  
Y. C. Lu ◽  
T. Y. Shih ◽  
Y. N. Yen

Digital archiving technology for conserving cultural heritage is an important subject nowadays. The Taiwanese Ministry of Culture continues to try to converge the concept and technology of conservation towards international conventions. However, the products from these different technologies are not yet integrated due to the lack of research and development in this field. There is currently no effective schema in HBIM for Taiwanese cultural heritage. The aim of this research is to establish an HBIM schema for Chinese built heritage in Taiwan. The proposed method starts from the perspective of the components of built heritage buildings, up to the investigation of the important properties of the components through important international charters and Taiwanese laws of cultural heritage conservation. Afterwards, object-oriented class diagram and ontology from the scale of components were defined to clarify the concept and increase the interoperability. A historical database was then established for the historical information of components and to bring it into the concept of BIM in order to build a 3D model of heritage objects which can be used for visualization. An integration platform was developed for the users to browse and manipulate the database and 3D model simultaneously. In addition, this research also evaluated the feasibility of this method using the study case at the Huangxi academy located in Taiwan. The conclusion showed that class diagram could help the establishment of database and even its application for different Chinese built heritage objects. The establishment of ontology helped to convey knowledge and increase interoperability. In comparison to traditional documentation methods, the querying result of the platform was more accurate and less prone to human error.


1998 ◽  
Vol 7 (2) ◽  
pp. 376-394 ◽  
Author(s):  
FG Fechner

The law of cultural property is primarily based on the interests of the states concerned. If a cultural object is of high monetary or identificatory value, states will contest the ownership, and many of these cases are resolved by compromise. If a cultural object is of less monetary or identificatory value, states often neglect its preservation. Yet the law for protection of cultural property should not only be a method for the arbitration of national interests but should also take into account the interests of humankind in general, including preservation of the object in its original context, public accessibility, and the scientific, historic and aesthetic interests that can be associated with an object. While some states are unable to protect their cultural heritage, especially in times of war, public international law does not prevent a state from destroying its cultural heritage. Cultural heritage law is developing rapidly, and national laws and international conventions are in the process of creation. At this time, the author posits, it is therefore necessary to consider the reasons for the protection of cultural objects.


2021 ◽  
Author(s):  
Jie Huang

This paper demonstrates the legal dilemmas for protecting rights of states with a verifiable link to underwater cultural heritage (UCH) at doctrinal and practical levels and from international and domestic perspectives. The dilemmas include vague definitions, time-consuming procedures, weak remedies for violation, jurisdiction conflicts, and legal vacuum. It argues that domestic legislations are limited in offering protection to states with a verifiable link to UCH. More international cooperation is necessary. However, existing international conventions are insufficient in this aspect. Therefore, states are strongly encouraged to conclude bilateral or regional UCH treaties to protect themselves.


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