04 Aug 2008: ISS Today: Safeguarding Cultural Property During Peacetime

4 August 2008: Safeguarding Cultural Property During Peacetime

 

It is now common cause that Africa is generally conflict-prone. These conflicts, which are mostly protracted, not only threaten Africans, but also their cultural property. Cultural property of any nation forms part of the world’s cultural heritage. It is viewed as constituting part of the general interest of the international community as a whole. Through cultural property, human beings appreciate themselves and their heritage. Whether a state is a signatory to international instruments dealing with cultural property or not, it has an obligation to protect cultural heritage. This obligation is also owed to other states in the public interest. Safeguarding cultural property can only effectively take place during peacetime.

 

In terms of Article 1 of The Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict of 1954 (Hague Convention) cultural property can de defined as movable or immovable property of great importance to the cultural heritage of a people. It includes monuments of architecture, art or history - whether religious or secular; archaeological sites; manuscripts, books and other objects of artistic, historical or archaeological interest; scientific collections and important collections of books or archives; as well as buildings in which such objects are collected or cultural centres containing large amounts of cultural property, otherwise known as "centers containing monuments". For property to be considered as cultural it must be of great importance to the cultural heritage of every people, if not a majority of them.

 

There are a number of international legal instruments addressing the cultural property. The main ones (which are subject to ratification or accession) include the already mentioned Hague Convention, which applies to international armed conflicts and to cases of partial or total occupation; the First Protocol, 1954 which deals with the exportation of cultural property in the event of an armed conflict; and the Second Protocol, 1999, which provide guidelines on the operation of the Hague Convention. The body responsible for cultural heritage at the international level is the United Nations Educational Scientific and Cultural Organisation (UNESCO). It is under the auspices of UNESCO that the abovementioned instruments are drawn up.

 

The main actions concerning cultural property include safeguarding, respecting, protecting and restoring it. Many of the practical measures taken in safeguarding cultural property are drawn from the UNESCO recommendations. For instance, there are recommendations for the protection of movable cultural property; preservation of cultural property endangered by public or private works and recommendations on means for prohibiting and preventing the illicit export, import and transfer of ownership of cultural property. These are available of the UNESCO website.  

 

Of paramount importance, states must prepare for the safeguarding of their cultural property against foreseeable effects of armed conflicts by taking measures, as they consider appropriate. Over and above this obligation, states must respect cultural property by refraining from using such property or its surroundings for purposes likely to expose it to destruction / damage during conflict situations. They must also refrain from any acts of hostility directed against such property. States have an obligation to protect cultural property and this can be achieved by preventing, and if necessary, stopping any form of theft, pillage, or misappropriation of cultural property or any acts of vandalism against it. They must also restore cultural property and refrain from requisitioning it in other states.

 

Some of the most important recommendations for the protection of cultural property include Recommendation concerning the Preservation of Cultural Property Endangered by Public or Private works: 19 November 1968, Recommendation for the Protection of Movable Cultural Property: 28 November 1978, and Recommendation on the Means of Prohibiting and Preventing the Illicit Export, Import and Transfer of Ownership of Cultural Property: 19 November 1964. It is very critical for states to make use of these guidelines as they are aimed at nothing less than ensuring that cultural property is protected at all costs.

 

One of the questions, which could be asked relates to the most appropriate body to undertake the peacetime safeguarding measures? This could be through Ministries of Arts and Culture. Article 3 of the Hague Convention: commits State Parties to prepare for the safeguarding of their own cultural property. Article 5 of the Second Protocol expands upon the kind of measures by providing for the preparation of inventories, planning of emergency measures for protection against fire / structural collapse, preparation of the removal of movable cultural property / the provision for adequate in situ protection, and the designation of competent authorities responsible for the safeguarding of the cultural property.

 

While the minimum standard for African states is that they should afford “general protection” regarding cultural property, the maximum that states could also consider is to afford “special protection” to a limited number of refugees intended to shelter movable cultural property, centers containing monuments and other immovable cultural property of very great importance. States have to register cultural property for special protection on an international register. They should also undertake practical measures to preserve and salvage through legislation, financing programmes, developing administrative measures, setting up procedures to preserve and salvage cultural property, proscribing penalties, arranging for repairs of cultural property, giving awards, rendering advice and developing educational programmes.

 

The question is the extent to which African States have formulated legal instruments, drawn inventories, provided human resources and documentation, and developed educational programmes, all aimed at safeguarding cultural property during peacetime. This is very important in Africa, even more so than anywhere else in the world due to the continent’s volatility. Cultural property is critical to any nation’s heritage and it is through it that nations pride themselves. Cultural property ensures social cohesion, as a nation always identifies itself through its culture. As the African societies reflect upon cultural property for their very existence, states bear the ultimate responsibility for safeguarding cultural property through respecting, protecting and restoring cultural property.

 

Sabelo Gumedze, Senior Researcher, Security Sector Governance Programme, ISS Tshwane (Pretoria)

Â