iclafi - icomos ejournal

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First IssueISSN 2074-1456

First Issue Nmero 1 July Julio, 2009 (Lima, Peru)

In Memorian Hristina Staneva President of ICOMOS / Bulgaria Vice-President of ICLAFI Member of ICOMOS Executive Committee


PRESENTATION - PRESENTACINFrom Professor James Reap, President of ICLAFI ...1 From the editors .2

HERITAGE THEORY TEORA SOBRE EL PATRIMONIOOn Definitions of Cultural Heritage 4 Prof. Dr. Jukka Jokilehto Poser des jalons pour lavenir du patrimoine. ...27 Prof. Jean Barthlemy Recognizing Heritage Rights as Cultural Rights ...38 El reconocimiento de Los derechos de patrimonio como derechos culturales .......... 46 James K. Reap

ICOMOS AT WORK ICOMOS TRABAJANDOGuiding Principles and Policies for Sustainable Tourism at World Heritage Sites .... 55 Graham Brooks The Work Ahead: Some Reflections on the Newly Ratified ICOMOS Charter on the Interpretation and Presentation of Cultural Heritage Sites ..66 Neil A. Silberman

WORLD HERITAGE ISSUES TEMAS DE PATRIMONIO MUNDIALQuebrada de Humahuaca Un itinerario cultural de 10000 aos de historia ..............................................................82 Liliana Fellner La zona de amortiguamiento como herramienta para proteger los Sitios del Patrimonio Mundial: el caso de los itinerarios Culturales .......................................105 Alberto Martorell Carreo

CASE STUDIES ESTUDIO DE CASOSEl Dictamen de ICOMOS Mexicano sobre la destruccin del edificio ubicado en Regina 97, En El Centro Histrico De La Ciudad De Mxico ..........................................132 Jos Ernesto Becerril Mir

Traditions, Norms and Customs Versus Codified Legal Systems in the conservation of heritage: The experience of Uganda. What are the challenges? 145 SSENYONGA Fredrick Nsibambi

INSTITUTIONS - INSTITUCIONES157 Forum UNESCOUniversity and Heritage ... Brief introduction of World Heritage Training and Research Institute for the Asia 169 and the Pacific Region under the auspices of UNESCO ..Ping Kong

BOOK REVIEW REVISIN DE LIBROSBen Boer and Graeme Wiffen, Heritage Law in Australia (Sydney, Oxford 174 University Press, 20056, xvii + 334 pages ISBN10: 0 19 551641 9) ... Erika J Techera


From Professor James Reap, President of ICLAFIWelcome to this first edition of the ICLAFI Ejournal. The Journal is an initiative of ICLAFI, the International Scientific Committee on Legal, Administrative and Financial Issues of ICOMOS. ICOMOS, the International Committee on Monuments and Sites, is a large international association of professionals active in heritage conservation, is also the principal advisor to UNESCO when it considers potential world heritage sites involving issues of cultural heritage. ICLAFI is a group of lawyers and administrators who assist ICOMOS in its heritage conservation work. ICLAFI provides a forum for the comparative study of our areas of interest, primarily through our annual symposium. The symposium allows members to discuss areas of interest in a comparative and interdisciplinary context. Often in our symposium we are also able to engage with current issues in the host country where we are meeting. The second major focus of the activities of ICLAFI is to assist the wider membership of ICOMOS, particularly on the governance of ICOMOS active network of international scientific committees. We assist in the setting up of new committees and have, for example, prepared model statutes for this purpose. I invite you to visit the ICLAFI website, by following the link to scientific committee on ICOMOS international website (www.icomos.org), to gain an appreciation of our work. You will find more resources there, including links to papers delivered at ICLAFIs annual symposium. I hope you enjoy the ICLAFI ejournal and find it useful in your work. The editors welcome feedback, and suggestions for matters that future issues of the ejournal might address. They are also, of course, very interested in receiving papers and other items for publication. James Reap President International Scientific Committee on Legal, Administrative and Financial Issues 1


From the EditorsWe present the first issue of the ICLAFI E-journal. The ICLAFI ejournal is an initiative to further the scientific work of ICLAFI in legal and administrative aspects of heritage conservation. Recognizing the increasing interest in understanding and protecting cultural heritage in the world today, it is the mission of the ICLAFI Electronic Journal to contribute to the development and diffusion of conservation science, especially on legal protective systems and World Heritage issues. ICLAFI E-Journal will also be a forum for the diffusion of the wider expertise of ICOMOS and its national and international committees. The editorial committee will coordinate with ICOMOS committees. The ICLAFI EJ will present research papers and shorter articles of interest to cultural heritage conservation and information on the projects and activities of ICOMOS and its national and international committees. We hope the material published in the ejournal will expand the heritage worlds appreciation of the centrality of law in underpinning its work. The concern is sometimes expressed that the role of law is viewed too narrowly by heritage practitioners from other disciplines. The ejournal will actively solicit conceptual and theoretical material to expand these horizons. Similarly the ejournal will publish case studies of laws in action, and particularly of innovative strategies that lawyers and administrators round the world have used to achieve the goals of heritage conservation. It is envisaged that the ejournal will have initially 2 issues a year, available on line through the ICLAFI section on the ICOMOS webpage. We will be waiting for all the conservationist actors reactions, comments, suggestions and criticism. Please, do not hesitate to write us to [email protected] Alberto Martorell Carreo. ICOMOS Peru Graeme Wiffen. Australia ICOMOS Editors


Heritage Theory Teora sobre el Patrimonio

On definitions of cultural heritage

On Definitions of Cultural HeritageProf. Dr. Jukka Jokilehto(16 July 2008)

The definition of practices, places, objects and the various types of properties conceived as heritage is generally considered one of the acquisitions of modern society. Indeed, the recognition of something as heritage is the fundamental condition for the protection of such properties and the basis for special care, conservation and restoration. Above all, the second half of the 20th century has been characterized by the evolution of modern conservation doctrine, which has gradually expanded to all corners of the, by now, globalized world. Definitions are found in national legislation, norms and guidelines, as well as in the international doctrine, such as the charters of ICOMOS or the recommendations of UNESCO. The purpose of this paper is to look particularly into this international doctrine, taking into account the changing definitions over time and the types of heritage that have been considered in the different periods. In the history of the conservation of cultural heritage, one can identify periods articulated by moments of discontinuity. From the conservation point of view, the traditional continuity that characterized the different world regions from the Antiquity was subject to major changes as a result of the scientific, technological, cultural and philosophical innovations that made Europe a major reference from the 15th to the 18th centuries. The 19th century was marked by increased attention to local traditions and consequent revivals. It is a period of intense debates about restoration principles and the establishment of state protection of collections, historic objects and monuments in many countries of the world. Another major transition period was the first part of the 20th century, characterized by the two World Wars, and the emerging Modern Movement in art, architecture and urban planning. In the history of conservation, finally, the second half of the 20th century can be characterized as the period of the international conservation movement, the recognition of principles taken as universals as well as the diversity and specificity of the different cultures, two apparently contradictory notions. 4

Jukka Jokilehto

Sacred placesContrary to what is often thought, the protection and conservation of places or properties has existed well before the 18th and 19th centuries. We can identify a variety of definitions for places to be protected or managed respecting their characteristics. Traditionally, man lived in close relationship with nature, based on fear and respect. Nature and natural phenomena were associated with belief systems and myths, reflected in cultural traditions and patterns of behaviour. Places such as mountains, forests, tall trees, waterways, etc., were associated with spiritual meanings and divinities. The American aboriginals considered the entire land as sacred exclaiming (Jokilehto, 1999: 7): Every part of this land is sacred to us. ... The resin that rises in the veins of the trees carries in it the past of the Red Man. ... The glittering water that moves in the streams and rivers is not only water, it is the blood of our ancestors. Mountains were particularly important considering their close relationship with the sky god. For example in China the five principal sacred mountains include Taishan, inscribed on UNESCO World Heritage List, which was a place of ritual visits by emperors; in Japan, Fujiyama still retains its symbolic meaning for the entire country. Symbolism associated with sacred trees or mountains could be taken as reference for the design of buildings, such as the pyramids, dagabas, pagodas and bell towers. The appreciation of nature