Cultural heritage

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CULTURAL HERITAGE SILVIA MARIA GONZÁLEZ FERNÁNDEZ

description

This ppt evaluates the cultural heritage in China and Spain declared by the Unesco. It explain the main mechanism used to preserved the heritage and what the China´s law discuss about the cultural property and Spanish law. ( General features)

Transcript of Cultural heritage

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CULTURAL HERITAGE

SILVIA MARIA GONZÁLEZ FERNÁNDEZ

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COMPARISON BETWEEN SPAIN AND CHINA IN CULTURAL HERITAGE LAW

Historical, Cultural, and Educational InterestsCultural property preserved within its country of origin has ethnological, historical, cultural, and educational worth. These values are enhanced for the source nation by the presence of the property within its borders. Presence in the source nation maintains a link between the artifact and its geographical and historical milieu.

The Confucio illustrates the critical importance of resident cultural

property.

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METHOD OF HERITAGE PROTECTION

The method of heritage protection can be divided into two kinds: static and dynamic. Cultural relics should be protected by museum-style, it's static protection; language and other non-material cultural heritage in order to be protected by living state. Static protection is based on protecting inheritors, to make them play an active role in

their the non-material cultural heritage and development.

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MECHANISM TO KEEP THE HERITAGE

First, to make local volunteers and community residents as the main role of cultural heritage protection, to establish volunteer protection mechanisms, to arouse self-consciousness and action of the local population to protect the cultural heritage; second, in the process of protection the government and non-governmental organizations must respect cultural rights of local people and right of development so as to effectively protect the legitimate rights and interests of local people; Third, to play down the role of

experts, not pre-empt, or imposed.

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The World Heritage Convention

The most significant feature of the 1972 World Heritage Convention is that it links together in a single document the concepts of nature conservation and the preservation of cultural properties. The Convention recognizes the way in which people interact with nature, and the fundamental need to preserve the balance between the two. 

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UNESCO

United Nations Educational and Scientific Organization (UNESCO) has since promotedvarious conventions and other instruments for the conservation of cultural heritage, including the following: ·        Recommendation Concerning International Competitions in Architecture and

Town Planning (1956); ·        Recommendations on International Principles Applicable to Archaeological

Excavations (1956); ·        Recommendations Concerning the Safeguarding of the Beauty and

Character of Landscapes and Sites (1962); ·        Recommendations Concerning the Preservation of Cultural Property

Endangered by Public or Private Works (1968); ·        Recommendations Concerning the Protection at National Level of the

Cultural and Natural Heritage (1972); ·        Convention Concerning the Protection of the World Cultural and Natural

Heritage (1972) which introduced the concept of World Heritage Sites; ·        Recommendations Concerning the Safeguarding and Contemporary Role of

Historic Areas (1976).

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UNESCO’s Convention Concerning the Protection of the World Cultural andNatural Heritage (1972) has defined cultural heritage by the followingclassifications: ·        Monuments: architectural works, works of monumental sculpture

and painting, elements or structures of an archaeological nature, inscriptions, cave dwellings and combinations of features, which are of outstanding universal value from the point of view of history, art or science;

·        Groups of buildings: groups of separate or connected buildings which, because of their architecture, their homogeneity or their place in the landscape, are of outstanding universal value from the point of view of history, art or science;

·        Sites: works of man or the combined works of nature and of man, and areas including archaeological sites which are of outstanding universal value from the historical, aesthetic, ethnological or anthropological points of view.

 

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CULTURAL HERITAGE IN CHINA. UNESCO

China1. Ancient Building Complex in the Wudang Mountains 2. Ancient City of Ping Yao 3. Ancient Villages in Southern Anhui – Xidi and Hongcun 4. Capital Cities and Tombs of the Ancient Koguryo Kingdom 5. China Danxia 6. Classical Gardens of Suzhou 7. Dazu Rock Carvings 8. Fujian Tulou 9. Historic Centre of Macao 10. Historic Ensemble of the Potala Palace, Lhasa 1 11. Historic Monuments of Dengfeng in “The Centre of Heaven and Earth” 12. Huanglong Scenic and Historic Interest Area 13. Imperial Palaces of the Ming and Qing Dynasties

in Beijing and Shenyang 14. Imperial Tombs of the Ming and Qing Dynasties

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15. Jiuzhaigou Valley Scenic and Historic Interest Area 16. Kaiping Diaolou and Villages 17. Longmen Grottoes 18. Lushan National Park 19. Mausoleum of the First Qin Emperor 20. Mogao Caves 21. Mount Emei Scenic Area, including Leshan Giant Buddha Scenic Area 22. Mount Huangshan 23. Mount Qingcheng and the Dujiangyan Irrigation System 24. Mount Sanqingshan National Park 25. Mount Taishan 26. Mount Wutai 27. Mount Wuyi 28. Mountain Resort and its Outlying Temples, Chengde 29. Old Town of Lijiang 30. Peking Man Site at Zhoukoudian 31. Sichuan Giant Panda Sanctuaries - Wolong, Mt Siguniang and Jiajin Mountains 32. South China Karst 33. Summer Palace, an Imperial Garden in Beijing 34. Temple and Cemetery of Confucius and the Kong Family Mansion in Qufu 35. Temple of Heaven: an Imperial Sacrificial Altar in Beijing 36. The Great Wall 37. Three Parallel Rivers of Yunnan Protected Areas 38. Wulingyuan Scenic and Historic Interest Area 39. Yin Xu 40. Yungang Grottoes

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SPAIN. CULTURAL HERITAGE. UNESCO

1. Alhambra, Generalife and Albayzín, Granada 2. Aranjuez Cultural Landscape 3. Archaeological Ensemble of Mérida 4. Archaeological Ensemble of Tárraco 5. Archaeological Site of Atapuerca 6. Burgos Cathedral 7. Catalan Romanesque Churches of the Vall de Boí 8. Cathedral, Alcázar and Archivo de Indias in Seville 9. Cave of Altamira and Paleolithic Cave Art of Northern

Spain 10. Doñana National Park 11. Garajonay National Park 12. Historic Centre of Cordoba 2 13. Historic City of Toledo 14. Historic Walled Town of Cuenca 15. Ibiza, Biodiversity and Culture

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15. La Lonja de la Seda de Valencia 16. Las Médulas 17. Monastery and Site of the Escurial, Madrid 18. Monuments of Oviedo and the Kingdom of the Asturias 19. Mudejar Architecture of Aragon 20. Old City of Salamanca 21. Old Town of Ávila with its Extra-Muros Churches 22. Old Town of Cáceres 23. Old Town of Segovia and its Aqueduct 24. Palau de la Música Catalana and Hospital de Sant

Pau, Barcelona 25. Palmeral of Elche 26. Poblet Monastery 27. Prehistoric Rock Art Sites in the Côa Valley and Siega Verde 28. Pyrénées - Mont Perdu 29. Renaissance Monumental Ensembles of Úbeda and Baeza

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15. Rock Art of the Mediterranean Basin on the Iberian Peninsula 16. Roman Walls of Lugo 17. Route of Santiago de Compostela 18. Royal Monastery of Santa María de Guadalupe 19. San Cristóbal de La Laguna 20. San Millán Yuso and Suso Monasteries 21. Santiago de Compostela (Old Town) 22. Teide National Park 23. Tower of Hercules 24. University and Historic Precinct of Alcalá de Henares 25. Vizcaya Bridge 26. Works of Antoni Gaudí 6

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THE CHINA CONSTITUITION AND THE PROPERTY

Article 12 Socialist public property is inviolable. The state protects socialist property. Appropriation or damaging of

state or collective property by any organization or individual by whatever means is prohibited.

Article 13 The state protects the right of citizens to own lawfully earned income, savings, houses and other lawful property.

Article 22 The state promotes the development of art and literature, the press, radio and television broadcasting, publishing and distribution services, libraries, museums, cultural centers and other cultural undertakings that serve the people and socialism, and it sponsors mass cultural activities.

The state protects sites of scenic and historical interest, valuable cultural monuments and relics and other significant items of China's historical and cultural heritage.

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CHINA´S CULTURAL HERITAGE

China's cultural heritage consists of both tangible and intangible cultural heritage. Tangible cultural heritage refers to cultural relics with historical, artistic and scientific values, including movable and unmovable cultural relics.

1. Movable cultural relics include ancient cultural remains, ancient tombs, ancient architectures, grotto temples, stone carvings, murals, and important remains and representative buildings in the history of modern China.

There are nearly 400,000 registered sites of unmovable cultural relics in mainland China so far. Administration by levels is exercised on the protection of unmovable cultural relics in China. Important unmovable cultural relics are classified as sites under protection at county & municipal, provincial or state levels. In China, there are so far 2352 sites under the state-level protection, 9396 sites under the provincial-level protection and 58,300 sites under the county or municipal-level protection. Moreover, 103 cities are designated as "Historically and Culturally Famous City".

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Legal system building has been constantly improved and a system of laws and regulations on cultural relics protection has been basically developed.

In 1982, China issued the Law of the People's Republic of China on the Protection of Cultural Relics, the country's first law in the field of cultural relics. The Law was revised in October 2002. Within the framework of the Law, the Ministry of Culture and the State Administration of Cultural Heritage have drawn up some 30 regulatory documents and administration regulations, and a number of local regulations have been released. In addition, China has joined the four international conventions concerning the protection of cultural heritage, including Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property (1970).

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In addition, major explorations have been conducted in the following three aspects:

A) Improve the legal system concerning the protection of cultural relics and their surroundings, continue to strengthen the law enforcement and further speed up theoretical studies so as to make sure that legal means and theoretical studies will play a bigger role in the protection of cultural relics.

B) Speed up the compilation of plans for the protection of cultural relics so that they can be given proper protection under the guidance of protection plans. Meanwhile, more efforts should be made in facilitating protection plans to be integrated into overall urban development plans, urban system plans and economic and social development plans, and in working out measures to implement protection plans on the dimension of country administration.

C) Try our utmost to guarantee the implementation of significant protection projects such as large-scale remains in cities, complete a number of model projects for the protection of key heritage sites, gradually develop a good natural, cultural and ecological environment for the protection of cultural relics, achieve harmonious and sustainable development of local communities and natural environment and upgrade living standards of local people.

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Articles on the protection of artifacts are included in the criminal law. The cultural relics protection law was passed in 1982 and amended in 1991. A new cultural relics protection law was passed in 2002. Rules and regulations issued by the ministry of culture and state administration of cultural heritage guide have implemented theses

laws.

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SPANISH LAW- CULTURAL HERITAGE

Law 16/1985 of 25 June on Spanish Historical Heritage.

• PART I. DECLARATION OF INTEREST CULTURAL PROPERTY (Articles 9 to 13)

They are subject to this Act the protection, enhancement and transmission to future generations of Spanish Historical Heritage.

2. Integrate the Spanish Historical Heritage buildings and movable objects of artistic, historical, paleontological, archaeological, ethnographic, scientific or technical. Also part of the bibliographic and documentary heritage, and archeological sites and natural sites, gardens and parks, which have artistic value, historical or anthropological.

3. The most important property of the Spanish Historical Heritage should be inventoried or declared of cultural interest in the terms provided in this Act

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Article 6.For the purposes of this Act shall be construed as the competent for execution:

a. Each Autonomous Community are responsible for the protection of historical heritage.

2. The statement by Royal Decree require prior initiation and processing of administrative proceedings by the competent authority as provided in Article 6 of this Act shall state on the record of a favorable report of consultative institutions mentioned in Article 3, paragraph 2, or have recognized the same character in the context of a region. Three months after the application of the report which had not been issued, it is understood that the favorable opinion is required the declaration of cultural interest. When the dossier is for real estate are available as well, opening a period of public information and shall be heard by City Council concerned.3. The file should resolve within a maximum period of twenty months from the date on which it was initiated. The file expiration will occur within that period if the delay has been reported and if no decision within four months after the complaint. Expired file may not be initiated again in the next three years, except at the request of the holder.

4. May not be declared of cultural interest the work of a living author, unless there is express permission of the owner or half its acquisition by the Administration.

5. it can be processed by the competent administrative record, which must contain a favorable report and rationale of some of consultative institutions, to be agreed by the King's statement .

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SOME CONCLUSIONS….

The rich cultural heritage of Southeast Asia has been recognized as an asset that attracts visitors and generates income for this region Revitalization of heritage structures and precincts, and the development of cultural heritage tourism initiatives have fostered strong community ownership and helped ensure the values of cultural heritage. Innovative interpretations of historic sites, public art programs and special cultural events are the essential ingredients of a successful agenda for cultural heritage tourism. Nonetheless, planning and management of cultural heritage tourism in Southeast Asia have met with several shortcomings. The major challenge has been to work effectively with all stakeholders in cultural heritage to understand the needs and constraints of the host communities, whilst at the same time upholding the principles of conserving cultural heritage.

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The cultural heritage tourism segment in Southeast Asia reflects the need for strong government commitment and leadership to enforce effective regulations to protect cultural heritage from development threats. Several initiatives have been employed including fairs, exhibitions, seminars and workshops to gather more public awareness on the importance of cultural heritage conservation for tourism. The ASEAN symbol of solidarity is being realized through the establishment of smart partnerships for the transfer of know-how, technology and experience in managing the vibrant cultural heritage cities. Community participation at various levels would serve well in preserving the cultural fabric that shape and mould the notable heritage milieu of the Southeast Asian cities. In time, it is hoped that the intrinsic meanings and values of cultural heritage conservation would transcend all stakeholders, tourists, the NGOs, local communities as well as the younger generations.