RECOMMENDATION ON THE CONSERVATION OF CULTURAL PROPERTY ENDANGERED BY PUBLIC OR PRIVATE WORKS The General Conference of the United Nations Educational, Scientific and Cultural Organization, meeting in Paris from 15 October to 20 November 1968, at its fifteenth session: Considering that contemporary civilization and its future evolution rest upon the cultural tradition of peoples and the creative forces of humanity, as well as upon their social and economic development, Considering that cultural property is the product and testimony of the different traditions and spiritual achievements of the past, and thus constitutes an essential element of the personality of peoples.
Considering that it is indispensable to conserve them—as far as possible and according to their historical and artistic importance—and to present them so that peoples may comprehend their meaning and message and thus strengthen the consciousness of their own dignity, Considering that this conservation and presentation of cultural property, in the spirit of the Declaration of the Principles of International Cultural Co-operation, adopted on 4 November 1966 during the fourteenth session, fosters better understanding among peoples and thereby serves the cause of peace.
Considering also that the well-being of the population depends, among other things, on their life unfolding in a favorable and stimulating environment and that the preservation of cultural property from past periods of their history directly contributes to this.
Recognizing, on the other hand, the role that industrialization, towards which world civilization is advancing, plays in the development of peoples and in their complete spiritual and national fulfilment.
Considering however that the monuments, testimonies and vestiges of the prehistoric, protohistoric and historic past, as well as many recent constructions possessing artistic, historical or scientific importance, are increasingly threatened by public and private works resulting from the development of industry and urbanization.
Considering that it is the duty of governments to ensure the protection and conservation of the cultural heritage of humanity as much as to promote social and economic development, Considering that, consequently, it is urgent to harmonize the conservation of the cultural heritage with the transformations demanded by social and economic development, and that it is necessary to make the greatest efforts to ensure that both requirements are met within a broad and constructive understanding and with reference to appropriate planning, Considering also that the adequate preservation and presentation of cultural property powerfully contributes to the social and economic development of countries and regions possessing this kind of treasures of humanity by stimulating national and international tourism.
Considering finally that in matters of preservation of cultural property, the surest guarantee is constituted by the respect and attachment that the population itself feels for these properties, and that Member States can contribute to strengthening such feelings through appropriate measures.
Having before it the proposals concerning the conservation of cultural property endangered by public or private works, proposals which constitute item 16 of the Agenda of the session.
Having decided at its thirteenth session that the proposals on this matter should be made the subject of an international instrument in the form of a recommendation to Member States.
Adopts this day, the nineteenth of November 1968, the present recommendation:
The General Conference recommends that Member States apply the following provisions, by adopting the legislative measures or measures of another character that may be necessary to put into practice in their respective territories the norms and principles formulated in this recommendation:
The General Conference recommends that Member States bring this recommendation to the attention of the authorities and bodies responsible for public or private works as well as the bodies responsible for the conservation and protection of historical, artistic, archaeological and scientific monuments.
Recommends that the authorities and bodies concerned with planning education programs and tourism development be equally informed; The General Conference recommends that Member States inform it, on dates and in a manner to be determined, of the measures they have taken to apply this recommendation.
1. Definition 1. For the purposes of this recommendation, the term "cultural property" shall apply to:
a. Immovable property (inmuebles), such as archaeological, historical or scientific sites, buildings or other constructions of historical, scientific, artistic or architectural value, religious or secular, including groups of traditional buildings, the historic quarters of urban and rural built-up areas and the vestiges of past cultures having ethnological value. It shall apply both to immovable property of the same character constituting ruins above ground level and to archaeological or historical vestiges found beneath the surface of the earth. The term "cultural property" also includes the setting (marco circundante) of such property.
b. Movable property (bienes muebles) of cultural importance, including that found within immovable property or recovered from it, and that which is buried and may be found in places of archaeological or historical interest or elsewhere.
2. The term "cultural property" includes not only the recognized and registered architectural, archaeological or historical sites and monuments, but also the unrecognized and unregistered vestiges of the past, as well as recent sites and monuments of artistic or historical importance.
2. General Principles 3. Measures for the conservation of cultural property should extend not only to certain monuments or sites, but to the entire territory of the State.
4. Inventories should be undertaken for the protection of important cultural property, registered or not. When such inventories do not exist, priority should be given, in establishing them, to the detailed and complete survey of cultural property in areas where such property is in danger as a consequence of the execution of public or private works.
5. Due account should be taken of the relative importance of the cultural property involved when determining the necessary measures:
a. To conserve the whole of an archaeological site, a monument or other types of immovable cultural property against the consequences of public or private works; b. To save (salvar) cultural property when the area where it is situated is to be transformed for the execution of public or private works and when such property or parts thereof are to be conserved and relocated.
6. The measures to be taken shall vary according to the character, size and location of the cultural property, and according to the nature of the dangers threatening it.
7. The measures aimed at conserving or saving cultural property should be preventive and corrective.
8. The preventive and corrective measures should aim to protect or save cultural property endangered by public or private works that may damage or destroy it, for example:
a. Urban expansion and renewal works, in which, even if registered monuments are respected, less important structures are modified, thereby destroying the connections and the historical setting surrounding the monuments in historical quarters; b. Similar works in areas where groups of traditional buildings of cultural value may be in danger of destruction because no registered monument exists there; c. Inopportune alterations or repairs to historic buildings; d. The construction or modification of highways that constitute a serious danger to sites, monuments or groups of monuments of historical importance; e. The construction of dams for irrigation, electric power production, and flood prevention; f. The construction of pipelines and electric power transmission lines; g. Agricultural works such as deep ploughing, drainage and irrigation works, land clearing and levelling, and reforestation; h. Works required by industrial development and the technical progress of industrialized societies, such as the construction of airfields, mining and quarrying operations, and the dredging and improvement of canals and ports, etc.
9. Member States should give priority to measures necessary for the in situ conservation of cultural property endangered by public or private works, in order to maintain the continuity and historical connections of such property. When economic or social circumstances require the relocation, abandonment or destruction of cultural property, the works aimed at saving it should always include a careful study of the cultural property involved and the complete recording of relevant data.
10. The results of studies of scientific or historical interest carried out in connection with works aimed at saving cultural property, especially when all or a large part of the immovable cultural property has been abandoned or destroyed, should be published or otherwise made available to future researchers.
11. Important buildings and other cultural monuments that have been relocated to avoid their destruction as a consequence of public or private works should be placed in sites or settings that resemble their original location and their natural, historical or artistic connections.
12. Movable cultural property of great interest, including representative specimens of objects from archaeological excavations or found during works aimed at saving cultural property, should be conserved for study or displayed in institutions such as museums, including on-site museums or universities.
3. Conservation and Salvage Measures 13. To conserve or save cultural property that the execution of public or private works may endanger, means corresponding to the following specific measures should be employed, in accordance with the legal and organizational system of each State:
- a)Legislation, b) Financing, c) Administrative measures, d) Methods for the conservation and salvage of cultural property, e) Penalties, f) Repairs, g) Rewards, h) Advisory services, i) Educational programmes.
Legislation:
15. Member States should provide for the allocation of the necessary funds to conserve or save cultural property endangered by public or private works; although differences in traditions and legal systems, as well as inequality of resources, preclude the adoption of uniform measures, the following possibilities should be considered:
a. The national or local authorities responsible for the protection of cultural property should have adequate budgets to conserve or save cultural property endangered by the execution of public or private works; or, b. The costs necessary for conserving or saving cultural property that such works may endanger, including those relating to preliminary archaeological investigations, should be included in the budget of the new public or private constructions; or, c. Provision should be made for the possibility of combining the methods set forth in subparagraphs a. and b.
16. When costs are exceptionally high due to the scale and complexity of the necessary works, there should be possibilities of obtaining supplementary funds by virtue of appropriate laws, through special grants, from a national monument fund or other appropriate means. The offices responsible for the protection of cultural property should be empowered to administer or utilize extra-budgetary credits necessary to conserve or save cultural property endangered by the execution of public or private works.
17. Member States should encourage the owners of buildings of artistic or historical importance, including buildings forming part of a traditional group, as well as persons living in a historic quarter of urban and rural built-up areas, to protect the character and beauty of the cultural property they possess that may suffer damage as a result of public or private works, by means of:
a. Tax relief; or, b. The establishment, through appropriate legislation, of a budget to assist, by means of grants or loans or other measures, local authorities, institutions and owners of buildings of artistic, architectural, scientific or historical importance, including groups of traditional buildings, to maintain or adapt them appropriately to the needs of contemporary society; or, c. Provision should be made for the possibility of combining the methods set forth in subparagraphs a. and b.
18. If the cultural property is not registered or otherwise protected, the owner should have the possibility of requesting the necessary assistance from the competent authorities.
19. National or local authorities, as well as private owners, when allocating funds for the conservation of cultural property endangered by the execution of public or private works, should take into account the intrinsic value of such property, as well as the contribution it can make to the economy as a tourist attraction.
Administrative Measures:
20. The task of conserving or saving cultural property endangered by public or private works should be entrusted to appropriate official bodies. Where official bodies or offices for the protection of cultural property already exist, they should be given powers for the conservation of cultural property endangered by public or private works. If no such offices exist, special bodies or offices should be created for the conservation of cultural property threatened by the execution of public or private works. Although differences in constitutional provisions and traditions among various countries preclude the application of a uniform system, certain common principles should be adopted:
a. An advisory coordinating body composed of representatives of the authorities responsible for the protection of cultural property, of the public or private works undertakings, of urban development planning, and of research and education institutions, should be competent to advise on the conservation of cultural property endangered by the execution of public or private works, and in particular, on conflicts between the needs of executing public or private works and those of the works to conserve or save cultural property.
b. Local or provincial, municipal or other authorities should also have offices responsible for conserving or saving cultural property endangered by the execution of public or private works. These offices should be able to call upon the assistance of national offices or other appropriate bodies, according to their powers and needs.
c. The offices responsible for the protection of cultural property should be suitably provided with the specialized personnel necessary to conserve or save cultural property endangered by the execution of public or private works: architects, urban planners, archaeologists, historians, inspectors and other specialists and technicians.
d. Administrative measures should be taken to coordinate the work of the various offices responsible for the protection of cultural property with the activities of other offices dealing with public and private works and of other departments or offices whose functions relate to the problem of conserving or saving cultural property endangered by the execution of public or private works.
e. Administrative measures should be taken to designate an authority, or to create a commission, responsible for urban development programmes in all cities possessing historic quarters, sites and monuments of interest, registered or not, that are to be protected against the execution of public or private works.
21. When preliminary studies are carried out on construction projects in a locality of recognized cultural interest, or in which objects of archaeological or historical value are likely to be found, it would be advisable for several variants of such projects to be prepared, on a regional or urban scale, before a decision is taken. The choice among these variants should be based on a comparative analysis of all elements, in order to select the most advantageous solution, both from the economic point of view and with respect to the conservation or salvage of cultural property.
Methods for the Conservation and Salvage of Cultural Property:
22. Sufficiently in advance of the execution of public or private works that may endanger cultural property, detailed studies should be carried out to determine:
a. The measures to be taken to conserve important cultural property in situ; b. The extent of the necessary salvage works, such as the selection of the archaeological sites to be excavated, the buildings to be relocated, the movable cultural property to be saved, etc.
23. Measures aimed at conserving or saving cultural property should be taken sufficiently in advance of public or private works. In archaeologically or culturally important areas where there are major monuments, such as historical cities, towns, sites or quarters, which should be protected by the legislation of all countries, all new construction should be subject to compulsory preliminary archaeological excavations. If necessary, construction should be postponed to allow time for measures to conserve or save the cultural property concerned to be taken.
24. Important archaeological sites should be protected, through zoning (clasificación en zonas) or registration, taking into account prehistoric sites as they are difficult to identify, the historic quarters of urban or rural built-up areas, traditional groups, ethnological vestiges of past cultures and other immovable cultural property that might otherwise be endangered as a consequence of public or private works:
a. Archaeological reserves should be included in zones or registered and, where appropriate, give rise to real property acquisitions to permit deep excavations or the conservation of the vestiges discovered.
b. The historic quarters of urban or rural centres and traditional groups should be registered as areas of interest, and to protect their setting and character, appropriate provisions should be issued allowing, for example, the determination and decision on the extent to which buildings of historical or artistic importance may be altered and the nature and style of new constructions. The conservation of monuments should be an essential condition of any urbanization plan, especially where historic cities or districts are involved. Similar provisions should be issued regarding the surroundings and the setting of registered monuments and sites in order to conserve the whole of which they form part. Modifications to the rules and standards relating to new constructions should be permitted, which could be suspended in the case of construction in an area of historical interest. Outdoor commercial advertising by means of billboards and illuminated signs should be prohibited, although commercial establishments could be permitted to make themselves known by means of signs presented in a reasonable manner.
25. Member States should impose on any person who finds archaeological vestiges during public or private works the obligation to declare their discovery as soon as possible to the competent office. Said office would submit it to careful examination and, if the archaeological find proved important, the construction works should be suspended to allow complete excavations, with adequate indemnity or compensation for the delay thus caused.
26. Member States should issue provisions allowing national or local authorities or the appropriate bodies to purchase important cultural property endangered as a consequence of public or private works. If necessary, it should be possible to resort to expropriation.
Penalties:
27. Member States should take the necessary provisions so that violations, by act or omission, of the provisions aimed at conserving or saving cultural property endangered by public or private works are severely punished by their penal codes, which should provide for fines or imprisonment or both.
In addition, the following measures could be applied:
a. Whenever possible, restoration of the site or monument at the expense of those responsible for the damage caused; b. In the case of a chance archaeological find, indemnity payment for damages to the State when immovable cultural property has been damaged, destroyed or abandoned; confiscation without indemnity when movable property has been concealed.
Repairs:
28. Member States should take, when the character of the cultural property permits, the necessary provisions aimed at repairing, restoring or reconstructing cultural property damaged by public or private works. They should also foresee the possibility of obliging local authorities and private owners of important cultural property to repair or restore it, with technical and economic assistance where necessary.
Rewards:
29. Member States should encourage individuals, associations and municipalities to participate in programmes for the protection or conservation of cultural property endangered by the execution of public or private works. Among other measures, the following could be taken:
a. Making payments by way of gratification to persons who report archaeological discoveries or deliver the objects discovered:
b. Issuing certificates, awarding medals or other forms of recognition to persons, including those performing