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Chapter 4.4.3 Cover Page The handle http://hdl.handle.net/1887/86288 holds various files of this Leiden University dissertation. Author: Jinadasa, U.N. Title: Changes in the cultural landscape and their impacts on heritage management : a study of Dutch Fort at Galle, Sri Lanka Issue Date: 2020-03-12 4. Institutional and Legal Framework The chapter focuses on the institutional and legal Constitution (1945), and were further empowered framework for the management of World Heritage by the Charter of the National Commissions for property, which is mainly handled by the state sector UNESCO (1978). with a top-to-bottom approach (Table 5). While it discusses the obligations of the state party according 4.1.2 THE CONVENTION CONCERNING THE to UNESCO, with special reference to the legal and PROTECTION OF THE WORLD CULTURAL administrative framework for the protection of Galle AND NATURAL HERITAGE, 1972 Fort, it also focuses on how this framework addresses other factors, including financial measures, research The World Heritage Convention is discussed and benefits to the lives of members of the fort separately in sub-chapter 2.2. According to Article community. 5 of the convention (1972), the obligations of the states parties for the protection, conservation and 4.1 INTERNATIONAL LEVEL: presentation of the World Heritage-listed properties INSTITUTIONS AND LAWS include the following: (a) to adopt a general policy which aims to give the 4.1.1 UNESCO AND THE ORIGIN OF THE cultural and natural heritage a function in the life of WORLD HERITAGE CONVENTION the community and to integrate the protection of that heritage into comprehensive planning programmes; UNESCO and the origin of the World Heritage (b) to set up within its territories, where such Convention were discussed in sub-chapter 2.2. services do not exist, one or more services for the Sri Lanka (then Ceylon) joined UNESCO on protection, conservation and presentation of the 14 November 1949.245 The country accepted the cultural and natural heritage with an appropriate Convention Concerning the Protection of World staff and possessing the means to discharge their Cultural and Natural Heritage (1972) on 6 June 1980, functions; and thus Sri Lanka is legally bound to follow the (c) to develop scientific and technical studies and convention. With the acceptance of the convention, research and to work out such operating methods the country is also responsible for following the as will make the State capable of counteracting the Operational Guidelines for the Implementation of dangers that threaten its cultural or natural heritage; the World Heritage Convention. (d) to take the appropriate legal, scientific, The Sri Lanka National Commission for UNESCO technical, administrative and financial measures (SLNCU), established in 1949 under the auspices of necessary for the identification, protection, the Ministry of Education, is the government arm conservation, presentation and rehabilitation of this tasked with implementing the UNESCO agenda in heritage; and Sri Lanka.246 National Commissions of UNESCO (e) to foster the establishment or development were established under Article VII of the UNESCO of national or regional centres for training in the protection, conservation and presentation of the 245 Available at http://www.unesco.org/new/en/unesco/ cultural and natural heritage and to encourage worldwide/asia-and-the-pacific/sri-lanka/ (accessed 16 July 2018). scientific research in this field. 246 Source: Sri Lanka National Commission for UNESCO, http://www.slncu.lk/index.php/joomla/featured-articles (accessed 16 July 2018). 98 4. INSTITUTIONAL AND LEGAL FRAMEWORK International Level World Heritage Committee, 1977 World Heritage Convention, 1972 World Heritage Centre, 1992 Operational Guidelines, 2017 (revised) Advisory Bodies to World Heritage Committee: Venice Charter, 1964; Washington Charter, ICOMOS (Soft Laws) 1987; Valetta Principles, 2011, etc. National Level (also functions within local level) Department of Archaeology, 1890 Antiquities Ordinance (9, 1940) [Key responsible agency] Antiquities (Amendment) Acts (2 & 22, 1955; 24,1998) Legislation Ceylon Government Gazette (14959, 1971) Urban Development Authority, 1978 Urban Development Authority Act (41, 1978) [Regulate building activities] and subsequent amendments Institution Special Regulations (Planning and Building), 2009 Central Cultural Fund,* 1980 Central Cultural Fund Act (57, 1980) Local Level Galle Heritage Foundation, 2004 [Limited Galle Heritage Foundation Act (7, 1994) management powers] Galle Heritage Planning Sub-Committee,** circa Special Regulations (Planning and Building), 1997 onwards 2009 Galle Municipal Council, 1866 Municipal Councils Ordinance (29, 1947) and subsequent amendments ** less less involvementinvolvement inin management;management; ** ** a acommittee committee with with the the representatives representatives from from national national-- and and local local-level-level institutions institutions TableTable 55 Key institutions and legislation involved in the management of Galle Fort. In addition, the states parties should not take Operational Guidelines are the process of inscribing any deliberate measures that might damage cultural properties on the World Heritage list, including the or natural heritage, according to Article 6.3 of the criteria for inscribing said properties; monitoring convention (1972). The convention provides direct the state of conservation of the inscribed properties; but limited monetary benefits to states parties for managing the World Heritage Fund; and securing safeguarding these properties, including the access international assistance. Increasing the consideration to the World Heritage Fund, emergency assistance, of the community in the context of the Operational technical assistance and indirect access to various Guidelines and the notion of World Heritage is other donors. The World Heritage recognition of discussed under sub-chapter 2.4.2 the Old Town of Galle resulted in positive monetary benefits, primarily generous funds from the Dutch 4.1.3 THE WORLD HERITAGE COMMITTEE government, as elaborated in sub-chapter 4.4.3. AND WORLD HERITAGE CENTRE The Operational Guidelines for the Implementation of the World Heritage Convention (hereafter also In terms of Article 8 of the World Heritage Convention referred to as “Operational Guidelines”), a document (1972), the World Heritage Committee (hereafter that is continuously revised in light of new concepts also referred to as “WHC”) is an intergovernmental and experiences, is developed by the World Heritage committee established within UNESCO for the Committee for the implementation of the World protection of the cultural and natural heritage of Heritage Convention.247 The highlights of the outstanding universal value. The WHC, which meets annually, consists of representatives from 21 states 247 Available at http://whc.unesco.org/en/guidelines/ (accessed 16 July 2018). 99 CHANGES IN THE CULTURAL LANDSCAPE AND THEIR IMPACTS ON HERITAGE MANAGEMENT parties to the convention.248 It established the Bureau centre are organizing the annual sessions of the World of the World Heritage Committee, which meets Heritage Committee and its Bureau; implementing the during the sessions of the committee as frequently as decisions of World Heritage Committee; providing deemed necessary and consists of seven states parties advice to states parties on the preparation of site elected annually by the committee.249 nominations; organizing international assistance The WHC decides which properties should be from the World Heritage Fund upon request; and inscribed on the World Heritage list and which should coordinating both the reporting on the condition of be removed from the World Heritage in Danger sites, and the emergency action undertaken when a list.250 According to Paragraph 169 of the Operational site is threatened.254 Guidelines (2017), the WHC examines the annual state of conservation (SOC) reports of inscribed 4.1.4 ADVISORY BODIES TO THE WORLD properties under threat, and ask the states parties HERITAGE COMMITTEE AND SOFT LAWS to take appropriate action when the properties are not being properly managed.251 The committee has In terms of the paragraphs 30 to 37 of the Operational expressed its concern over the intrusive development Guidelines (2017), the advisory bodies of the WHC projects in the buffer zone of Galle Fort, namely consist of the ICCROM, ICOMOS and IUCN, which the Galle International Cricket Stadium and Galle mainly leverage their expertise to provide advice on Harbour Development Project, which are discussed implementing the convention.255 Among these three, separately under sub-chapters 7.7.2 and 7.7.3. In ICOMOS (International Council of Monuments and addition, the annual decisions of the WHC related Sites), a non-governmental organization founded to the Old Town of Galle are analysed under sub- in 1965 and whose work is based on the Venice chapter 4.5.5. The WHC also defines the World Charter (International Charter for the Conservation Heritage Fund and allocates financial assistance on and Restoration of Monuments and Sites, 1964), is request from states parties. the most influential on Galle Fort. The Report of the Established in 1992, the World Heritage Centre is ICOMOS Monitoring Mission to Dambulla, Kandy the focal point of and coordinator within UNESCO and Galle, Sri Lanka in 1998256 was the first influential for all matters related to World Heritage.252 policy document that recommended the state party to According to the Operational
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