United
Nations
Educational,
Scientific
and Cultural
Organization
Special committee of government
experts to prepare a draft
convention
and a draft recommendation
to Member States
concerning the protection
of monuments,
groups of buildings
and sites
Unesco House, 4-22 April
Distribution:
1972
SHC.72/CONF.37/19
PARIS, 21 April 1972
Translated
from the French
limited
DRAFT REPORT
A. GENERAL
1.
A Committee
3.412,
of Government
adopted
(October-November
by the General
1970),
a draft
the cultural
and natural
2.
on the basis
convention
Member States
following
participants
Stockholm
of two organizations
representatives
of five
report.
for
the protection
of
the right
were
represented
to vote.
in the
Six other
by observers.
The
as observers:
of the United
Nations
responsible
sgstem,
one of
forpreparing
the
on the Environment;
of two other
list
by the Unesco
of Unesco took part
of the, SecPetariet
representatives
The complete
this
Conference
from 4 to 22 April
submitted
with
in the proceedings
whom is a representative
session
of mankind.
and two non-Member States
also took part
of resolution
sixteenth
recommendation
of 60 Member States
as chief
representatives
at its
of drafts
and a draft
heritage
The representatives
proceedings
Conference
in application
was held at Unesco House in Paris
1972 to examine and finalize,
Secretariat,
convened
Experts,
intergovernmental
international
of participants
organizations;
non-governmental
in the meeting
and
organizations.
is given
in Annex III
of
SHC.72/CONF.37/19
- page 2
3.
The secretariat
4.
In accordance
for
the meeting
was provided
&
of Une;3
by the Secretariat
4
&
$
4
;s"
3
with
the Committee
its
rules
appointed
of procedure,
Mr. Rafik
adopted
Said (Tunisia)
at its
first
meeting,q'
as President.
It
also
&
'
ci?
l? ri:
&$Y
Y
appointed
four
Vice-Presidents
(Canada),
Mrs. Suleiman
Rapporteur-General,
plenary
draft
instruments
to prepare
6.
the draft
In the course
meetings
to study
convention
of its
groups
the draft
- and a
respectively.
and two drafting
and the other-to
Convention
During
the draft
with
and 5
of these two
the proceedings,
committees,
prepare
and 46 draft
convention
The text
work the Committee was presented
amendments to the draft
Bennett
(Poland)
recommenda‘tion.
fn Annexes I and II
up two working
Mr. PH.
(Austria).
to study the draft
is given
(Brazil),
and Mr. W. Sieroszewski
held 22 plenary
meetings
the Comrrdttee-set
(Indonesia)
Mr. H. Foramitti
The Committee
5.
- Mr. Renato Soeiro
one committee
recommendation.
128 draft
amendments to the draft
Recommendation.
The Director-General
7.
tracing
Secretariat
itage
the background
Conference
between
that
heritage,
on the Environment
bring
heritage)
history
and emphasizing
and the natural
perhaps
of Unesco, Mr. Re& Maheu, opened the meeting.
themn.
particular
he stated
it
that
seemed that
consideration
invited
in the light
prepared
by the
both the cultural
her-
on the eve of the Stockholm
the regulations
of the question
enough and did not strike
He therefore
regulations
they had always covered
out the two aspects
clearly
of the draft
After
(cultural
a completely
the Committee
envisaged
to give
heritage
"did
and natural
satisfactory
this
not
balance
question
of the comments made by a number of Member
States.
8.
Before
the Committee
Algeria,
expressed
the Byelorussian
their
to take part
began its
regret
that
general
SSR, Iraq,
discussion,
Poland,
the German Democratic
in the work of the Committee
the delegations
the Ukranian
Republic
of
SSR and the USSR
had not been invited
and they asked that
their
statement
9
$3
q)
@A
<CG
I
*
’
@8
QA
; 9A*i$8O+
%. 8% s
*e $ 1 this
s1-~.72/com:37/~9~~~
effect
8
Q %
@+$ %. * 9.
Yi
P
be included
Following
of the Director-General,
the field
of the two proposed
the nature
procedure
for
Committee
appointed
Afghanistan,
Algeria,
take Into
February
heritages;
this
the Committee,
examination
as working
Working
The present
made to clarify
and to give
report
prepared
certain
a brief
or texts
debate,
it
subsequent
which
to the
had circulated
were accepted
of the draft
in
to the
of the cultural
draft
and the .Y
Convention
and proposed
proposed
the structure
by the Drafting
regarding
account
of its
finally
Committee,
the content
origin.
the
of
and natural
in principle
Convention
- an
- article
by article,
provisions
prepared
by Member States,
by
by the
in
of America.
follows
points
of this
the draft
priority
in each case, either
States
or international
the Chairman
Convention
examination
had meantime given
texts,
the United
Convention
draft
it
the inter-
Fund and the
from States
and these definitions
Group or the Secretariat,
particular
for
and new definitions
which then began its
scope
of Germany, the Netherlands,
Group I held two meetings,
structure
to which
Republic
of the draft
both a new structure
in particular
composed of the representatives
the comments received
Working
list
At the conclusion
a new structure
by the Secretariat
1972.
Committee
taking
account
on the
the respective
to the International
Group I,
took place
protection,
the USSR and, ex officio,
to propose
debate
a restricted
the Federal
States,
Rapporteur-General,
preparation
Brazil,
by the representative
instruments,
national
assistance.
Working
general
contemplated,
as regards
of contributions
its
the United
would
of the regulations
international
regulations
by the two draft
to be set up - bodies,
register,
Nigeria,
raised
instruments
machinery
of the draft
a wide ranging
of principle
of application
national
report.
on the presentation
main questions
10.
in this
page 3
adopted
in the draft
and an effort
of each article
has been
in this
SHC.72/CONF.37/19
- page 4
I.
DE3XNITIONS OF THl3 CULTURAL HERlTAGE AND OF THF, NATURAL HERITAGE
11.
In view
of the concern
expressed
the Director-General,
Convention to strike
heritage
the Committee
a better
and those relating
beginning
of the Draft
the keystone
Nigeria,
Spain,
throughout
the draft
heritage
relating
United
States:
These two provisions
Kingdom,
BrazlL,
United
Esrperts
Union for
(IUCN) participated
are so to speak
USSR and
heritage
the Conservation
in the discussions
consisting
Netherlands,
of America,
in the natural
at the
Group II,
France,
States
as by
to the cultural
which are defined
They were drawn up by Working
of the International
Resources
as well
between provisions
1 and 2.
the Rapporteur-General.
representative
Natural
in Articles
Member States
has tried
to the natural
of the following
Poland,
ex officio
balance
of the building.
of representatives
by several
and the
of Nature
of this
Working
and
Group.
ARTICLE 1
12.
The definition
of the cultural
- monuments,
ten written
submitted
Group II
the final
draft
orally
groups
heritage,
of buildings
or to the Drafting
version.
Others
is divided
and(cultural)
amendments and a great
in the course
which
sites
many proposals
of the discussion.
Committee,
were formally
three
- was the subject
for
Several
parts
of
amendments
were sent to Working
which took them into
adopted
into
account
in preparing
by the Cornmfttee,
in
particular:
an amendment seeking
of the cultural
to limit
heritage
the application
which are "of
two amendments extending
the field
sculpture
that
assets,
and painting",
on the one hand,
the other.
is,
of the Convention
outstanding
of application
to paintings
and to "inscriptions"
universal
value",
to works 'of
incorporated
to parts
and
monumental
in immovable
and "cave dwellings",
on
. .../. ~
SHC.72/CONl?.37/19
- page 5
ARTICLE 2
1.
The definition
13.
natural
A
referring
of the natural
features,
special
to 'areas',
formations
the draft
must be 'of
amendments related
this
,
case, too,
to the draft
several
universal
provision
into
in the text
in the Committee.
of an aesthetic
was likely
could
if
submitted,
However,
("natural
When
delineated".
covered
by the
draft
orally
in the course
Group II,
of the
which took them
to which only minor amendments were made
beauty")
to whole regions,
parts:
sites.
Seven written
to Working
to make the idea of the cultural
be applied
three
drawn up by the Working Group and in
some members pointed
criterion
heritage
value".
amendments were submitted
Most of them were forwarded
into
they must be "strictly
the natural
discussion.
account
that
heritage,
outstanding
is also divided
and areas and natural
specifies
As in the case of the cultural
Convention
heritagz
out that
to define
heritage
in their
view
a protected
too broad,
such as the C%e d'Azur
the use
natural
area
so that
it
in France.
ARTICLE 3
14.
This new provision
clear
properties
each State
situated
heritage,
cultural
that
on its
whether
sites
of architectural
Similarly,
site
constituting
State
Party
are part
must decide
is a natural
the habitat
whether
Lastly,
as for
may of course
this
provision
to delineate
regard
the part
of valuable
that
of its
it
or
the heading
and painting,
natural
etc.
heritage
or a natural
and threatened
anJmaI.s
is the duty of each State
limits
of buildings
a property
of buildings
formation
the topographical
example a group
or natural
groups
sculpture
means that
which
they come under
a geological
of species
to make it
is to determine
monuments,
whether
feature,
in order
of the cultural
constitute
these categories,
Party
to the Convention
to be protected,
Group II
works or of works of monumental
is in question
Party
territory
and, within
each State
etc.
by Working
Party to the Convention
these properties
that
and plants
was inserted
of the property
or a natural
is part
of its
site.
cultural
Each
heritage
.
f’
’
.‘.
,..
,
I
..
I
.a*
,..*,y<
SHC.72/CONF.3'7/19
or some part
- page 6
of its
natural
heritage
although
it
may not be considered
that
is,
it
may not be included
This
is stated
It
15.
explicitly
should
thus ensuring
apply
of applicability
reasons
impossible
natural
heritage.
II.
balance.
to apply
of the Convention
provided
for
3 on, the provisions
to the cultural
to both types
value,
-
in Article
12 (see below).
from Article
equally
universal
the purposes
in one of the two lists
that,
the desired
of outstanding
as such for
in Article
be noted
Convention
as being
heritage
and thenatural
There are no exceptions
of heritage,
a provision
except
either
of the draft
heritage,
to the principle
where it
is for
to the cultural
practical
heritage,
or the
NATIONAL PROTECTION AND INTERNATIONAL PROTECTION OF THE3CULTURAL AND
NATURAL HERITAGE
ARTICLE 4
16 .
Under this
chief
in the lists
provision,
responsibility
for
specified
responsible
conservation,
presentation,
The notions
of identification,
appear
these notions
instrument.
result
for
its
With regard
to the latter,
the actions
of investigation
it
heritage
L:included
on their
territory.
to future
presentation
time in the draft
generations.
and
Convention.
times in the course
and identification
All
of the draft
were added as a
amendments relating
be understood
They
protection,
conservation,
several
should
they bear the
and transmission
the first
of two written
that
identification,
protection,
of conservation
of the submission
situated
rehabilitation
or some of them recur
recognize
and natural
11 and2
ensuring
here for
The ideas
Parties
the cultural
in Article
are primarily
rehabilitation
the States
that
to Article
identification
4.
includes
and discovery,
ARTICLE 5
Some Member States
17.
protection
_’
raised
at the national
the question
level
should
whether
a provision
not be included
relating
in the
to
11.
SHC.72/CONF.37/19
Recommendation
I
1.
i
preferred
rather
than in the Convention.
a provision
national
protection
believed
that
national
level
be included
containing
should
a provision
no details
take.
with
The majority
stipulating
and specifying
Some delegations
that
regard
- page 7
would have
to the form that
of the Committee members, however,
protection
should
the best methods of ensuring
be afforded
at the
such protection
should
in the Convention.
The Committee
establishment
encourage
also added a provision
or development
scientific
of national
research
urging
States
or regional
in the fields
Parties
training
covered
to foster
centres
the
and to
by the Convention.
ARTICLE 6
While expressly
18.
rights
the States
heritage
to the cultural
Parties
included
universal
and that
level.
heritage
recognize
referred
situated
that
Parties
as the result
In similar
conditions
out their
assistance
to give
the cultural
also decided
that
States
the subject
and in-ternational
draft
it was decided
undertaking
on whose territory
The Committee
of a written
11, constitutes
also undertake
or natural
not to specify
Parties
would undertake
of provisions
assistance
relating
on
Parties
to provide,
to the resources
was
would
of the State
in question
provision
principle
by a delegation,
States
only on the request
in this
it
not to take any
amendment submitted
heritage
a
for
The latter
that
territory,
and natural
have responsibilities
to stipulate
help
property
on their
the cultural
to in Article
they consequently
States
and any existing
measures which might damage such heritage.
adopted
being
sovereignty
and natural
in the lists
the international
carry
their
to the Convention
heritage
deliberate
retaining
Party
is situated.
the type of
this
question
of the World Fund
measures.
AFtTICLE 7
19.
This
provision
establish
sets forth
the essential
a system of international
purpose
co-operation
of the Convention
designed
- to
to preserve
=.72/COM?.37/lg
becoming
to a certain
or sub-committees,
the natural
extent
institutionalized.
be established,
heritage,
one for
were similarly
with
regard
the cultural
rejected.
members of the Committee were anxious
that
FYoposals
Here,
to preserve
two committees,
heritage,
too,
- pa@;eg
the other
the majority
the unity
for
of
of the Convention
to these two types of heritage.
ARTICLE 9
24.
This provision
establishes
World Heritage
Ccmmittee,
two years.
will
Thus, while
be replaced
has reached
provisions
two years.
have been adopted
is laid
following
When the number of members of the Committee
the Committee
be replaced
in respect
the entry
down that
is composed of 15 members, 5 members
the Committee
21, seven members will
the six years
it
every
a system of rotation
for the members of the
..__."_
one third of which will be designated
every
into
the persons
must be qualified
every
two years.
Temporary
of the term of office
of members during
force- of the Convention.
Furthermore,
designated
in the field
by the States
Parties
of the cultural
z
to sit
on
natural
heritage.
ARTICLE 10
25.
This
its
freedom
provision
stipulates
EMes of Procedure
to consult
the course
of its
that
the World Heritage
and, furthermore,
public
or private
meetings
or apart
that
organizations
it
Committee
shall
shall
adopt
have complete
or individuals,
either
in
from them.
ARTICLE 11
26.
This
is one of the most important
assigns
to the World Heritage
a "World Heritage
heritage
value
a 'List
List"
of all
which the Committee
in terms of such criteria
of World Heritage
PrOViSiOIlS
Committee
as it
in Danger",
since
it
the task of establishing:
the properties
considers
of the Convention,
of the cultural
as having
shall
outstanding
be called
in which shall
and natural
universal
upon to establish;
appear
properties
-.
SHC.72/CUNF.37/19
"for
the conservations
Convention".
assistance
by serious
These two lists
international
lists
the latter
will
that
List"
it
before
.-
--A
.J.
- -__,
-
__.
__.__._
*.L
__-
.,/d’
.
-
without
.---
b..*u--->A..
and for
under the present
"as is
property
The inclusion
Party
appearing
in either
of a property
in these
concerned.
a property
Although
may be included
will
concerned
having
a request
by
in the "List
of
a property
in
be able to include
the State
and
requested
it,
but
consents.
to the establishment
every
effort
belonging
are necessary
kept up to date and distributed,
the Committee
Prior
property
_..
only such property
is to be used for
of the State
be necessary
the "World Heritage
28.
.^_
dangers".
or in both of them.
in Danger",
on condition
may include
are to be regularly
the consent
World Heritage
_
has been requested
and specific
assistance
lists
requires
,.
of which major-operations
This second list
threatened
one of these
:.
.-
- page 10
which international
27.
.
of these
lists,
the States
to submit to the World Heri+age
to the cultural
and natural
Parties
Committee
heritage
are to make
inventories
situated
of
in their
territory.
29.
The system which PXG just
lengthy
mitted
discussions
in writing.
heritage
and lists
on account
was adopted
of which eight
to establish
heritage
be deposited
The idea of taking
mainly
in the course
A proposal
and the natural
tories
been described
different
was not adopted.
at the future
steps to establish
of the difficulties
after
draft
a series
amendments were sub-
lists
for
the cultural
It was suggested
that
Unesco-ICOMOS documentation
an international
of a practical
of
inventory
nature
invencentre.
was abandoned,
that
this
would
entail.
ARTICLE 12
30.
The principle
the part
proposed
set forth
of the present
by one delegation
in this
report
in a draft
which woulu ~=vti a -- ---
Article
has already
which deals with
been referred
Article
amendment submitted
3.
in writing
to in
The principle
is
_.
SHC,72/CONFJj'/l9
from taking
the initiative
to the General
facilitate
regulations.
- page 18
Conference
the procedure
in submitting
of Unesco,
of revision
proposals
for
revision
Such a possibility
within
the framework
of the Convention
would be likely
of the relevant
to