Introduction to the Cultural Heritage Issue

Chinese Law & Government ISSN: 0009-4609 (Print) 1944-7051 (Online) Journal homepage: http://www.tandfonline.com/loi/mclg20 Introduction to the Cultural Heritage Issue Jonathan S. Bell To cite this article: Jonathan S. Bell (2016) Introduction to the Cultural Heritage Issue, Chinese Law & Government, 48:3, 179-183, DOI: 10.1080/00094609.2016.1075346 To link to this article: http://dx.doi.org/10.1080/00094609.2016.1075346 Published online: 09 May 2016. Submit your article to this journal View related articles View Crossmark data Full Terms & Conditions of access and use can be found at http://www.tandfonline.com/action/journalInformation?journalCode=mclg20 Download by: [jonathan bell] Date: 10 May 2016, At: 21:36 CHINESE LAW AND GOVERNMENT 2016, VOL. 48, NO. 3, 179–183 http://dx.doi.org/10.1080/00094609.2016.1075346 INTRODUCTION Introduction to the Cultural Heritage Issue Jonathan S. Bell Downloaded by [jonathan bell] at 21:36 10 May 2016 Luskin School of Public Affairs, University of California–Los Angeles, Los Angeles, California China’s cultural landscape has changed profoundly and rapidly since political and economic reforms were first adopted at the end of the 1970s. Redevelopment of historic city centers and new development in the countryside that characterized this change have been rampant and have resulted in the loss of significant historic resources across the country. In decades prior, government-sanctioned destruction of cultural heritage sites and artifacts throughout the Cultural Revolution resulted in irreparable harm to the cultural and historical record. Since the reform era ushered in under Deng Xiaoping in 1978–79, modern China has made great efforts to enshrine in law the inventorying, protection, and management of its cultural heritage. The result is a wealth of national and local policy related to the care and curation of the country’s cultural and historical wealth, from ancient archaeological sites and sprawling imperial complexes to places of religious significance and unparalleled museum collections. In this issue, a selection of fourteen different government policy documents from the People’s Government at the national and municipal levels presents the breadth of cultural heritage rules and regulations. These policies and measures address not only the care and management of cultural heritage itself but also crucial indirect aspects of heritage preservation, such as the surrounding environment, professional training and qualifications, and the role of the public. More than simply providing legal requirements for protection, this body of sanctioned concepts and regulatory literature underpins the reestablishment of Chinese identity and an expression of political, cultural, and technological prowess. National law and regulations The first national law on cultural heritage, the Law of the People’s Republic of China on the Protection of Cultural Heritage1 (Cultural Heritage Law), enacted in 1982 and revised in 2002, has been interpreted as part of a postreform strategy to reestablish the legitimacy of the Chinese Communist Party “after dissension and trauma of the Cultural Revolution.”2 In addition to creating a national body, the State Administration of Cultural Heritage (SACH), within the Ministry of Culture to regulate the protection of cultural heritage, the law includes provisions on the protection, ownership, and care of historical and cultural heritage and establishes mechanisms for the designation of protected sites at national, provincial, and local levels. In keeping with the reform period momentum toward political and economic decentralization, the act encouraged regional and local governments to establish their own organizations for heritage management, overseen by the national entity. As the law of the land related to cultural heritage, the Cultural Heritage Law provides the inspiration and parameters for cultural heritage protection and management. However, © 2016 Taylor & Francis Downloaded by [jonathan bell] at 21:36 10 May 2016 180 CHINESE LAW AND GOVERNMENT additional policy and regulations are required to establish definitions and articulate procedures for specific aspects of cultural heritage management.3 The first document included in this issue, “Measures for the Administration of Cultural Heritage Conservation Interventions,” enacted by the Ministry of Culture in 2003 shortly after the revision of the Cultural Heritage Law in 2002, is one such response. The “Measures” provides definitions for immovable cultural heritage interventions and project components, and outlines the practical jurisdiction of SACH over such projects, as well as the legal entities sanctioned to practice cultural heritage conservation and management. The principal types of cultural heritage conservation interventions as defined within the “Measures” are: maintenance, emergency stabilization, treatment, construction of protective facilities, and relocation. Details of project requirements, such as design, implementation, monitoring, and reporting are outlined and the roles of relevant responsible parties identified. The document also underscores the need for postcompletion evaluation and testing, and correction of flaws. The “Detailed Rules for Implementing the Cultural Heritage Protection Law of the People’s Republic of China” was promulgated in 2005 amid rampant development and expansion within China’s urban centers and growing international concern for the state of cultural heritage environments and landscapes. In the same year, China hosted the Fifteenth General Assembly and Scientific Symposium of the International Council on Monuments and Sites (ICOMOS) in Xi’an, which resulted in the Xi’an Declaration on the Setting of Heritage Structures, Sites and Areas.4 In turn, the “Detailed Rules” elaborates the creation and enforcement of “construction control zones,” in which “no buildings … may be constructed that are incompatible with the ambience, styles, and features of the sites protected.” The document further sets forth clear procedures for the implementation and enforcement of the Cultural Heritage Law across agencies at every level of government for immovable and movable heritage. The jurisdiction of different cultural heritage entities is also discussed and guidance included for heritage sites situated within two or more different jurisdictions, including outlining specific cases that require direct supervision by SACH. Particular attention is paid to archaeological excavation and protection of archaeological sites in relation to construction, emphasizing that excavations must be completed prior to starting or, in the case of archaeological heritage discovered during construction, resuming construction work. “Detailed Rules” also addresses the care, ownership, storage, and illegal export of cultural artifacts, as well as penalties for infractions of the law involving cultural heritage. The question of qualifications for cultural heritage professionals and standardization of skills and experience is the subject of ongoing international debate. The “Measures for the Management of Qualifications for Cultural Heritage Conservation Project Engineering” was released by SACH in 2014 to provide guidelines for Chinese cultural heritage professional qualifications and ranking, as relates to immovable cultural heritage conservation. The result is a classification of conservation projects into three tiers with associated supervision by related levels of government, the identification of five specific categories of heritage sites, namely, (1) ancient cultural sites and ancient tombs, (2) ancient architectural structures, (3) cave temples and stone carvings, (4) important modern historical and representative modern structures, and (5) murals and painted sculpture. Two categories of professionals are established with distinct experience and responsibilities relevant to cultural heritage conservation. The final section of the document defines unlawful actions and relevant sanctions. CHINESE LAW AND GOVERNMENT 181 Although many policies and regulations regarding cultural heritage management integrate relevant provisions for punishment of careless or illegal activities, the “Provisional Regulations on the Procedures for Cultural Heritage Administrative Penalties,” promulgated in 2005 by the Ministry of Culture, focuses specifically on the administration of penalties. The regulations identify the Cultural Heritage Administrative Department of the State Council as the national body in charge of administrative penalty cases and sets forth procedures and fines for various infractions, as well as the hierarchy of penalty administration throughout the different levels of government. Downloaded by [jonathan bell] at 21:36 10 May 2016 World Heritage and public information The 1972 UNESCO Convention Concerning the Protection of the World Cultural and Natural Heritage established the World Heritage List and requirements for each country to identify and protect its cultural and natural heritage through its integration in regional planning and the establishment of relevant policy and resources toward that end. The “Regulations on the Examination and Management of World Cultural Heritage Application Projects,” released in 2011, sets forth the process for application and review of World Heritage nominations, highlighting the necessary review and approval at each level of government from local jurisdictions to SACH and the State Council for final approval. The “Administrative Measures for the Protection of World Cultural Heritage,” promulgated in 2006, articulates the responsibilities of management of World Heritage Sites and charges provincial governments with the protection of World Heritage, with the oversight of SACH. Perhaps most interesting in this document is the encouragement of public involvement in the protection of World Heritage as volunteers and the requirement for provinces to establish programs that include training and coordination of volunteers. The “Measures for the Administration of China’s World Cultural Heritage Monitoring and Inspections” was promulgated by the State Administration of Cultural Heritage in 2006 to elaborate the requirements for monitoring and inspection of World Heritage sites and assign responsibility for each of these activities. Cultural heritage policy provides an informative lens on multiple aspects of governance in China and increasing efforts to establish transparent government practices. Included here is the “State Administration of Cultural Heritage Freedom of Information Annual Work Report for 2013,” which highlights efforts at compliance with requirements for freedom of information related to cultural heritage. In addition to reporting on the volume of requests and responses over the year, the document presents future objectives to integrate the use of social media and raise awareness about access to public information, thus underscoring aspects of transparent governance currently promoted in China. Policy at the local level—Beijing The development and implementation of heritage policy in China are closely intertwined with the government’s structural changes that facilitated the loss of large swaths of historic urban neighborhoods in the twentieth century. Two phases of large-scale demolition and redevelopment in Beijing, in particular, correlate to the transition to a planned economy after the Communist takeover in 1949 and liberalization and decentralization policies that initiated the reform era in 1978–79. Beijing, as the home of the Chinese Communist Party Downloaded by [jonathan bell] at 21:36 10 May 2016 182 CHINESE LAW AND GOVERNMENT and seat of government, has often served as a testing ground for national policy, which is interpreted and administered through drafting and implementation of municipal regulations. Understanding the impact of national law and regulations requires consideration of local policy and its implementation. The current “Beijing Development Plan for Standardizing the Protection of Cultural Heritage (2014–2020)” outlines the needs and objectives for standardization of cultural heritage protection, including specific focus on fundamental standards for defining and identifying cultural heritage, implementing and enforcing existing rules and regulations, improving public service, strengthening emergency response, and promoting advanced technology. According to the document, standardizing different aspects of the profession can be leveraged to develop new techniques and methods, ultimately encouraging development of innovative and improved practices. The plan also calls for greater public participation in evaluation and implementation of standards. The “Beijing Municipality Regulations for the Management of Conservation and Construction Control Zones of Protected Cultural Heritage Entities,” first passed in 1987 and revised in 2007, outlines specific zoning tools used in and around specially designated cultural heritage sites to protect the character of the environment and surrounding landscape. The “Conservation Plan for Twenty-Five Beijing Old City Historical and Cultural Conservation Areas,” released in 2005, presents the boundaries of specially designated neighborhoods within the center of Beijing that benefit from protection and development control and represent 38 percent of Beijing’s Old City, the historic center of the city bound by the Second Ring Road. This document also presents invaluable information on land use, greenspaces, and the traditional Beijing alleyways or hutongs. Management and, ultimately, protection of these areas relies on the use of traditional courtyard houses as the smallest units of residential conservation and calls for lowering density across the Old City. The “Technical Guidelines for the Maintenance and Protection of Old Beijing Housing,” passed in 2007 by the Beijing Cultural Heritage Bureau, presents maintenance and renovation approaches required for nonheritage buildings, both traditional and modern, within the Old City and other protected areas. The document provides key definitions of the types and characteristics of nonheritage buildings and the physical treatments allowed, emphasizing the importance of approaches compatible with the character of the neighborhood. Like the national regulations on penalties, the “Beijing Municipal Measures for the Regulation of Discretionary Administrative Penalties Imposed by Cultural Heritage Administrative Departments,” implemented in 2010, sets forth specific criteria for penalties that include the severity of the act or crime against cultural heritage, the age of the perpetrator, and repeat offenses. Parameters for fines are also included. In contrast to administrative penalties, the “Notice of the Beijing Municipal Cultural Heritage Bureau on Standardizing the Application Procedures for Cultural Heritage Exhibitions Exiting and Entering China,” provides required procedures for permission to move and exhibit cultural heritage within the country or abroad. These requirements include creation and submission of copious hard copy and electronic documentation and also apply to non-Chinese heritage from abroad. Cultural heritage policy in China represents a broad spectrum of legal requirements, professional guidelines, and procedural documents that serve to formalize the practice and regulation of cultural heritage protection and management. Ongoing evolution and development of policy in response to innovation and emerging threats indicate that CHINESE LAW AND GOVERNMENT 183 Chinese lawmakers take seriously the protection of their heritage and the implementation of improved management practices. This apparent responsiveness will be vital to the survival of China’s impressive cultural heritage. Downloaded by [jonathan bell] at 21:36 10 May 2016 Notes 1. This law is not included in this issue as it is published in English by the People’s Republic of China and officially translated as the Law of the People’s Republic of China on the Protection of Cultural Relics. For the sake of consistency and in keeping with international and more recent Chinese practice, I have chosen to use the term “cultural heritage” for wenwu, rather than the antiquated, but still official in some contexts, “cultural relics.” See China State Administration for Cultural Heritage, 2002. Zhonghua Renmin Gongheguo Wenwu Baohufa (Law of the People’s Republic of China on the Protection of Cultural Relics). Beijing, China: Cultural Heritage Publishers. 2. Trevor H. B. Sofield and Fung Mei Sarah Li. 1998. “Tourism development and cultural policies in China.” Annals of Tourism Research 25(2), p. 370. 3. An important bilingual reference for the concepts and terminology related to immovable cultural heritage in China is the Principles for the Conservation of Heritage Sites in China, printed and approved by SACH in 2002. See http://www.getty.edu/conservation/publications_resources/ pdf_publications/heritage_ sites_china.html. 4. See http://www.international.icomos.org/xian2005/xian-declaration.htm.