Conventions on Cultural Property

EDUCATION AND RECREATION SELECT COMMITTEE
27 February 2001
CONVENTIONS DEALING WITH CULTURAL PROPERTY

Minutes Compiled by: Ms Jillian Pillay (Committee Secretary: Select Committee on Education and Recreation)

Chairperson: Mr D M Kgware

The following person was in attendance: Mr Vusithemba Ndima, Director: Department of Arts, Culture, Science and Technology.

The Chairperson welcomed members and members of the public. He introduced Mr P H Sogoni who has recently been appointed as a member to this Committee. He also introduced Ms Jillian Pillay as the new Committee Secretary.

Mr Ndima briefed the Committee on the Convention of the Protection of Cultural Property in the event of Armed Conflict.

He explained that this Convention was prepared after World War Two with the aim of preventing the loss of destruction of the world's cultural heritage in the event of an armed conflict. As a member, South Africa would be assured that its cultural property and heritage resources would be protected.

Mr Ndima stated that the Convention undertakes to prohibit and prevent any form of theft or vandalism against cultural property. He also added that provision is also made for special protection of cultural property of great value and for the refugees that intend to shelter it and keep it safe.

Regarding the Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property, Mr Ndima explained that the Convention was introduced in 1970. This was due to a number of stolen or illegally exported works of art appearing on the international art market. This was viewed as depriving many countries of their cultural heritage. He indicated that South Africa and many other countries do not have the necessary networks to recover property.

Mr Ndima stressed that the countries party to this Convention undertake to adopt the necessary measures:

In preventing museums within their territories from acquiring cultural property which has been illegally exported.

Preventing the import of cultural property stolen from a museum or a public institution after entering into the Convention.

At the state of origin, to recover and return any such property that has been stolen and imported.

The Committee was also briefed on the International Centre for the Study of the Preservation and Restoration of Cultural Property (ICCROM).

This is an intergovernmental organisation with the main aim of creating and improving conditions in order to conserve cultural resources worldwide.

He explained that ICCROM's programme has five inter-related statutory functions and they are as follows:
Documentation and Information
Research
Consultancy and Co-operation
Training and Education
Promotion of Awareness

Mr Ndima indicated that if South Africa agrees to become a member it would be great exposure for the younger generations of South Africa.

Further, nationals from South Africa could be included in the ICCROM courses, training programmes, partnerships and regional courses.

The Chairperson requested members to ask questions of clarification.

Mr Tlhagale wanted to know what was South Africa's position prior 1994?

Mr Ndima explained that due to the cultural boycotts South Africa was not a member of UNESCO and as a result was not party to any Conventions.

Ms Nkuna asked if there are any mechanisms in place to promote the diverse cultures of South Africa, as we are being totally absorbed into "western culture"?

Mr Ndima indicated that the Department of Arts, Culture, Science and Technology is working extremely hard to ensure that South African heritage is protected in its entirety.

He cited the example of indigenous music. Many programmes are in place to collect, preserve, promote and develop indigenous music across the ethnic spectrum.

It is envisaged that it should be studied in schools; as a result the Department is working very closely with the Department of Education.

Mr Ndima said that the Department is determined to protect the "living treasures" in South Africa with a hope of instilling pride in all South Africans.

Ms Madlala sought clarification as to whether the Conventions include craftwork. Ms Nkuna added if there was any protection for South Africans who were involved in making crafts for overseas countries.

Mr Ndima explained that people do have the right to sell crafts. He added that there is a strategy in place called the "Cultural Industries Growth Strategy" that deals with issues of exploitation. However, these Conventions cover theft and vandalism.

Mr Kgware moved: That the Report of the Select Committee on Education and Recreation on the Protection of Cultural Property Convention, dated 27 February 2001 as follows:

The Select Committee on Education and Recreation, having considered the request for approval by Parliament of the Convention for the Protection of Cultural Property in the event of Armed Conflict (the Hague Convention) with regulations for the execution and coverence resolutions, 14 May 1954, referred to it, recommends that the Council, in terms of section 231(2) of the Constitution, approve the said Convention. Report to be considered.

Agreed to.

Mr Kgware moved: That the Report of the Select Committee on Education and Recreation on the Cultural Property (Illicit Transfer) Convention, dated 27 February 2001 as follows:

The Select Committee on Education and Recreation, having considered the request for approval by Parliament of the Convention to the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property, referred to it, recommends that the Council, in terms of section 231(2) of the Constitution, approve the said Convention. Report to be considered.

Agreed to.

Mr Kgware moved: That the Report of the Select Committee on Education and Recreation on the ICCROM Statutes, dated 27 February 2001 as follows:

The Select Committee on Education and Recreation, having considered the request for approval by Parliament of the Statutes of the International Centre for the Study of the Preservation and Restoration of Cultural Property (ICCROM), referred to it, recommends that the Council, in terms of section 231(2) of the Constitution, approve the said Statutes. Report to be considered.

Agreed to.

The Chairperson thanked Mr Ndima for his input and members for attending. He reminded members that their attendance at the Ministerial Recognition Awards for Schools on 28 February 2001 was important.

The Committee adjourned at 15:45.

Present:
Eastern Cape
Mr P H Sogoni

Free State
Ms S N Ntlabati

Gauteng
Ms L Jacobus
Ms M Madlala (Special Delegate)

Kwazulu - Natal
Prince B Z Zulu

Northern Cape
Mr D M Kgware (Chairperson)

Northern Province
Ms C Nkuna

North -West
Mr J O Tlhagale

Apologies were received from Mrs E C Gouws; Mr L Suka; Mr N M Raju and Mr B J Mkhaliphi.