COMMITTEE FOR THE PROTECTION OF CULTURAL PROPERTY IN THE EVENT OF ARMED CONFLICT

Transcription

1 CLT-11/CONF/211/4 Paris, 6 September 2011 Original: English UNITED NATIONS EDUCATIONAL, SCIENTIFIC AND CULTURAL ORGANIZATION COMMITTEE FOR THE PROTECTION OF CULTURAL PROPERTY IN THE EVENT OF ARMED CONFLICT Sixth Meeting Paris, UNESCO Headquarters, Rm XII December 2011 Item 6 f the Prvisinal Agenda: Infrmatin Analysis and Feasibility Study Regarding the Vluntary Infrmatin Exchange f Measures fr Implementing the Secnd Prtcl

2 2 Intrductin 1. The fifth meeting f the Cmmittee fr the Prtectin f Cultural Prperty in the Event f Armed Cnflict (the Cmmittee ), after cnsidering Item 9 f the Agenda, dcument CLT- 10/CONF/204/6, Cnsideratin f a prpsal cncerning a database, decided t request the Secretariat t undertake an infrmatin analysis and feasibility study fr a pssible database fr the vluntary exchange f infrmatin by the Parties cncerning legislatin, jurisprudence r ther matters relevant t the implementatin f the Secnd Prtcl. 2. A database fr the vluntary exchange f infrmatin was discussed at the third meeting f the Cmmittee (UNESCO Headquarters, 4-6 June 2008) when cnsidering Chapter V f the Guidelines (Mnitring the Implementatin f the Secnd Prtcl) and in particular paragraph 104 f these Guidelines. It was decided that this database wuld be separate frm peridic reprting respnsibilities, and it was emphasized in the reprt that this netwrk ught t be an evlving, dynamic database that culd be imprved ver time and funded by extra-budgetary cntributins. As part f this discussin, the Assistant-Directr fr Culture emphasized that the UNESCO Database f Natinal Cultural Heritage Laws 1 relied entirely n extrabudgetary funding frm the United States (US$ 239,600, ) and that the Secretariat was nt in a psitin t maintain it withut additinal financial and human resurces. This situatin has nt changed. 3. This dcument will prvide an verview f the Infrmatin Analysis and Feasibility Study undertaken by the Secretariat, including an analysis f ptins t ptimize the vluntary exchange f infrmatin amng Parties. Overview f existing UNESCO relevant databases f cultural heritage The UNESCO Database f Natinal Cultural Heritage Laws (hereafter, the Natlaws database ) 4. This database was apprved by the UNESCO General Cnference during its 32 nd sessin in 2003, fllwing the 12 th sessin f the Intergvernmental Cmmittee fr Prmting the Return f Cultural Prperty t its Cuntries f Origin r its Restitutin in case f Illicit Apprpriatin, and the meeting f the States party t the 1970 Cnventin during the same year. Under a funds-in-trust agreement, the United States Department f State has made available US$ 557,695 in ttal funding fr its creatin, maintenance, human resurces, and fr funding the translatin f legislatin and ther legal texts (int ne f the six fficial UN languages, with a preference fr English). The UNESCO databases fr the 2003 and 2005 Cnventins 5. The 2003 Cnventin fr the Safeguarding f the Intangible Cultural Heritage ( 2003 Cnventin ) required the develpment f ne database cntaining the fllwing infrmatin: the Representative List f the Intangible Cultural Heritage f Humanity, the List f Intangible Cultural Heritage in Need f Urgent Safeguarding, the register f best practices and 1

3 3 internatinal assistance. 2 The Secretariat f the 2005 Cnventin n the Prtectin and Prmtin f the Diversity f Cultural Expressins, which is als part f the Culture Sectr, is currently in the prcess f seeking extra-budgetary funds fr the creatin f a database fr the latter cnventin, as stipulated in its peratinal guidelines n infrmatin sharing and transparency. The database f the 2003 Cnventin has been develped internally by IT prfessinals wh were specifically hired n a temprary basis (i.e. nt UNESCO staff members) t develp and manage it. The plans fr the 2005 Cnventin initiative shuld be based n the same apprach. Summary f Infrmatin Analysis and Feasibility Study Cntent f a Vluntary Infrmatin Exchange Database 6. The summary f the peridic reprts n the implementatin f the Hague Cnventin and its tw Prtcls, prduced by the Secretariat, is currently the nly methd f infrmatin exchange amng Parties apart frm any vluntary direct cntact. 7. T cmplement this infrmatin exchange, the Vluntary Infrmatin Exchange Database (hereafter Database ) culd cntain pertinent infrmatin regarding the natinal implementatin f the Secnd Prtcl, including peridic reprts, military regulatins, natinal legislatin, judgements, fcal pints fr all fficial dcuments and crrespndence n the natinal implementatin f the Secnd Prtcl, educatinal prgrammes and similar infrmatin. 8. If the Database is created, the vlume f infrmatin received during the first few years is likely t be sparse. Fr example, the submissin f the kinds f infrmatin in the freging paragraph may take lnger than expected r the infrmatin may nt be available. It is expected that there will be a certain time perid during which the Database wuld be built, including the time fr the Secretariat t slicit infrmatin frm Parties and then pst it nline. Alternative ways f sharing infrmatin are discussed in paragraphs 26-30, belw. These methds may be used in cnjunctin with, r even instead f, the Database. Users and Benefits t Users 9. This Database culd be used by Parties, nn-parties, the Secretariat, cncerned intergvernmental and nn-gvernmental rganizatins, civil servants, the military, cultural heritage prfessinals, schlars, students and ther individuals interested in this subject matter. The main stakehlders in this database are Parties, and perhaps High Cntracting Parties preparing fr ratificatin f, accessin t, acceptance f, r apprval f the Secnd Prtcl. Creatin f the Database Technical parameters 10. The technical parameters f the Database shuld include preferred search methds, cntent and scpe. The natinal laws, regulatins and case law will be srted based n the prvisins f the 2

4 4 Secnd Prtcl they assist in implementing, rather than being displayed in chrnlgical rder. In particular, a search fr each article f the Secnd Prtcl will yield infrmatin n the ways it was implemented by Parties. This will enable cmparisn and facilitate the develpment f new laws by revealing practices in ther jurisdictins shuld a Party nt have implemented that individual clause yet. Cnsideratins regarding the external develpment f the Database 11. External develpment f the database begins with a lengthy bidding prcess and then invlves several cmplicatins and ptential additinal csts. Althugh UNESCO may be able t cntrl the quality f candidates thrugh a required pen bid, the bidding prcess invlves lengthy prcedures, cnsultatin with internal prfessinals, the request f three estimates frm external cmpanies, and the review f such estimates. This may result in cnsiderable csts and delays. 12. Further, wrking and cmmunicating with an external cntractr is harder and mre expensive than with an inside develper. Fr example, UNESCO may be charged fr every n-site visit, including travel csts. Hwever, UNESCO may mnitr cntractual cmpliance because payments t an utside cntractr are made when the wrk under the cntract has been cmpleted. 13. Other issues t cnsider include the security f the data if it is managed externally; use f technlgies that may be different frm thse used by UNESCO; the need t create new cntracts fr any change t the Database; ptential legal liabilities; and human resurce csts (apprximately US$ 106,000 based n the Natlaws database experience). Cnsideratins regarding the in-huse develpment f the Database 14. The in-huse develpment f a database replaces the bidding prcess with the recruitment f an IT prfessinal wh wuld develp and subsequently manage the database internally. There are currently n freseen prblems as t capacity, hsting/strage f infrmatin, r cmpatibility f technlgies. Fr the lists created fr the 2003 Cnventin, the hiring f an external develper resulted in several prblems that finally led t hiring an internal IT prfessinal. 15. As part f this plan, an internal develper will be wrking in-huse and therefre be in cntinuus cntact with the UNESCO sectin that hired him r her. This will imprve cmmunicatin and allw the develper t better understand the needs and the bjectives f the creatin f the Database; hwever, the salary f the develper must be paid frm extrabudgetary resurces. Althugh current infrmatin technlgy prfessinals have the knwledge and expertise t create the Database, they are fully taken by their wrk and cannt als develp the Database. 16. Other issues t cnsider include the fact that an internal develper will use UNESCO s standard technlgy t design and perate webpages, facilitating ptential links with ther internal UNESCO webpages; all updates and changes t webpages will be included in the cst f the inhuse develper s cntract; and the csts based n anticipated needs t create the database fr the 2005 Cnventin as f 15 March 2011 were US$ 53,000.

5 5 Accessing public vs. private webpages f the Database 17. Similar t the system used by the Lists fr the 2003 Cnventin, it wuld be technically pssible t create a database that allws access rights t nn-public web pages, such that ne prtin wuld be available t the general public thrugh the internet, and ne r mre ther platfrms wuld be available privately t the Parties thrugh the internet by entering an administrative passwrd. 18. If a database that allws access t nn-public pages is cnsidered t be t expensive, the alternative way fr parties t submit infrmatin is by entering it in an interactive PDF frm that culd be available n the website f the database, r simply by submitting it via t the website administratr wh will verify the infrmatin and uplad it. In all scenaris, there is the need fr a persn in charge f verifying the submitted material. Synergy with ther UNESCO databases 19. Unfrtunately, the extensin f existing UNESCO databases funded by the regular budget is nt pssible since they are separated by administrative prcedures that allcate financial and human resurces t each prgramme. Further, each f the abve-mentined databases serves a particular purpse, with the aim f cllecting targeted infrmatin n a specialized subject and serving a specific audience. Fr example, the 2003 Database serves the 2003 Cnventin, which prvides infrmatin fr the Parties n infrmatin pertinent t intangible heritage. There are ccasins, hwever, where infrmatin may be relevant t mre than ne database. In these cases, and nly if the Database is created, links may be added between database webpages s that mutually relevant infrmatin can be easily crss-referenced nce it is published n any linked page. Advantages f creating the Database 20. The benefit f creating the Database wuld be t have a new tl t prvide up-t-date infrmatin n Parties implementatin measures n an nging basis. This Database may serve the fllwing imprtant ends: increase awareness f the Secnd Prtcl, the First Prtcl, and the 1954 Hague Cnventin; increase ratificatin f the Secnd Prtcl; encurage brader implementatin f the Secnd Prtcl by Parties Disadvantages f creating the Database 21. The disadvantages f creating the Database are the current lack f human and financial resurces t create and maintain it, and the time it wuld take t be fully peratinal given the uncertainty f whether enugh infrmatin culd be furnished t make it an efficient tl in the near future. 22. Related t general peratinal cmplicatins is the ability f Parties t submit natinal implementatin measures and legislatin in French r English. If the infrmatin submitted is nt in French r English, then translatin int ne f these languages - r translatin frm ne f these wrking languages t the ther - must be required at a natinal level. If this is nt financially pssible, then the extra-budgetary funding prcess used by the Natlaws database culd be a ptential mdel.

6 6 23. Further, there were initial difficulties in getting the translatin prcess started with the Natlaws database, and there has been unequal participatin in the translatin f laws. Fr example, it tk an average f 4 t 6 mnths t cnclude cntracts with natinal authrities due t internal issues that included identifying the entity that wuld translate the text. Cst Effectiveness 24. The Database will be effective nly if enugh infrmatin is submitted and the prject receives enugh extrabudgetary funding t be a useful and sustainable tl. It wuld be less cstly t create the Database internally. Extensin f an Existing Database 25. Unfrtunately, as mentined abve, the extensin f existing UNESCO databases funded by the regular budget is nt pssible since they are separated by administrative prcedures that allcate financial and human resurces t each prgramme. Alternative Ways t Make Infrmatin Available 26. If, as mentined abve, the infrmatin that wuld cmprise the Database is nt vluminus, then ther pssibilities fr infrmatin sharing may be explred. Optins may include inserting links n the Secnd Prtcl web page, such as links t the Internatinal Cmmittee f the Red Crss natinal implementatin database and t available published legal decisins. The benefit f using these links wuld be t allw Parties easy access t pertinent infrmatin regarding the Secnd Prtcl. It may nt, hwever, have the search capability fr issues specific t the natinal implementatin f the Secnd Prtcl. 27. Allwing fr the additin f PDF dcuments and/r links t caselaw culd prvide useful implementatin infrmatin that, in cnjunctin with the peridic reprt, may be sufficient t aid the exchange f infrmatin withut the cst and time f creating a new database. The drawback f simply prviding the infrmatin withut having real search capability is that users f the Secnd Prtcl website may have t extensively research available dcuments t be able t cmpare infrmatin. Advantages 28. This is the least expensive ptin given that the infrmatin can be maintained by existing UNESCO prfessinals. It may als prvide the needed platfrm t vluntarily exchange infrmatin until it is clear that enugh relevant infrmatin exists t create a database. Disadvantages 29. The main disadvantage with this ptin wuld be that it wuld be difficult t efficiently search fr specific infrmatin. Since it wuld nt be part f a database, a general keywrd search f the UNESCO website wuld generate ptins that ne wuld have t search thrugh fr relevance. It als may take time t uplad infrmatin nt the site.

7 7 Cst Effectiveness 30. The csts fr this ptin wuld be cvered by the existing regular budget and human resurces. There are n additinal freseen csts. Secretariat s cnclusins: 31. The Secretariat prpses t imprve the existing methd fr the vluntary exchange f infrmatin by updating the existing UNESCO webpages fr the Secnd Prtcl, as discussed abve. DRAFT DECISION 6.COM 4 The Cmmittee: 1. Recalling Reslutin 12 f the Third Meeting f the Parties requesting the Cmmittee t further cnsider the issue f a pssible database fr the vluntary exchange f infrmatin by the Parties cncerning legislatin, jurisprudence r ther matters relevant t the implementatin f the Secnd Prtcl; 2. Recalling Recmmendatin 9 f the Fifth Meeting f the Cmmittee, requesting the Secretariat t undertake an infrmatin analysis and feasibility study fr a pssible database fr the vluntary exchange f infrmatin by the Parties cncerning legislatin, jurisprudence r ther matters relevant t the implementatin f the Secnd Prtcl and t present the results f the infrmatin analysis and feasibility study (and recmmendatins) at its Sixth Meeting; 3. Having cnsidered dcument CLT-11/CONF/211/4 cncerning the Infrmatin Analysis and Feasibility Study Regarding the Vluntary Infrmatin Exchange f Measures fr Implementing the Secnd Prtcl t the Hague Cnventin f 1954 fr the Prtectin f Cultural Prperty in the Event f Armed Cnflict; 4. Thanking the Secretariat fr its wrk; 5. Requests the Secretariat t imprve the existing methd fr the vluntary exchange f infrmatin by updating the existing UNESCO webpages fr the Secnd Prtcl.