الحماية القانونية للموروث الثقافي في فلسطين
Date
2020-02-03
Authors
وجيهة ربحي عبد الغفار طهبوب
Wajeeha Ribhi Abd Al Gafar Tahboub
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Publisher
Al-Quds University
Abstract
The cultural heritage, in both its material and moral aspects, is a link between the past and the future of peoples, as it is a source of pride and pride for nations, as it is a living proof of the nobility and authenticity of peoples. Whereas, the material aspect of it includes: ancient architectural buildings, archaeological collections, trees, industries, coins, etc. The moral aspect includes popular beliefs and cultures of marriage, death, birth, popular songs, proverbs, tales, and others. It represents the identity of societies that must be protected in various legal ways and means. When the cultural heritage was Palestinian, my legal letters were transformed into poetry, we will organize it as a people and a state and weave a scarf of protection that our country wears for eternal clothing, which protects it from the volatility of political and economic chapters.
Despite the political ages that have ruled over Palestine, none of them posed a clear and public threat, and the Israeli occupation, which since 1948 AD has depleted the Palestinian cultural heritage through formal and unofficial means and tried to attribute each material and moral asset to them, are people searching for a homeland and a history. Since we are fighting the state’s battle, and because the cultural heritage represents the most important areas of this conflict, it is a means by which the occupation tries to publish and promote its historical narration, the legislator and the decision-maker must put all legal and procedural measures in order to protect the Palestinian heritage, which is the best of those who recognize and prove the right of the Palestinian people to their lands The fact that the conflict is a struggle of identity and existence.
Depending on the fact that the cultural heritage was originally an intellectual product inherited by the people, it must be protected as an intellectual property right, in both its material and moral aspects, in which the international community showed great interest.
The study found that the moral right of the author, and fixed or movable cultural property is a heritage if its history dates back to before 1917 or thereafter provided that it is achieved in those properties (i.e. those after 1917) cultural importance such as historical, rare, aesthetic, artistic and social value Scientific, religious, architectural, spiritual, symbolic, representative and interactive cultural heritage for future generations, or an economic importance that has a link to cultural heritage or a natural importance.
And Resolution Decree No. 11 of 2018 stated that archaeological sites and monuments (monuments), historical areas, individual buildings and the cultural scene must be protected. Article (14) obligated the holder of the heritage to technical standards set by the Ministry to preserve the heritage.
Decision of Law No. 11 of 2018 prohibiting the heritage holder from obliterating, distorting, sabotaging, altering, destroying, or affecting any heritage item, or even removing, moving, or
transferring any component of the heritage, or dumping waste and waste at the heritage site or selling Or buying or trading any material extracted from the fixed heritage, or carrying out excavations or digging in search of gold burials or others.
The law prohibits trafficking in Palestinian and foreign movable heritage to and from Palestine, including smuggling antiquities.
International, Arab and Islamic organizations have worked to protect the cultural heritage, both material and moral, through the laws and regulations that they have enacted for this purpose.
Through the results of the current study, the researcher recommended the necessity of working on the registration of antiquities and cultural property in order not to become permissible money, because the state cannot prove what is in its possession without registering it, which is a necessary legal procedure. And work to strengthen cooperation with the Ministry of Antiquities, to monitor Israeli practices towards destroying archaeological sites by building settlements on them, or bulldozing and vandalizing them, or digging, plundering, documenting, publishing and exposing them, because Palestinian history is documented by Palestinian heritage and not a science taught in a theoretical book only, and a detailed list of cultural heritage sites It is the natural value of Palestine, protecting the cultural and civilizational heritage and caring for it through material and moral support, supporting and encouraging creative initiatives, and enabling the Palestinian people to benefit from and participate in culture.
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Citation
طهبوب، وجيهة ربحي. (2020). الحماية القانونية للموروث الثقافي في فلسطين [رسالة ماجستير منشورة،
جامعة القدس، فلسطين]. المستودع الرقمي لجامعة القدس. https://arab-scholars.com/2e6f81