Policy, legislation and funding for cultural and built heritage asset preservation in South East Europe
Submitting Institution
Northumbria University NewcastleUnit of Assessment
Architecture, Built Environment and PlanningSummary Impact Type
CulturalResearch Subject Area(s)
Built Environment and Design: Architecture
Summary of the impact
This research has had transformational impacts: systematically providing
evidence of the state of
cultural heritage policies concerning nine countries in South East Europe;
identifying the need for
management tools to integrate inventories, environmental and spatial
planning, heritage protection
and funding mechanisms for projects to enable sustainable use of heritage
resources; helping
shape a Council of Europe regional programme; creating the framework for
legal/administration
reform requests by the states concerned; and has led to technical
assistance actions, jointly
funded by the Council of Europe and the European Commission, including
monitoring to ensure
the institutionalisation of methodologies in national policies and
strategies.
Underpinning research
Professor Pickard has, for the last 20 years, been a technical consultant
to the Council of Europe
on cultural heritage issues, a member of its expert group, the Legislative
Support Task Force
(Cellule d'appui législatif — abbreviated as CAL) since 1997, and
its co-ordinator since 1998.
In 2003 the Regional Programme for Cultural and Natural Heritage in
South East Europe (RPSEE),
covering Albania, Bosnia and Herzegovina, Bulgaria, Croatia, Kosovo,
F.Y.R. Macedonia,
Montenegro, Romania and Serbia, was established with the aim of
contributing to peace and
reconciliation in a region undergoing complex political, legal, economic
and social transition. Its
principal components are:
- heritage rehabilitation within a sustainable local development
framework;
- creating an integrated approach to conservation, planning and
development issues;
- an Institutional Capacity Building Plan (ICBP) to effect this.
The CAL, led by Pickard, was commissioned to undertake research and
technical assistance
through the ICBP. Three research projects were carried out (commenced in
2004) by CAL
members Pickard and Goblet (Attachée, Région de Bruxelles-Capitale,
Belgium) through detailed
surveys on legal, policy and heritage management issues according to
standards established by
the Council of Europe conventions on Architectural Heritage (1985),
Archaeological Heritage
(1992) and Landscape (2000) (European Treaty Series nos. 121, 143 and
176).
These were directed to national authorities (ministries and relevant
institutions) responsible for
cultural heritage, environmental protection, sustainable development and
spatial planning in the
nine countries. The research outputs referenced in Section 3 effectively
record the analysis and
conclusions drawn from these projects and provided a platform for further
actions (References 1, 2
and 3).
The first project analysed the state of cultural heritage policies in
each country, recording the
significance of heritage assets, political strategy concerning the
management of heritage reflecting
transition from communist regimes, legislation, institutions, financing
and issues relating to ethnicity
(following the destruction of heritage and ethnic cleansing in the Balkan
wars). The second project
investigated the state of documentation (inventory) and the extent of
integration of heritage
protection in spatial and urban planning policies, as well as
authorisation, supervision and
enforcement procedures. The third project examined the state of progress
in developing and
implementing policies for sustainable development associated with heritage
assets
Issues arising from the research were considered at three international
seminars, involving senior
officials from the countries and invited international experts, chaired by
Pickard. From the debates
and contributions (including Pickard), the outcomes and recommendations
were finalised and
edited by Pickard for publication in 2008 (References 1, 2 and 3).
In parallel, between 1998 and 2008, Pickard investigated European and
North American best
practice mechanisms for funding the architectural heritage through
interviews with national, state
and provincial authorities, heritage organisations, building owners and
developers, case studies
and a literature review.
The summative results were published by the Council of Europe and now
form part of the
Reference Framework for the RPSEE (Reference 4), and reported
elsewhere (e.g. Reference 5).
Pickard also led the revision of Council of Europe guidelines for legal
and administrative reform in
the field of cultural heritage in 2010-11 to assist the RPSEE (Reference
6).
The research on which this case study focuses was carried out by
Professor R Pickard (joined
Northumbria 1983, with a career break from July 2010 to his re-joining in
2013), part of the Urban
Regeneration & Architectural Design Group during the period.
References to the research
Copies available from Northumbria University on request
1. Pickard, R. (2008) (Editor of book/author of parts) Analysis and
reform of cultural heritage
policies in South-East Europe, European Heritage Series, book
published by Council of Europe
Publishing, Strasbourg (ISBN 978-92-871-6265-6). REF 2 copies sent to
HEFCE.
2. Pickard, R. (2008) (Editor of book/author of parts) Integrated
management tools in the heritage
of South-East Europe, European Heritage Series, book published by
Council of Europe
Publishing, Strasbourg (ISNB 978-92-871-6264-9). REF 2 copies sent to
HEFCE.
3. Pickard, R. (2008) (Editor and /author of parts) Sustainable
Development Strategies in Europe,
book published by Council of Europe Publishing, Strasbourg (ISBN
978-92-871-6371-4). REF 2
copies sent to HEFCE.
4. Pickard, R. (2009/2010) Funding the architectural heritage: a
guide to policies and examples/
Financement Du Patrimoine Architectural: Politiques et Pratiques,
2009 in English /2010 in
French, book published by Council of Europe Publishing, Strasbourg, (ISBN
978-92-871-6498-8
English; ISBN 978-92-871-6815-3 French). REF 2 copies sent to HEFCE.
5. Pickard, R. (2010) `Funding mechanisms in Europe: a synthesis' and
`Synthesis of Debates',
Proceedings of a workshop on Heritage Economics and Conservation Funding
published
through the European Union's Euromed Heritage Programme 4 for
Strengthening the
institutional and legal framework with the Ministry of Culture,
General Directorate of Antiquities
and Museums, Syria, at pp. 55 - 88, (available at:
http://www.euromedheritage.net/euroshared/doc/100913%20Proceedings%20LEG_05.pdf)
6. Pickard, R. (2011) (Editor/author) Guidance on the development of
legislation and
administration systems in the field of Cultural Heritage, 2nd
edition/ Orientation pour le
développment de législations et de systémes de gestion du partrimoine
culturel, 2eme edition.
Book published by Council of Europe Publishing, Strasbourg (ISBN
978-92-871-6922-8
English; ISBN 978-92-871-6921-1 French) — available from HEI on request.
Details of the impact
The research has impacted upon the policies of the Council of Europe,
helping to shape its
regional programme and regulatory frameworks, and also on the associated
Balkan states
providing structure, guidance and advice to aid the rehabilitation of
their cultural heritage.
1. Impact on the research sponsor itself, the Council of Europe,
through its expert group, the
Legislative Support Task Force (CAL) (Source 1). This work (References
1, 2, 3, 4 and 6) has
made fundamental contributions to the direction of the European Regional
Programme for Cultural
and Natural Heritage in South East Europe (Source 2) through
influencing its Reference
Framework. (Sources 3 and 4). In view of this, the Council of
Europe has commended the work
for addressing:
"related problems of administrative organisation and...heritage
funding where this is linked to legal
and administrative protection mechanisms, as well as dissemination of
good practice, as illustrated
in the Reference Framework" (Sources 3 & 4)
The Reference Framework, in turn identifies the three books derived from
the international studies
(References 1-3), the research book on Funding the Architectural
Heritage (Reference 4) and
related guidance, the revision of which was co-ordinated by Pickard (Reference
6), and
encourages states to refer to these `in the process of drafting new laws
and policies' (Source 5).
2. The work (in particular References 1, 2 and 3) has
impacted on the legal and regulatory
frameworks of the countries in question. Real change has been effected
through enhancing
heritage conservation, improved cultural understanding and knowledge of
integrated conservation
mechanisms and rehabilitation processes. This has been recognised by
Council of Europe itself in
regarding the three international studies (References 1-3) as
having provided:
"...multilateral assistance for the benefit of the region" and that:
"Legal Assistance requests are
being formulated by different countries/regions on the basis of the
results..." (Sources 3, 4 and 6)
The work (principally References 2, 3 and 4) has provided an
important basis for legal and
institutional capacity building and rehabilitation projects relating to
Heritage in South East Europe
and has provided countries with a better basis for applications to the
European Union to secure
funding for rehabilitation projects. (Sources 1, 6, 7 and 8).
Robert Palmer, Director of Culture and
Cultural and Natural Heritage in the Council of Europe until 2012, has
stated that the three
European Heritage Series publications (References 1-3) constituted:
"...an important working basis for on-going and future projects in
South-East Europe as well as in
other priority regions of intervention for the Council of Europe". (Source
9).
Further actions have been taken by Pickard through the CAL to influence
heritage legal reform. He
assisted in the drafting of legislation which culminated in a new Cultural
Heritage Law (Law no.
02/L-88) being approved by the Assembly of Kosovo and the subsequent
approval of seven
associated Ministerial regulations in 2008. (Source 10)
3. Subsequent actions have taken place through the Ljubljana
Process (launched 2008; extended
2011) (Source 7), funded jointly by the Council of Europe/EU, to
highlight the role of heritage in
implementation of national development strategies and encourage the
development and funding of
rehabilitation projects. A process commenced in 2012 to establish Heritage
Assessment Reports
for each country to identify issues, obstacles and challenges to be
addressed in order to
consolidate the methodology and improve institutional capacity through
Action Plans. These were
developed by Pickard through a questionnaire with information gathered
from inter-ministerial
working groups specifically established, and confirmed through six
follow-up workshops (led by
Pickard between 2012-13). From Autumn 2013-14 monitoring action commenced
regarding the
implementation of identified priority actions, through a pool of experts
(Pickard responsible for
Bosnia and Herzegovina and FYR Macedonia).
`Funding the Architectural Heritage' (Reference 4) provided
evidence that the measures identified
in Council of Europe Recommendation R (91) 6, and adopted by the Committee
of Ministers on 11
April 1991, did indeed: "support the funding of the conservation of the
architectural heritage" as
they were intended to.
This delivered authoritative information on funding mechanisms/management
systems that
assisted the development of good practice and informed the updated
guidance produced by the
CAL expert group on legal and administration reform (Reference 6,
Source 1) and in the UK,
where the paper `Funding sources and strategies: Europe and beyond' was
presented at a
conference organised by the Institute of Historic Building Conservation,
the UK Association of
Preservation Trusts and Glasgow City Heritage Trust (Glasgow, 18 - 20 Nov.
2010) and published
in Context (the Journal of the Institute of Historic Building
Conservation), No. 118, March 2011 at
pp. 12-15 (ISSN 0958-2746). The book led to other internationally-invited
work and further
publications, including the discussion of funding mechanisms in relation
to the European
Commission's Euromed Heritage 4 Programme that supported reform
initiatives in non-European
Mediterranean countries. (Reference 5).
Sources to corroborate the impact
- Council of Europe: Legislative Support Task Force (CAL):
http://www.coe.int/t/dg4/cultureheritage/cooperation/SEE/ICBP/CAL_en.asp
- Council of Europe: Regional Programme on Cultural and Natural Heritage
in South East Europe
(RPSEE): http://www.coe.int/t/dg4/cultureheritage/cooperation/SEE/default_en.asp
- Council of Europe: South East Europe: Institutional Capacity Building
Plan (ICBP). Benefit
derived from the three European Heritage Series studies (Refs. 1, 2 and
3):
http://www.coe.int/t/dg4/cultureheritage/cooperation/SEE/ICBP/default_en.asp
- Testimony available from Secretariat, Managing Diversity Division,
Directorate of Democratic
Governance, Council of Europe.
- Council of Europe: South East Europe: Reference Framework, (Refs. 1,
2, 3, 4 and 6):
http://www.coe.int/t/dg4/cultureheritage/cooperation/SEE/ICBP/ReferenceFramework_en.asp
- Testimony available from Project Co-ordinator for Republic of Serbia,
Local Development Pilot
Project in the context of the Council of Europe's Regional Programme for
Cultural and Natural
Heritage in South East Europe.
- Council of Europe, South East Europe: Integrated Rehabilitation
Project Plan/Survey of the
Architectural and Archaeological Heritage and the Ljubljana
Process II, based upon the agreement
of the Ministers of Culture for S.E. Europe (6-7 November 2009)
available, respectively, at
http://www.coe.int/t/dg4/cultureheritage/cooperation/SEE/IRPPSAAH/default_en.asp,
and
http://www.coe.int/t/dg4/cultureheritage/cooperation/SEE/IRPPSAAH/LjubljanaProcessII_en.asp.
- Testimony available from Advisor on Cultural and Historical Heritage,
Sector for Identification,
Protection and Use of the Cultural Heritage, Ministry of Culture
- Palmer, R. (2008) `Foreword', in Pickard, R. (ed.) Sustainable
Development Strategies in
Europe, European Heritage Series, Council of Europe Publishing,
Strasbourg, at pp. 7 (Ref. 3).
- Republic of Kosovo: Annual Government Report 2008: Section 17.
Culture, Youth, Sports,
http://www.kryeministri-ks.net/repository/docs/ANNUAL_GOVERNMENT_REPORT_2008.pdf
at
pp. 157.