Valletta Treaty
European Convention on the Protection of the Archaeological Heritage (Revised) | |
---|---|
Signed | 16 January 1992 |
Location | Valletta |
Effective | 25 May 1995 |
Condition | 4 ratifications |
Parties | 45[1] |
Depositary | Secretary General of the Council of Europe |
Language | English and French |
The Valletta Treaty (formally the European Convention on the Protection of the Archaeological Heritage (Revised), also known as the Malta Convention) is a multilateral treaty of the Council of Europe. The 1992 treaty aims to protect the European archaeological heritage "as a source of European collective memory and as an instrument for historical and scientific study". All remains and objects and any other traces of humankind from past times are considered to be elements of the archaeological heritage. The archaeological heritage shall include structures, constructions, groups of buildings, developed sites, moveable objects, monuments of other kinds as well as their context, whether situated on land or under water." (Art. 1)
The Valletta Convention is an international legally binding
It deals with the protection, preservation and scientific research of archaeological heritage in Europe. In particular, the revised Convention focuses on the problem of conservation of archaeological heritage in the face of development projects.[3] Other threats to the archaeological heritage are:
- Natural disasters
- Illicit and unscientific excavations
- Lack of public awareness
In accordance with the Preamble, objectives of the revised Convention are:
- To integrate the conservation and archaeological investigation of archaeological heritage in urban and regional planning policies;
- To establish a co-operation and consultation processes between archaeologists, and project developers;
- To set standards for funding and archaeological and conservational methods used in studying the “knowledge of the history of mankind”;
- To promote educational actions and public awareness of the necessity of the protection and investigation of archaeological heritage in Europe; and
- To foster international co-operation and joint action among all European countries in the field of archaeological resource management by means of developing and exchanging relevant scientific information, technologies and expertise.
Definition of the archaeological heritage
In Article 1[4] of the revised Convention archaeological heritage is defined. The article aims to emphasise the importance of both protection and scientific investigation of archaeological heritage as "a source of the European collective memory".
Considering the
An element of archaeological heritage is given if there is any trace of human existence of the past displaying an interaction with the natural environment and enhancing our knowledge of human history, which was discovered by archaeological techniques. Therefore, not only artefacts of an archaeological site are of value but "all remains and objects and any other traces of mankind". Furthermore, the article gives examples of elements that are included in its concept of archaeological heritage:
- Immovable objects: burialsetc.
- Movable objects: Sculptures, artefacts, etc.
- The context (land or sea)
Identification of the heritage and measures for protection
Article 2
States parties to the revised Convention shall:[2]
- “Institute a legal system for the protection of the archaeological heritage”, which shall contain the following provisions:
- “Maintain an inventory of its archaeological heritage and designate protected monuments and areas", which activities are allowed in a protected area are left to the States party;
- “Create archaeological reserves" designating excavationsare restricted and supervised by the relevant authorities; and
- Implement a "mandatory reporting to the competent authorities" for a finder of a "chance discovery of elements of the archaeological heritage".
Article 3
Whether on public or private land, each Party agrees to establish a certain
Integrated conservation of the archaeological heritage
Article 5
It is essential that "archaeologists, town and regional planners systematically consult one another" (Art. 5, para. iii) to modify development plans that may have an adverse effect on archaeological heritage (para. iv), saving a considerable amount of time and money. The consultation process can only be successful, if the State parties make "relevant
Though damage will be caused to some archaeological heritage, important projects are implemented anyway. In that case, emergency excavations should be carried out;[2] and it is necessary that States ensure "sufficient time and resources for an appropriate scientific study of the site" and the publication of its findings are allocated. Article 6 of the revised Convention gives details about the source of funds for archaeological research and rescue archaeology.
If excavation works discover elements of archaeological heritage during a project, Article 5, paragraph vii makes provisions for “conservation in situ when feasible". However, that paragraph does not say how this will be done. An option may be to excavate the site and conserve the remains with soil or a special covering afterwards, so that the construction can occur on top of it. The site and its elements are thus partially or fully available for potential investigations in the future.
Financing of archaeological research and conservation
States are required to arrange public, either on local, regional or national level,
Control of the application of the (revised) Convention
As compliance mechanism the Committee of Ministers of the Council of Europe set up a committee of experts to monitor the implementation and application of the revised Convention (Art. 13). This monitoring includes: periodic reports on the situation of archaeological heritage protection policies and the realisation of the Convention’s principles in the States (Art. 13, para. i). The reports and any other recommendations or proposals are directed to the Committee of Ministers of the Council of Europe. Furthermore, the committee of experts may propose measures to improve the implementation of the revised Convention by recommendations for
Signatures and ratifications
Every State party that is consent to be bound by an
- Signature
- Ratification/Acceptance/Approval
- Deposition of the Ratification Document
- Entry into Force
The European Convention on the Protection of the Archaeological Heritage (revised) is "open for signature by the member States of the Council of Europe and the other States party to the European Cultural Convention. It is subject to ratification, acceptance or approval" (Art. 14, para. 1).[2]
Before or simultaneously depositing the ratification to the revised Convention, the State party must denounce The European Convention on the Protection of the Archaeological Heritage of 1969 (Art. 14, para. 2).
The revised Convention shall enter into force six months after the date of the deposit of the instrument of ratification by any signatory State (Art. 14, para. 5). In the process of signing or ratifying the treaty, States may specify/limit the territory to which this revised Convention shall apply (Art. 16). Every State party can denounce the revised Convention by notification to the Secretary General of the Council of Europe (Art. 17).[2]
As of 2018, the convention has been ratified by 46 states, which includes 44 Council of Europe member states plus the Holy See. The last signatory to ratify the convention was Luxembourg in 2017. The two Council of Europe states that have not signed or ratified the convention are Iceland and Montenegro.
See also
- Archaeology
- Archaeological culture
- Archaeological field survey
- Council of Europe
- Cultural resources management
- Cultural Heritage Management
- ICOMOS
- Rescue archaeology
References
- ^ Chart of signatures and ratifications
- ^ a b c d e f g h i j "European Convention on the Protection of the Archaeological Heritage (Revised). Explanatory Report". CoE 1992. Retrieved 7 July 2012.
- ^ "Archaeological Heritage.The Council of Europe Initiatives and the Valletta Convention (1992)" (PDF). CoE 2002. Retrieved 7 July 2012.
- ^ "European Convention on the Protection of the Archaeological Heritage (Revised)". CoE 1992. Retrieved 7 July 2012.
- ^ "The ICAHM Charter. Charter for the Protection and Management of the Archaeological Heritage" (PDF). ICOMOS 1990. Retrieved 7 July 2012.