Unimed Cultural Heritage II

The Cultural Heritage Legislation in Egypt

Dr. Shawki Mehani Nakhla

Mr. Sobhi Beshai

Mr. Amr Mahmoud

National researcher’s team – Supreme Council of Antiquities

Introduction

Analysis

Juridical bases

Laws

I- Introduction

Le service des antiquités d’Egypte was established in 1859 belonging to the ministry of public works. Later on, it belonged to the ministries of: Information, national Guidance, Education and since 1960, it became a part of the ministry of culture. Le service des antiquités was transformed in 1971 into the Egyptian Antiquities Organization EAO (presidential decree 2828/1971) having its own president and belonging to the ministry of culture.

The EAO was then transformed by the decree 82/1994 into the supreme council of Antiquities SCA belonging to the ministry of culture and its president is the minister himself.

In 1997, the ministry of Environment took the responsibility of the preservation of Natural Reserves in Egypt.

 

II- Administration

 

The public law 117/1983 is the only and principal law that assigns power to the central and public offices concerned with the different cultural Heritage categories in Egypt and which belong to the following juridical sectors of SCA:

-      Prehistoric, Ancient Egyptian and Graeco- Roman Sector (all sites allover Egypt).

-      Islamic and coptic sector (all monuments and sites in Egypt).

-       Museums sector (all central and local museums).

-     Technical affairs (Architecture, Restoration, Engineering) sector for all Antiquities.

-      Funding sector.

 

All listed private collections are also covered by this law and no private law exists in Egypt.

 

According to the law 117, the term antiquity is applied to any building or movable object resulting from the different civilizations that span the totality of the Egyptian History (reflecting human, artistic, technical, military, religious aspects) and of more than one hundred years old.

However, a building or a movable object of great cultural value could be listed a national Heritage regardless its age by a decree of prime minister after the presentation of a specialized report to the permanent committee of the sector concerned and the approval of the committee and the minister of culture. Private owners of listed antiquities are responsible for their preservation.

Listed mosques and churches in service and their collections are under the control of Islamic and coptic sector.

Moreover, Egypt had adhered to the UNESCO convention, 1970 concerning the banning of illegal import and export of cultural property (presidential decree 114/1973).

The permanent committees of Egyptian antiquities, Islamic and coptic antiquities as well as the board of trustees of museums are responsible for studying the problems of antiquities, urban and habitation problems and foreign missions undergoing excavations by applying the law 117 and are supported by the police of antiquities and the central police authorities. Places of environmental interest are covered by the ministry of environment.

Inventories of antiquities in sites and museums are accomplished by two centers of Documentation, for Egyptian antiquities and for Islamic and coptic antiquities through the Information center of SCA (computer) and by the collaboration with the center of Information and Decision making of the Ministries council.

Documentation sheets are diffused and filled by local authorities together with photos and inventory exists only on administrative and scientific level; juridical intervention takes place only in case of illegal traffic. Inventories are now done by electronic data base systems and some data are already available (Egyptian Museum, .. etc)

Restoration and enhancement of Egyptian cultural Heritage is essentially funded by public funds: the fees of entrance of archaeological sites, museums, exhibitions… etc which are spontaneously transferred to the funding sector pool and by the agreement of the ministries of planning and finance, funds are allocated to the different sectors.

Together with public funds, there are international donations e.g. salvage of Nubia Monuments by the UNESCO in the sixties (26 million dollars) and Nefertari tomb by Getty (1 million dollar) foreign missions are asked by the law 117 to undergo restoration for their findings.

Fiscal facilities are now on the way and so private associations start now to contribute for the enhancement of National Heritage,

e.g.: NEHRA (National Egyptian Heritage Revival association officially recognized and published under the code 4612/ March 2, 1999 and having funds from industrial and Business men is already involved in many coptic sites for the celebration of he holy family trail in Egypt and their works are done by the approval and control of SCA authorities.

 

III- Training and Formation

The following establishments and centers are concerned with the preservation and enhancement of cultural Heritage:

-      Medinet Nasr, Cairo, technical secondary school for restoration: technicians for restoration and Heritage skills; wood, metals, gesso works….etc

-    Luxor technical institute for restoration: 2 years after secondary school certificate: Assistant restorer.

-    Faculty of Archaeology, Department of restoration, Cairo University and Fayoum Univ.; Menia Univ., Faculty of fine arts, giving B.A. in restoration and conservation as well Master and Ph. D degrees. In the University of Alexandria, faculty of Arts, Graeco- Romon department, fourth year, a course on applied restoration is allowed for students.

-       A Heritage skills center belonging to SCA in El Rifai Mosque deals with wood works, gesso, marble arabesque, incrustation, glass … etc.

-       Local workshops in Egyptian, Islamic al coptic sites having labors of caliber.

 

Juridical bases:

Introduction

Analysis

Laws

 

Categories and Components of Cultural Heritage

What are the juridical definitions of cultural heritage and the laws regulating the safeguard of each branch of cultural heritage

I-1: Regulations for the protection of Antiquities.

 

Juridical base:

High order, from Mohamed Ali, (August,15,1835), Abdine palace archives no. 316 Maia turc-page 175).

-Antoine Khater, IFAO, (Bull.de la Soc. de Géographie de France, 1836 .P. 65).

Summary:

Prohibition of export of Antiquities.

The Government has the upperhand on excavations, collection, exhibition and preservation of antiquities.

(See: CF. Annex I).

 

I-2: Regulations for excavation.

Juridical base:

High order of the Turkish Sultan, March, 1869 (A.Khater, ibid, p.274).

(Recueil de Législation Egyptienne, t, p.26 - PH. Gelat - IFAO).

Summary:

Excavations are authorised by the Minister of Public Instruction (Education).

Discovered antiquities in private land belong to the owner of the land. Prohibition of export of antiquities except coins.

(See: CF. Annex II).

 

I-3: Regulation concerning Antiquities

Juridical base:

High order/ Law, March 24, 1874 (IFAO - A. Khater, p.275-279).

Summary:

Objects from old times are considered antiquities. Antiquities are divided into two groups: coins - and mobile, immobile objects. Government control on excavation, sharing and in private land.

(See: CF. Annex III).

 

I-4: Prohibition of export of Antiquities.

Juridical base:

Decree of Khediev Mohamed Tewfik, May19, 1880 (Gelat, ibid, p.257). (Khater, ibid, p.280 - IFAO). Journal Officiel: "J.O." (no.889 p.1, on June 1,1880.)

Summary:

Interdiction of export of all sorts of Egyptian antiquities including coins.

(See: CF. Annex IV).

 

I-5: Constitution of a committee for the protection of Arabic monuments.

Juridical base:

Decree/ High order of Khediev Mohamed Tewfik, issued in Abdine palace, on December 18, 1881 (IFAO - Gelat, ibid p.45, - Khater ibid, p.280 - 281).

Summary:

Constitution of a committee for the preservation of Arabic Monuments of artistic and/ or historic value headed by the Minister of Wakf.

(See: CF. Annex V).

 

 I-6: The Boulak Museum and its contents, makes part of public heritage.

Juridical base:

Decree of Khidiev. Mohamed Tawfik, issued in Ismailia palace on May 16, 1883 (Journal Officiel: "J.O.": no.1644-17 May 1883 p.I; Khater, op.cit., p.281 IFAO).

Summary:

The existing Boulak Museum and its contents as well as new Museums,and all classified antiquities are considered public heritage under the control of the Ministry of Public Works.

(See: CF. Annex VI).

 

I-7: Concerning the Exception of Arabic art monuments from the construction Organizing Line.

Juridical base:

High order of Khediev Mohamed Tewfik issued in Ras-El-Teen palace, on 27/6/1883 (Journal Officiel: "J.O.": no.1680 on July 1st 1883 p.I.; Khater, op.cit., p.281-282 IFAO; Gelat, op. Cit., p. 45 IFAO).

Summary:

The exception of Ancient Arabic buildings from the Construction Organising Line. (Regulation / Law of Building Construction).

(See: CF. Annex VII)

 

I-8: Concerning the Interdiction for excavations without Permission from the Director General of the Museum and Excavations.

Juridical base:

Decree of Khediev Mohamed Tewfik issued on 17/11/1891, in Abdine palace. (Journal Officiel: "J.O.": no.131 p.2427-2428; Khater, op.cit., p.281-282- IFAO; Gelat, op. cit., p. 13 IFAO; Khater, op.cit. p.282-283).

Summary:

Excavations must be done by the permission of the Director General of Museums, and all findings have to be kept in the Giza Museum.

(See: CF. Annex VIII).

 

I-9: Concerning the Punishment for illegal excavation.

Juridical base:

High order of Khediev Abbas Helmy the 2nd issued in Ras-El-Teen palace 12/8/1897 after being approved from the mixed Court on 13/6/1897. (Journal Officiel: "J.O.": no.92-16/8/1897 p.2058-2059; Khater, op.cit., p.283-284 )

 

I-10 Law No.14 for the year 1912 Concerning Antiquities.

Juridical base:

Law of Khediev Abbas Helmy no.14 issued on 12/6/1912. In Alexandria. (Journal Officiel: "J.O.": no.70-15/6/1912 p.1391-1393).

Summary:

1.      Every antiquity from allover Egypt, on the ground, or under ground is a public property.

         2. An antiquity is any kind of objects or buildings, reflecting an artistic, scientific, religious, and ethic evolution in Egypt, from pharaonic, graeco roman and coptic times.

         3. The government has the right of confiscating any building or land in favour of public interest.

         4. Findings, during legal excavations are equally shared between the excavator and the antiquities authority.

         5. Each dealer of antiquities, must have a licence from antiquities authority.

         6. Prohibition of export of antiquities without an official permission from antiquities authority.

         7. Penalty of prison for a period not exceeding one year for persons causing damages to antiquities or contradicting the previous articles.

         8. Antiquities authority belongs to the Ministry of Public Works.

(See: CF. Annex X).

 

I-11 Law For the protection of Arabic Monuments.

Juridical base:

Decree/Law no.8 of Sultan Ahmed Fouad issued on 13/4/1918. (Journal Officiel: "J.O.": no.15-31 April 1918 p.11; Khater, op.cit., p.299-301-IFAO )

Summary:

Any mobile or immobile object belonging to the Arab conquest period untill the death of Mohamed Ali, having an artistic, historic, or archaeologic value is considered arabic monument, comprising also coptic churches and monasteries. The documentation of these monuments is done by a decree of the Minister of Wakf.

(See.CF. Annex XI).

 

I-12 Organising the committee of Egyptology - their responsibities.

Juridical base:

Decree of King Ahmed Fouad on 23/6/1927. (Journal Officiel: "J.O.": no.56 on July 1927).

Summary:

The committee is headed by the Minister of Public Instructions (Education) and is composed of ten members representing the ministries of public instructions, Finances, Interior.

1.      The rector of the Egyptian University.

               2. The royal chancellor of the Ministry of Public Works.

               3. The general director of domains of state.

               4. Controller of exhibitions, tourism administration.

               5. Controller of fine arts.

(See: CF. Annex XII).

 

I-13 The dependence of the (Services des Antiquités) to the Ministry of Education.

Juridical base:

Decree of king Fouad 1st . (Journal Officiel: "J.O.”:  no.32 on 11/4/1929)

Summary:

The dependencies of the (Services des Antiquités) to the Ministry of Education.

(See: CF. Annex XIII).

 

I-14 The dependence of the Museum of Arabic Monuments to The Ministry of Education.

Juridical base:

Decree of king Fouad on 29/10/1929 in El-Montaza palace. (Journal Officiel: "J.O.":  no.99 on 7/11/1929 p.3-4).

Summary:

The dependence of the museum of Arabic monuments to the Ministry of Education.

(See: CF. Annex XIV).

 

I-15 Dependence of the Coptic Museum to the State.

Juridical base:

Decree no.14 from Prime Minister on 29/1/1931. (Journal Officiel: "J.O.": no.11 on 2/2/1931 p.2; Khater, op.cit., p.304/IFAO).

Summary:

The dependence of the Coptic Museum to the State.

(See.CF:Annex XV).

 

I-16 Dependence of the Committee of protection of Arabic Monuments (Arts) to the Ministry of Education instead of the Ministry o Wakfs.

Juridical base:

Decree of King Farouk issued on 16/8/1936 - in Ras-El-Teen palace. (Journal Officiel: "J.O.”:  no.94 on 20/8/1936 - p.3; Khater, op.cit., p.305 - 306, IFAO).

Summary:

The committee of protect of Arabic monuments (arts) is dependent to the Ministry of Education instead of the Ministry of Wakf.

(See CF: Annex XVI).

 

I-17 Establishment of a Superior Council for the Protection of Arabic Monuments (Arts).

Juridical base:

Decree on 7/8/1939 in El Montaza palace. (Journal Officiel: "J.O.": no.79 on 14/8/1939; Khater, op.cit., p.305 - 306, IFAO).

Summary:

The creation of a Superior Council for conservation of Arabic monuments composed as follows:

President:

Minister of Public Instruction (Education).

Members:

Secretaries of State of the Ministries of Education, Finance, Interior, Wakf.

The Royal Chancellor of the Ministry of Public Instruction (Education).

Director general of (Service des Antiquités Egyptiennes).

Director of the Arabic arts Museum.

The director general of the Tanzim administration.

The director general of the exhibitions and tourism administration.

The controller of Fine arts (Ministry of Public Instruction.

The Conservator of Coptic Museum.

The director of the conservation of Arabic Monuments Service.

Professor of Islamic Archaeology in Fouad tian times until the end of reign of Ismail.

(See: CF. Annex XVIII).

I-19 The establishment of the (Service des Antiquites).

Juridical base:

Decree/Law No.22 for the year 1953 issued in Abdine Palace on 8 January 1953. (Journal Officiel: "J.O.”: no.3 bis.8 January 1953 - P.2-3).

Summary:

Decree/Law for the establishment of the antiquities Organisation.

I-20 Organizing of the Service des Antiquites.

Juridical base:

Law no.529 for the year 1953 concerning Organisation and responsibilities of the (Service des Antiquites).

Summary:

The (Service des Antiquites) is responsible for the protection of Egyptian antiquities from different eras, excavations, encouraging archaeological research in general and the establishment of museums and their management . A Supreme Council of Antiquities headed by the Minister of Public Education is responsible for suggesting the policies to be implemented for the preservation, restoration, and excavation of Antiquities.

 

I-21 Dependence of the ( Service des Antiquités) to the Ministry of Education.

Juridical base:

Law no.192 for the year 1955 concerning the modification of the Law no.529/ 1953 Organising the (Service des Antiquites). (Journal Officiel: "J.O.”:  no.28 bis.7 April1955 - P.12).

Summary:

The establishment of a Supreme Council of Antiquities headed by the Minister of Education

I-22 Establishment of a center of Documentaion for Egyptian Antiquities.

Juridical base:

Law no.184 for the year 1956. (Journal officiel no.34 bis. (a) on 29/4/1956

Summary:

Establishment of a center for the Scientific documentation of Egyptian antiquities belonging to the Ministry of Education.

 

I-23 Establishment of Nubia fund for financing the project of the salvage of Nubia monuments.

Juridical base:

Presidential decree / Law no.8 for the year 1964 issued under the presidency of Gamal Abdel Nasser on 6 January 1964. (Journal officiel no.5 on 16/1/1964 P.19, P.33-34)

I-24 Establishment of fund for financing the projects of antiquities and museums.

Juridical base:

Presidential decree no.1443 for the year 1966 issued on 19/4/1966.

(Journal officiel no.92 on 26/4/1966- P. 455)

Summary:

The establishment of an independent public organisation under the name of fund for financing the projects of antiquities and museums, depending to the Minister of Tourism and Antiquities.

I-25 Establishment of the Organisation of Egyptian Antiquities.

Juridical base:

Presidential decree no.282 for the year 1971. (Journal officiel no.46 on 12/11/1971 P. 691-693)

Summary:

Establishment of a public organisation under the name of Organisation of Egyptian Antiquities depending to the Minister of Culture and information and comprising the following:

1.      Service des Antiquités.

         2. Documentation Center.

         3. Fund for nubian monuments.

         4. Fund for Antiquities, Museums, Son et Lumière.

The organisation is responsible of the protection of antiquities, excavations, archaeological researches, establishment and management of museums, salvage of nubian monuments, documentation of Antiquities, Investment of incomes for the sustain of Antiquities projects.

I-26 The prohibition of villas and palaces demolition, including certain buildings of distinctive architectural and artistic style.

Juridical base:

Decree of the governer of Cairo no.238 for the year 1996. (Journal officiel no.107 on 14 September,1996)