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RECOMMENDATIONS ON INTERNATIONAL PRINCIPLES APPLICABLE
TO ARCHAEOLOGICAL EXCAVATIONS (1956)
(THE NEW DELHI RECOMMENDATIONS)
Preamble
The General Conference of the United Nations Educational,
Scientific and Cultural
Organization, meeting at New Delhi, from 5 November to 5 December
1956, at its ninth
session,
Being of the opinion that the surest guarantee for the preservation
of monuments and
works of the past rests in the respect and affection felt for
them by the peoples
themselves, and persuaded that such feelings may be greatly strengthened
by
adequate measures inspired by the wish of Member States to develop
science and
international relations,
Convinced that the feelings aroused by the contemplation and
study of works of the
past do much to foster mutual understanding between nations,
and that it is therefore
highly desirable to secure international co-operation with regard
to them and to further,
in every possible way, the fulfilment of their social mission,
Considering that, while individual States are more directly
concerned with the
archaeological discoveries made on their territory, the international
community as a
whole is nevertheless the richer for such discoveries,
Considering that the history of man implies the knowledge
of all different civilizations;
and that it is therefore necessary, in the general interest,
that all archaeological remains
be studied and, where possible, preserved and taken into safe
keeping,
Convinced that it is highly desirable that the national authorities
responsible for the
protection of the archaeological heritage should be guided by
certain common
principles which have been tested by experience and put into
practice by national
archaeological services,
Being of the opinion that, though the regulation of excavations
is first and foremost for
the domestic jurisdiction of each State, this principle should
be brought into harmony
with that of a liberally understood and freely accepted international
co-operation,
Having before it proposals concerning international principles
applicable to
archaeological excavations, which constitute item 9.4.3 on the
agenda of the session,
Having decided at its eighth session, that these proposals
should be regulated at the
international level by way of a recommendation to Member States,
Adopts, this fifth day
of December 1956, the following Recommendation:
The General Conference recommends that Member States should
apply the following
provisions by taking whatever legislative or other steps may
be required to give effect,
within their respective territories, to the principles and norms
formulated in the present
Recommendation.
The General Conference recommends that Member States should
bring the present
Recommendation to the knowledge of authorities and organizations
concerned with
archaeological excavations and museums.
The General Conference recommends that Member States should
report to it, on dates
and in a manner to be determined by it, on the action which they
have taken to give
effect to the present Recommendation
I. Definitions
Archaeological excavations
1. For the purpose of the present Recommendation, by archaeological
excavations is
meant any research aimed at the discovery of objects of archaeological
character,
whether such research involves digging of the ground or systematic
exploration of its
surface or is carried out on the bed or in the sub-soil of inland
or territorial waters of a
Member State.
Property protected
2. The provisions of the present Recommendation apply to any
remains, whose
preservation is in the public interest from the point of view
of history or art and
architecture, each Member State being free to adopt the most
appropriate criterion for
assessing the public interest of objects found on its territory.
In particular, the provisions
of the present Recommendation should apply to any monuments and
movable or
immovable objects of archaeological interest considered in the
widest sense.
3. The criterion adopted for assessing the public interest
of archaeological remains
might vary according to whether it is a question of the preservation
of such property, or
of the excavator's or finder's obligation to declare his discoveries.
(a) In the former case, the criterion based on preserving
all objects originating before a
certain date should be abandoned, and replaced by one whereby
protection is
extended to all objects belonging to a given period or of a minimum
age fixed by law.
(b) In the latter case, each Member State should adopt far
wider criteria, compelling the
excavator or finder to declare any object, of archaeological
character, whether movable
or immovable, which he may discover.
II. General principles
Protection of the archaeological heritage
4. Each Member State should ensure the protection of its archaeological
heritage,
taking fully into account problems arising in connexion with
excavations, and in
conformity with the provisions of the present Recommendation.
5. Each Member State should in particular:
(a) Make archaeological explorations and excavations subject
to prior authorization by
the competent authority;
(b) Oblige any person finding archaeological remains to declare
them at the earliest
possible date to the competent authority;
(c) Impose penalties for the infringement of these regulations;
(d) Make undeclared objects subject to confiscation;
(e) Define the legal status of the archaeological sub-soil
and, where State ownership of
the said sub-soil is recognized, specifically mention the fact
in its legislation;
(f) Consider classifying as historical monuments the essential
elements of its
archaeological heritage.
Protecting body: archaeological excavations
6. Although differences of tradition and unequal financial
resources make it impossible
for all Member States to adopt a uniform system of organization
in the administrative
services responsible for excavations, certain common principles
should nevertheless
apply to all national archaeological services:
(a) The archaeological service should, so far as possible,
be a central State
administration--or at any rate an organization provided by law
with the necessary means
for carrying out any emergency measures that may be required.
In addition to the
general administration of archaeological work, this service should
co-operate with
research institutes and universities in the technical training
of excavators. This body
should also set up a central documentation, including maps, of
its movable and
immovable monuments and additional documentation for every important
museum or
ceramic or iconographic collection, etc.
(b) Steps should be taken to ensure in particular the regular
provision of funds: (i) to
administer the services in a satisfactory manner; (ii) to carry
out a programme of work
proportionate to the archaeological resources of the country,
including scientific
publications; (iii) to exercise control over accidental discoveries;
(iv) to provide for the
upkeep of excavation sites and monuments.
7. Careful supervision should be exercised by each Member
State over the restoration
of archaeological remains and objects discovered.
8. Prior approval should be obtained from the competent authority
for the removal of
any monuments which ought to be preserved in situ.
9. Each Member State should consider maintaining untouched,
partially or totally, a
certain number of archaeological sites of different periods in
order that their excavation
may benefit from improved techniques and more advanced archaeological
knowledge.
On each of the larger sites now being excavated, in so far as
the nature of the land
permits, well defined 'witness' areas might be left unexcavated
in several places in order
to allow for eventual verification of the stratigraphy and archaeological
composition of
the site.
Formation of central and regional collections
10. Inasmuch as archaeology is a comparative science, account
should be taken, in
the setting up and organizing of museums and reserve collections,
of the need for
facilitating the work of comparison as much as possible. For
this purpose, central and
regional collections might be formed or, in exceptional cases,
local collections on
particularly important archaeological sites--in preference to
small scattered collections,
accessible to comparatively few people. These establishments
should command, on a
permanent basis, the administrative facilities and scientific
staff necessary to ensure the
preservation of the exhibits.
11. On important archaeological sites, a small exhibit of
an educational nature--possibly
a museum--should be set up to convey to visitors the interest
of the archaeological
remains.
Education of the public
12. The competent authority should initiate educational measures
in order to arouse
and develop respect and affection for the remains of the past
by the teaching of
history, the participation of students in certain excavations,
the publication in the press
of archaeological information supplied by recognized specialists,
the organization of
guided tours, exhibitions and lectures dealing with methods of
excavation and results
achieved, the clear display of archaeological sites explored
and monuments
discovered, and the publication of cheap and simply written monographs
and guides. In
order to encourage the public to visit these sites, Member States
should make all
necessary arrangements to facilitate access to them.
III. Regulations governing excavations and international collaboration
Authority to excavate granted to foreigners
13. Each Member State on whose territory excavations are to
take place should lay
down general rules governing the granting of excavation concessions,
the conditions to
be observed by the excavator, in particular as concerns the supervision
exercised by
the national authorities, the period of the concession, the reasons
which may justify its
withdrawal, the suspension of work, or its transfer from the
authorized excavator to the
national archaeological service.
14. The conditions imposed upon a foreign excavator should
be those applicable to
nationals. Consequently, the deed of concession should omit special
stipulations which
are not imperative.
International collaboration
15. In the higher interest of archaeology and of international
collaboration, Member
States should encourage excavations by a liberal policy. They
might allow qualified
individuals or learned bodies, irrespective of nationality, to
apply on an equal footing for
the concession to excavate. Member States should encourage excavations
carried out
by joint missions of scientists from their own country and of
archaeologists representing
foreign institutions, or by international missions.
Archaeological excavations
16. When a concession is granted to a foreign mission, the
representative of the
conceding State--if such be appointed--should, as far as possible,
also be an
archaeologist capable of helping the mission and collaborating
with it.
17. Member States which lack the necessary resources for the
organization of
archaeological excavations in foreign countries should be accorded
facilities for sending
archaeologists to sites being worked by other Member States,
with the consent of the
director of excavations.
18. A Member State whose technical or other resources are
insufficient for the scientific
carrying out of an excavation should be able to call on the participation
of foreign
experts or on a foreign mission to undertake it.
Reciprocal guarantees
19. Authority to carry out excavations should be granted only
to institutions represented
by qualified archaeologists or to persons offering such unimpeachable
scientific, moral
and financial guarantees as to ensure that any excavations will
be completed in
accordance with the terms of the deed of concession and within
the period laid down.
20. On the other hand, when authority to carry out excavations
is granted to foreign
archaeologists, it should guarantee them a period of work long
enough, and conditions
of security sufficient to facilitate their task and protect them
from unjustified cancellation
of the concession in the event, for instance, of their being
obliged, for reasons
recognized as valid, to interrupt their work for a given period
of time.
Preservation of archaeological remains
21. The deed of concession should define the obligations of
the excavator during and
on completion of his work. The deed should, in particular, provide
for guarding,
maintenance and restoration of the site together with the conservation,
during and on
completion of his work, of objects and monuments uncovered. The
deed should
moreover indicate what help if any the excavator might expect
from the conceding
State in the discharge of his obligations should these prove
too onerous.
Access to excavation sites
22. Qualified experts of any nationality should be allowed
to visit a site before a report
of the work is published and with the consent of the director
of excavations, even
during the work. This privilege should in no case jeopardize
the excavator's scientific
rights in his finds.
Assignment of finds
23. (a) Each Member State should clearly define the principles
which hold good on its
territory in regard to the disposal of finds from excavations.
(b) Finds should be used, in the first place, for building
up, in the museums of the
country in which excavations are carried out, complete collections
fully representative of
that country's civilization, history, art and architecture.
(c) With the main object of promoting archaeological studies
through the distribution of
original material, the conceding authority, after scientific
publication, might consider
allocating to the approved excavator a number of finds from his
excavation, consisting
of duplicates or, in a more general sense, of objects or groups
of objects which can be
released in view of their similarity to other objects from the
same excavation. The return
to the excavator of objects resulting from excavations should
always be subject to the
condition that they be allocated within a specified period of
time to scientific centres
open to the public, with the proviso that if these conditions
are not put into effect, or
cease to be carried out, the released objects will be returned
to the conceding
authority.
(d) Temporary export of finds, excluding objects which are
exceptionally fragile or of
national importance, should be authorized on requests emanating
from a scientific
institution of public or private character if the study of these
finds in the conceding
State is not possible because of lack of bibliographical or scientific
facilities, or is
impeded by difficulties of access.
(e) Each Member State should consider ceding to, exchanging
with, or depositing in
foreign museums objects which are not required in the national
collections.
Scientific rights; rights and obligations of the excavator
24. (a) The conceding State should guarantee to the excavator
scientific rights in his
finds for a reasonable period.
(b) The conceding State should require the excavator to publish
the results of his work
within the period stipulated in the deed, or, failing such stipulations,
within a reasonable
period. This period should not exceed two years for the preliminary
report. For a period
of five years following the discovery, the competent archaeological
authorities should
undertake not to release the complete collection of finds, nor
the relative scientific
documentation, for detailed study, without the written authority
of the excavator.
Subject to the same conditions, these authorities should also
prevent photographic or
other reproduction of archaeological material still unpublished.
In order to allow, should
it be so desired, for simultaneous publication of the preliminary
report in both countries,
the excavator should, on demand, submit a copy of his text to
these authorities.
(c) Scientific publications dealing with archaeological research
and issued in a language
which is not widely used should include a summary and, if possible,
a list of contents
and captions of illustrations translated into some more widely
known language.
Documentation on excavations
25. Subject to the provisions set out in paragraph 24, the
national archaeological
services should, as far as possible, make their documentation
and reserve collections of
archaeological material readily available for inspection and
study to excavators and
qualified experts, especially those who have been granted a concession
for a particular
site or who wish to obtain one.
Regional meetings and scientific discussions
26. In order to facilitate the study of problems of common
interest, Member States
might, from time to time, convene regional meetings attended
by representatives of the
archaeological services of interested States. Similarly, each
Member State might
encourage excavators working on its soil to meet for scientific
discussions.
IV. Trade in antiquities
27. In the higher interests of the common archaeological heritage,
each Member State
should consider the adoption of regulations to govern the trade
in antiquities so as to
ensure that this trade does not encourage smuggling of archaeological
material or
affect adversely the protection of sites and the collecting of
material for public exhibit.
28. Foreign museums should, in order to fulfil their scientific
and educational aims, be
able to acquire objects which have been released from any restrictions
due to the laws
in force in the country of origin.
V. Repression of clandestine excavations and of the illicit
export of archaeological
finds
Protection of archaeological sites against clandestine excavations
and damage
29. Each Member State should take all necessary measures to
prevent clandestine
excavations and damage to monuments defined in paragraphs 2 and
3 above, and
also to prevent the export of objects thus obtained.
International co-operation in repressive measures
30. All necessary measures should be taken in order that museums
to which
archaeological objects are offered ascertain that there is no
reason to believe that
these objects have been procured by clandestine excavation, theft
or any other
method regarded as illicit by the competent authorities of the
country of origin. Any
suspicious offer and all details appertaining thereto should
be brought to the attention
of the services concerned. When archaeological objects have been
acquired by
museums, adequate details allowing them to be identified and
indicating the manner of
their acquisition should be published as soon as possible.
Return of objects to their country of origin
31. Excavation services and museums should lend one another
assistance in order to
ensure or facilitate the recovery of objects derived from clandestine
excavations or
theft, and of all objects exported in infringement of the legislation
of the country of
origin. It is desirable that each Member State should take the
necessary measures to
ensure this recovery. These principles should be applied in the
event of temporary
exports as mentioned in paragraph 23(c), (d) and (e) above, if
the objects are not
returned within the stipulated period.
VI. Excavations in occupied territory
32. In the event of armed conflict, any Member State occupying
the territory of another
State should refrain from carrying out archaeological excavations
in the occupied
territory. In the event of chance finds being made, particularly
during military works, the
occupying Power should take all possible measures to protect
these finds, which should
be handed over, on the termination of hostilities, to the competent
authorities of the
territory previously occupied, together with all documentation
relating thereto.
VII. Bilateral agreements
33. Member States should, whenever necessary or desirable,
conclude bilateral
agreements to deal with matters of common interest arising out
of the application of the
present Recommendation.
The foregoing is the authentic text of the Recommendation
duly adopted by the
General Conference of the United Nations Educational, Scientific
and Cultural
Organization during its Ninth Session, which was held at New
Delhi and declared closed
the fifth day of December 1956.
IN FAITH WHEREOF we have appended our signatures this fifth
day of December
1956.
The President of the General Conference The Director-General
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