Report 2017

Baltic Sea Parliamentary ConferenceBSPCThe Rapporteur on Cultural AffairsReport 2017Baltic Sea Parliamentary ConferenceBSPCThe Rapporteur on Cultural AffairsReport 20172The BSPC Rapporteur on Cultural Affairs© Storting, Oslo 2017T ext: Sonja MandtEditing: Bjørn Andreassen, Bodo BahrLayout: produktionsbüro TINUSPhotos: BSPC SecretariatBaltic Sea Parliamentary ConferenceBodo Bahr Secretary General +49 171 5512557bodo.bahr@bspcmail.netwww.bspc.netBSPC Secretariatc/o Lennéstraße 1 19053 SchwerinGermanyThe Baltic Sea Parliamentary Conference (BSPC) was established in 1991 as a forum forpolitical dialogue between parliamentarians from the Baltic Sea Region. BSPC aims at rais-ing awareness and opinion on issues of current political interest and relevance for the Baltic Sea Region. It promotes and drives various in-itiatives and efforts to support a sustainable environmental, social and economic develop-ment of the Baltic Sea Region. It strives at en-hancing the visibility of the Baltic Sea Region and its issues in a wider European context.BSPC gathers parliamentarians from 11national parliaments, 11 regional parliaments and 5 parliamentary organisations around the Baltic Sea. The BSPC thus constitutes aunique parliamentary bridge between all theEU- and non-EU countries of the Baltic SeaRegion.BSPC external interfaces include parlia-mentary, governmental, sub-regional and oth-er organizations in the Baltic Sea Region andthe Northern Dimension area, among themCBSS, HELCOM, the Northern Dimension Partnership in Health and Social Well-Being (NDPHS), the Baltic Sea Labour Forum (BSLF), the Baltic Sea States Sub-regional Co-operation (BSSSC) and the Baltic Develop-ment Forum.BSPC shall initiate and guide political ac-tivities in the region; support and strengthen democratic institutions in the participating states; improve dialogue between govern-ments, parliaments and civil society; strength-en the common identity of the Baltic Sea Re-gion by means of close co-operation between national and regional parliaments on the basis of equality; and initiate and guide political ac-tivities in the Baltic Sea Region, endowing them with additional democratic legitimacy and parliamentary authority.The political recommendations of the an-nual Parliamentary Conferences are expressed in a Conference Resolution adopted by con-sensus by the Conference. The adopted Reso-lution shall be submitted to the governments of the Baltic Sea Region, the CBSS and the EU, and disseminated to other relevant na-tional, regional and local stakeholders in the Baltic Sea Region and its neighbourhood.3Contents1. Introduction .................................... 42. Cultural heritage as a valuable asset .................. 63. Different Heritage protection Systems ................ 9- Estonia ........................................ 9- Germany ..................................... 10- -Schleswig-Holstein ............................. 11- Latvia ........................................ 12- Lithuania ..................................... 14- Norway ...................................... 154. Use of Metal Detectors in the Nordic Countries ....... 165. Protection Cultural Landscape and Environments ..... 176. The Viking Heritage – a biased Picture .............. 205 1. Introduction1. IntroductionCultural heritage is important because it is our reference point toour past. Our heritage helps us to understand our history and linksus together. But our heritage is more than evidence of our past; Cul-tural heritage is the link between past and future: By knowing our past we can better shape our future.An understanding of our common heritage, based on the intercul-tural meetings that have taken place over centuries offers an insight into today’s diverse societies and shows us what can be achieved when cultures meet and inspire each other.Heritage is important for another reason; culture and heritage havean important role to play when it comes to building a more eco-nomically sustainable and cohesive Baltic Sea region. Our regionshould see our cultural heritage as an increasingly important factor of economic and sustainable growth. It is indeed encouraging to see that cultural heritage is being more and more considered in localand regional development.Sonja Mandt,6 2. Cultural heritage as a valuable asset2. Cultural heritage as avaluable assetNaturally we expect that investments in cultural heritage are part ofan integrated approach to the sustainable development of our re-gions and cities. We must effectively share best practices in thefunding of heritage and take account of the role this sector plays when it comes to making the places we live in more attractive and inclusive.In the Baltic Sea region we can find examples of how the moderncan meet the past without disturbing the environment, how to ac-complish the right fusion between historical heritage and contem-porary architecture.Cultural heritage is of cultural, social, environmental and economicvalue. It should be no doubt that heritage matters. But we all knowtoo well that many people are indifferent to cultural heritage, orsimply not aware of its value. The lack of engagement could be a real problem. Are we so used to what surrounds us – the historic en-vironment, the archaeological sites – that we may forget that herit-age needs a lot of care to survive?Articulating the value of our heritage will indeed give more strengthto the voice of awareness of cultural heritage in Europe.We seem to appreciate its value most when it is under threat. This isthe case today when we see the terrible destruction of heritage incountries like Iraq and Syria. These crimes are attacks on our sharedvalues as human beings, wherever we happen to live.But there are other, less violent threats to heritage. Wherever invest-ment in cultural and heritage policies is reduced, heritage is in dan-ger. Unfortunately, because of the economic crisis, we see this hap-pen a lot.Many studies highlight the significant contribution of the heritagesector to economic and social development. We know that culturalheritage can boost other economic sectors, tourism, for instance.Both taxes and other revenues and a great number of jobs are linked to heritage, directly or indirectly.Today, cultural heritage should be perceived particularly as an im-portant vehicle for development, since “cultural tourism7 2. Cultural heritage as a valuable assetcontributes to economic development,” “cultural heritage builds so-cial cohesion,” “mobilizes communities around its care and man-agement,” etc. (UNESCO, 2010).The project Cultural Heritage Counts for Europe gives a good under-standing, knowledge and awareness of the full potential of the cul-tural heritage as a key resource for sustainable development.For the BSPC countries the key findings of this project could beuseful tool to feed into local, regional and national decision makingprocesses and thus provide a sound basis for effective policies forheritage.A few findings from the projects:• Cultural heritage is a key component and contributor to theattractiveness of Europe’s regions, cities, towns and rural areasin terms of private sector inward investment — thereby en-hancing regional competitiveness.• Cultural heritage provides European countries and regions with a unique identity, providing the basis for effective mar-keting strategies aimed at developing cultural tourism and at-tracting investment• Cultural heritage is a significant creator of jobs across Europe,covering a wide range of types of job and skill levels: fromconservation-related construction, repair and maintenancethrough cultural tourism, to small and medium-sized enter-prises (SMEs) and start-ups, often in the creative industries. Example: Cultural heritage sector is estimated to produce upto 26.7 indirect jobs for each direct job, much more than, forexample, the car industry with a quotient of only 6.3.• Cultural heritage has a track record on providing a good re-turn on investment and is a significant generator of tax reve-nue for public authorities both from the economic activities ofheritage-related sectors and indirectly through spill over fromheritage-oriented projects leading to further investment.• Cultural heritage contributes to the quality of life, providingcharacter and ambience to neighbourhoods, towns and re-gions across Europe and making them popular places to live, work in and visit.8 2. Cultural heritage as a valuable assetExample: Research conducted by the Institute for the Urban Devel-opment in Krakow (Poland) shows that the successful restoration ofPolish historic town centres has shaped the quality of life of local in-habitants, boosted the towns’ attractiveness for tourism, as well as improved the general image of the town.It is proven that the regeneration of urban sites attracts investmentand creates jobs. And the high returns of investing in heritage are certified by a study by the World Bank.Actions like the European Capitals of Culture, the European Herit-age Label, the European Heritage Days – and of course the Europe-an Heritage Awards – stimulate the whole cycle of cultural produc-tion and preservation. These actions are promoting high standardsand high-quality skills in conservation practice.The main challenge now is to take advantage of these opportunities.It is time to develop a truly integrated approach to heritage, maxim-ising the impact of heritage policies on the local economy and soci-ety.This should be one of the priorities of the Baltic Sea cooperation.Krakow: Main Square with Cloth Hall and St Mary’s Church. © Paweł Kobek / NID9 3. Different Heritage Protection Systems – Examples based on national reports.3. Different Heritage ProtectionSystems – Examples based on national reports.To establish a clear picture of the protection system through the en-tire Baltic Sea area, we need to exchange information on existingprotection systems, legal and register-building principles, planningdocuments and the methods of work among the Baltic countries. Some have developed highly detailed inventories and elaborated forms of legal protection, whereas others need to improve their legal tools. Still others are establishing their own methods of protectionby resorting to a combination of territorial planning restrictionsand nature conservation.Some Baltic Sea region countries list their historic gardens alongsiderelated buildings, while in others historic parks and gardens are list-ed in their own right as separate monuments. There are countries that divide this task among different organizations. In some of thecountries it belongs to the competence of ministries of culture,while in others it is the responsibility of the ministries of the envi-ronment. This implies different attitudes towards the problem and the use of different methods.3.1 EstoniaEstonian legislation does not include automatic protection of herit-age. Each cultural monument or site is designated by an individualdecision of the Minister of Culture. Objects or sites may be placedunder temporary protection from two weeks up to six months in or-der to determine whether they qualify as a monument.According to the Heritage Conservation Act, a monument is a bodyof things or an integral group of structures under state protection, which is of historical, archaeological, ethnographic, urban develop-mental, architectural, artistic or scientific value, or of value in termsof religious history or of other cultural value and due to which it is designated as a monument in accordance with the procedure pro-vided for in the Act. Monuments may be classified as archaeologi-cal, architectural, artistic, technical, industrial or historical monu-ments.10 3. Different Heritage Protection Systems – Examples based on national reports.All archaeological remains are protected by law from the moment oftheir registration in the state register. It is also possible to halt thework and protect sites where archaeological finds may appear dur-ing development projects. The penalty for damaging archaeological remains ranges from a fine of five daily wages to a two-year sentence in prison, with the addition of the obligation to pay the costs of therescue excavation.3.2 GermanyIn Germany the legislation on cultural affairs is done at the federalstates level. Each state sets the rules when it comes to questions likemodifications of protected cultural heritage monuments and sitesor rules that deal with “prohibition on activities that may damage, destroy, dig up, move, change, conceal, or otherwise inappropriate-ly change the appearance of such heritage or create a danger thatthis could happen”. Permission for any such activity must be ob-tained from the right authority within the federal state.The laws in the federal states do also set the rules how to indicatefunds one might discover. In case one does not indicate there are le-gal consequences for the illegal excavations – also different ones in each federal state.On June 23, 2016, the German Bundestag (parliament) adopted arevised Act to Protect Cultural Property which protects certain na-tional cultural property from being exported, restricts illegal tradein cultural goods, and facilitates the retrieval of cultural goods thatwere exported unlawfully.The new legislation is a comprehensive reform of German nationallaw regarding the protection of cultural property, combining exist-ing legislation into a uniform act. It also implements the EU Direc-tive 2014/60/EU, as well as the 1970 UNESCO Convention onthe Means of Prohibiting and Preventing the Illicit Import, Exportand T ransfer of Ownership of Cultural Property.11 3. Different Heritage Protection Systems – Examples based on national reports.3.3 The Federal State of Schleswig-HolsteinAs indicated above the legislation on cultural affairs is done at thefederal states level, and the federal state of Schleswig-Holstein hasadopted its own cultural heritage protection act.Upon the question if legislation also protects archaeological sitesfrom hobbyist using metal detectors, the situation is basically this:The search for cultural heritage in archaeological reserve zones, athistoric monuments, or in areas in which new archaeological finds can be anticipated, are subject to authorisation. This falls within the remit of the State Archaeological Department of Schleswig-Hol-stein as high federal authority. The most basic licensing level is theso-called “Strandsuchgenehmigung” (beach search license). This en-tails an informal application for the permission to search for lost ob-jects (rings, coins and other metal objects) on predefined beacheswithin the state’s jurisdiction.In order to attain a more general search license on land, however,the applicant has to undergo a certification scheme. Once the certi-fication is completed, a search permit is issued and the applicant is entrusted with a search area. Beginners are accompanied and in-structed further by mentors in the practical fieldwork. The mem-bers can discuss their findings on internet platforms, through whichtrivial finds could be sorted out at an early stage, while important finds can be reported and – if necessary – undergo scientific exami-nation and conservation treatment. Mundane finds are returned tothe finder after they are registered.The involvement of volunteers and independent archaeological re-search are important pillars of archaeological monuments protec-tion. They fulfil an important role in safeguarding monuments, but also in finding or monitoring archaeological sites.In case illegal detectorists are observed, the police are notified.12 3. Different Heritage Protection Systems – Examples based on national reports.3.4 LatviaIn Latvia the law On Protection of Cultural Monuments ensurespreservation of the cultural and historical heritage and encompassesthe registration, research, practical preservation and utilisation ofcultural monuments and popularisation thereof.It is prohibited to destroy cultural monuments. Immovable culturalmonuments may be moved or modified only in exceptional caseswith the permission of the State Inspection for Heritage Protection.The State, local governments, public persons, as well as private indi-viduals may own cultural monuments.Antiquities found in archaeological sites in the ground, above theground or in water (dated until 17th century included) shall belongto the State, and they shall be stored by public museums. ThisNorwegian and Latvian vocational college students participated in therestoration of The Green Synagogue in Rezekne, Latvia. The synagoguenow houses a wooden architecture heritage centre and a Jewish cultur-al heritage exhibition, while it continues to serve as a place of worship. Photo: Ingierd Aas13 3. Different Heritage Protection Systems – Examples based on national reports.provision shall not apply to antiquities, regarding which a personhas notified the State Inspection for Heritage Protection by 30March 2013.Economic activity and any other type of activity in cultural monu-ments (the territories, zones, museum reserves, national parks, etc.thereof), as well as use of pictures and symbols of the cultural mon-ument for commercial purposes, shall be permitted only with the consent of the owner of the cultural monument.Newly-discovered objects, having historical, scientific, artistic orother cultural value, shall be under State protection until a decision is taken on the inclusion of such objects in the list of State protect-ed cultural monuments. The finder shall, without delay, but not lat-er than within five days, notify the State Inspection for HeritageProtection in writing of the objects found.Use of metal detectorsIt is prohibited to use devices for the detection of metal objects andmaterial density (for example, metal detectors) in search of culturalmonuments, except cases when it has been permitted by the State Inspection for Heritage Protection.It is also prohibited to carry out activities modifying the culturalmonument and to use metal detectors at a cultural monument – in-cluding the protection zone around this monument- without thepermission of the owner (possessor).Law on Preservation and Protection of the Historic Centreof RigaLatvia has a special law on Preservation and Protection of the His-toric Centre of Riga. The purpose of this law is to ensure the pres-ervation, protection and qualitative development of the historiccentre of Riga and the protection zone thereof. The task of this lawis to prescribe the status of the historic centre of Riga and the pro-tection zone thereof, the territory thereof, the procedures for the preservation, protection, utilisation, as well as implementation ofdevelopment projects and the requirements for the development ofspatial planning of the historic centre of Riga and the protection zone thereof.14 3. Different Heritage Protection Systems – Examples based on national reports.The historic centre of Riga is cultural monument of State signifi-cance. The historic centre of Riga is included in the World HeritageList of UNESCO. Preservation and protection of the historic centreof Riga is also regulated by UNESCOs Convention (1972) Con-cerning the Protection of the World Cultural and Natural Heritage and other regulatory enactments.3.5 LithuaniaSeveral numbers of acts – i.e. from the Constitution of the Repub-lic of Lithuania to the Law on Territory Planning and the Code onAdministrative Offenses protect heritage sites and cultural environ-ments. There is no automatic protection awarded, all objects be-come protected under individual decisions only.The Law on Protection of Immoveable Cultural Heritage protectsarchaeological sites from hobbyists using metal detectors whose ac-tivities may disrupt archaeological sites.In case a hobbyist finds objects of cultural value, such findings maybe appropriated by state to protect public interest, subject to fair compensation.Lithuania has ratified the 1970 UNESCO Convention on theMeans of Prohibiting and Preventing the Illicit Import, Export and T ransfer of Ownership of Cultural Property, and came into force on27 10 1998.15 4. Eutrophication is not the only threat to the Baltic Sea3.6 NorwayIn Norway under the terms of the Cultural Heritage Act, the Direc-torate for Cultural Heritage may impose a protection order onbuildings, groups of buildings and cultural landscapes. There aretwo types of protection given to monuments and sites, depending on whether they date back to before 1537. (Coins dated before 1650.) Monuments and sites prior to 1537 areautomatically pro -tected , while those dating from 1537 onwards require a protectionorder, which is granted on a case-to-case basis.The Cultural Heritage Act also regulates the relations between theauthorities and the owners of protected monuments and sites. How-ever, only a fraction of our cultural heritage is protected in this way.There are a large number of buildings and other monuments andsites that we consider worthy of protection because of their qualities and their importance for the surrounding environment.There are other acts of legislation that can be invoked to protectthese monuments and sites, notably the Building and Planning Act which ensures that cultural heritage considerations are taken intoRøros Mining Town, inscribed on UNESCO’s World Heritage List in 1980. Photo: Trond T augbøl / Directorate for Cultural Heritage16 5. Further discussion and possible solutionsaccount in all planning processes (municipal level). But the bestmethod of conservation is to make the owners of monuments andsites aware of their importance, and to encourage them to maintainthese irreplaceable properties whether or not they are legally pro-tected.4. Use of Metal Detectors in theNordic Countries.In Sweden it is illegal to use metal detectors without special permis-sion. If memorial findings are encountered at or around monu-ments and sites, the findings will belong to the state. If the discov-ery occurs under other circumstances, it will, subject to particular factors, belong to the person in question.InFinland one may use metal detectors without permission. How-ever, permission is required close to monument sites and in its zoneof protection. If a memorial finding is encountered, the NationalMuseum is to be contacted and / or the finding will be delivered tothe National Museum.In Denmark , it is permitted to use metal detectors with the excep-tion of use in the state‘s territories and on landowners‘ ground (per-mission needed). On monument sites it is forbidden.In Iceland‘s law on the protection of cultural monuments there areno references concerning the use of metal detectors. However, all ar-chaeological research will be registered with the Islands HeritageAgency. If this research requires digging, an application for permis-sion is required.InNorway the use of metal detectors are generally allowed, but noton protected cultural heritage monuments and sites. In the light ofincreased use of metal detectors – especially on cultivated areas - theDirectorate for Cultural Heritage issued in June 2017 new national guiding lines for private use of metal detectors, clarifying what to do/not to do, in compliance with relevant legislation.17 5. Protecting Cultural Landscape and Environments5. Protecting CulturalLandscape and EnvironmentsA cultural landscape, as defined by the World Heritage Committee,is the “cultural properties that represent the combined works of na-ture and of man.”Cultural landscapes can range from big rural areas of land to a smallhomestead with a front yard. Like historic buildings and districts, they reveal aspects of our countries’ origins and developmentthrough their form, features, and the ways they were used. Culturallandscapes also reveal much about our evolving relationship with the natural world.There is always a risk that development could transform landscapesand public spaces into more or less uniform areas, with more or less identical shopping centres, office blocks, restaurants and large scalemultiplex cinemas and theatres.Urban development in historic cities is too often a threat to existingculture-historic values.Unfortunately, this pressure on historic cities and their landscapeseems to continue, making urban and landscape conservation one of the most dynamic and important tasks of our time.InDenmark , the notion of „cultural landscape“ is not used, but in-stead the term “valuable landscapes” is used. However, there arelandscapes that, due to their natural heritage and cultural history,can be regarded as cultural environments i.e. buildings, ancient monuments and churches and their surroundings. Cultural envi-ronment thus consists of a whole in the form of an area of some-thing physical (eg buildings, installations, infrastructure, physical remains or tracks) and some cultural history.These are generally protected through the provisions set out in theNature Conservation Act and the Planning Act.InFinland , each and everyone has a responsibility for the culturalheritage according to the Constitution. In addition there are a num-ber of laws that specifically protect the cultural environment.The Land Use and Building Act and the Land Use and Building Regulation play an important role in the protection of cultural landscapes and cultural environments.18 5. Protecting Cultural Landscape and EnvironmentsThe Nature Conservation Act gives the possibility to nurture andpreserve the cultural landscape. One of the goals of the NationalCultural Environment Strategy (2014-2020) is to create a betterunder-standing and appreciation of the cultural landscape.The term “cultural environment” was introduced into the CulturalHeritage Act of Norway when it was revised in 1992. A new provi-sion provided the legal authority to protect a cultural environment because of the value of an area as a whole, even if protection of theindividual elements would not be justified.Examples of what may be designated as a cultural environment in-clude a cluster of historically valuable farm buildings round a court-yard, situated in an agricultural landscape that still shows character-istic features of traditional farming methods, or a fishing village with houses, boathouses, quays and other buildings and installa-tions related to fishing activities. An industrial area with factoriesand workers’ houses is also a cultural environment.Cultural landscape in Valdres, Norway. Photo: Directorate for Cultur-al Heritage19 5. Protecting Cultural Landscape and EnvironmentsThe purpose of cultural heritage management is described in theCultural Heritage Act, which lays down that it is a national respon-sibility to safeguard archaeological and architectural monumentsand sites and cultural environments “as part of our cultural heritage and as an element in the overall environment and resource manage-ment”.In Sweden, the Cultural Environment Act (1988: 950) containsprovisions on the protection of building memorials, church cultural monuments, ancient memorials, antiquities as well as the export ofolder cultural objects. In addition, other parts of the legislationsgive the possibility to establish and protect valuable landscapes of a specific nature.20 6. The Viking heritage – a biased picture6. The Viking heritage –a biased pictureThe Viking heritage offers a potential for the development of cul-tural tourism in the BS area and should be a topic of common in-terest for all the BCPC participating countries. While many of theViking settlements in Northern Europe already exist as heritage sites, less is known about the Viking Route heritage sites located in eastern part of the Baltics and RussiaThe Northern Dimension Partnership on Culture (NDPC) hasidentified Viking heritage as a topic of common interest and decid-ed that a study on the Viking heritage sites in Russia was needed; to have a survey of the sites and information on their state andFrom their home countries, Denmark, Norway and Sweden, the Vi-kings penetrated the known world; from the Caspian Sea in the Eastto the American continent in the West, from Northern to Africa in thesouth, to the Arctic Ocean in the north. Dates indicate known voyages by Vikings.21 6. The Viking heritage – a biased picturedevelopment needs. Eventually the heritage sites located in Russiacould be connected with those located in other countries to com-plete the Viking Route.In the North-West many sites are direct focal points for tourism,and part of international visits. Not at least the ship museums inDenmark and Norway are visited by huge number of tourists fromall over the world. It has to be concluded that the tourist side of the Viking heritage is to a very high degree a Western European phe-nomenon.It can clearly be seen as a biased picture, because the Eastern side ofthe Baltic Sea to a very high degree also was a part of the Viking his-tory; not at least the rivers leading down to Black Sea and CaspianSea.The main objectives of the NDPC project was to map and give anaccount of the Viking Route heritage sites located in Russia, to re-veal the most important of them and to analyse their status today when it comes to maintenance, marketing and open up for tourism,The runic inscription (U209), mentioning Þorsteinn getting rich in Russia. Photo Swedish National Heritage Board.22 6. The Viking heritage – a biased pictureas well as conclude what would be needed in order to develop theViking Route’s potential for international cultural tourism and tocombine it into existing Viking Routes. It was also important to in-dicate the readiness of local stockholders to develop these sites as sites of Viking heritage.The report from the project (Homepage of NDPC: https://www.nd-pculture.org/home) indicates quite clearly that the Scandinavian–Baltic-Russian common history seems to be mostly unfamiliar for many people outside the academic world.The NDPC assignment was concluded in November 2011, and thereport delivered is the base for a short guidebook into Viking histo-ry in the eastern part of the Baltic Sea area. The idea behind thisguidebook is to open up to the public the deep interactions thatwere at hand between the Scandinavian countries and the states on the eastern side of the Baltic Sea in the Viking Age, and point out our common history.Baltic Sea Parliamentary Conference Secretariatwww.bspc.netBSPC Secretariatc/o Lennéstraße 119053 SchwerinGermany