Bettini, Rodrigo, April 1985 - ANALYSIS OF A PROPOSED LAW ON
"CULTURAL RESOURCES MANAGEMENT" IN VENEZUELA
Abstract: Venezuelan cultural legislation is based on the "Law
of Protection and Conservation of Antiquities and Works of Art of
the Nation." This law was enacted in 1945. It was never modified,
and rules and regulations to implement it have never been issued.
The Venezuelan Ministry of Justice published in 1968 a "Draft of
Law on the Guardianship of the Monumental, Historic, and Artistic
Heritage of the Nation." This draft constituted a considerable
improvement over the "Law of 1945," but it was never converted to
law. Due to changes in the structure of some government agencies,
upon which the draft depended, it became obsolete.
The study of the cultural legislation of the United States and
that of other countries awakened the writer's interest to update
and improve the Cultural Resources Management program in
Venezuela. An improvement upon extant legislation is sorely
needed, in view of the increasing damage and destruction cultural
resources are suffering in that country.
In order to avoid legal technicalities which are not of the
writer's competence, the thesis was prepared as an analysis and
critique on the Ministry of Justice's Draft of 1968. Every
article of this draft is quoted and observations and
recommendations are made, as thought to be required. The analysis
of the draft is followed by a set of rules and regulations which
are intended to aid its implementation.
In order to prepare the material for this thesis, it was
necessary to study the cultural legislation of the United States,
Venezuela, and other countries. Extensive consultations with
lawyers, legislators, and anthropologists were held. A cultural
legislation seminar was attended in Venezuela in May of 1984 and
the Second New World Conference on Rescue Archaeology was
attended in Dallas, Texas, in November of 1984.
The Committee on Culture and Education of the Chamber of
Representatives of the Venezuelan Congress was presented with a
rough draft of this thesis in July of 1984. The Committee has
expressed its interest in the finished version. It is expected
that the recommendations contained in this paper will improve
upon the preservation of that country's cultural heritage.
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