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Abstract

With the end of World War I and the collapse of the Ottoman Empire, the British formed their administration in Palestine, which lasted until the establishment of the State of Israel in 1948. Many archaeological projects such as excavations, surveys and the creations of lists of sites and monuments were conducted during this time. The British established the British School of Archaeology in Jerusalem in 1919. In 1929, the British Mandate issued the Antiquities Law which cover all archaeological activities in Palestine. In 1948, Israel gained archaeological sovereignty over its own new territory. At the same time, Jordan assumed responsibilities for the West Bank, where the local Department of Antiquities was combined with the Jordanian Department of Antiquities. Archaeology in the West Bank continued to be conducted mainly by foreign expeditions and institutions. Until 1956, the director of the Department of Antiquities was a British archaeologist, later replaced by Jordanian personnel. The 1967 Six-Day War marked the beginning of Israeli occupation of the West Bank, and the establishment of a Staff Officer for Archaeology. From this point on, it was Israel who conducted archaeological projects in the West Bank, according to its own interests and agendas, while the Palestinians were prevented from carrying out their own excavations and research. This situation changed with the signing of the Oslo Accords and transfer of some areas of the West Bank under Palestinian control. The Palestinian Department of Antiquities, established in 1994, took over all archaeological responsibilities in Areas A and B. The Palestinian adopted the Jordanian Antiquities Law as a temporary law in since the Palestinian National Authority (PA) lacked laws in various areas. However, after twenty-five years the Palestinian amend the Jordanian Antiquities Law, due to the invalidity of many of its provisions, especially with regard to the clause of penalties, punishments and setting the legal framework to protect the Palestinian heritage. Lastly, there was also a sense of urgency to protect local heritage in the face of Israeli expansion in the West Bank. In 2018 The teams of the MoTA with technical and financial support from The United Nations Educational, Scientific and Cultural Organization (UNESCO) and Swedish Government proposed a new version of the Decree Law no. 11/2018 on Tangible Cultural Heritage in Palestine (No. 11/2018). The Law entered into force, after it was signed by President Mahmoud Abbas and published on the official gazette in April 2018. It provides a comprehensive set of provisions on the protection, management, and promotion of Palestinian tangible cultural heritage. The following is the translated Law by the researchers. Key Words: Heritage Law, Cultural Heritage law, Palestine.
دﺪـــﻌﻟا: 8 ﺔﻨﺳ .2020. :تﺎﺤﻔﺼﻟا 01-34 يﺮﺛﻷا ثاﺮﺘﻟا ﺮﺒﻨﻣ ﺔﻠﺠﻣ
ISSN: 2335-1500, EISSN: 2602-7267
1
The Palestinian Tangible Cultural Heritage Law of the Year 2018
ﻲﻨﻴﻄﺴﻠﻔﻟا يدﺎﻤﻟا ﻲﻓﺎﻘﺜﻟا ثاﺮﺘﻟا نﻮﻧﺎﻗ ، ﺮﻬﺷناﺮﻳﺰﺣ مﺎﻌﻟ2018
دﻮﻌﺴﻟا ﻮﺑأ يﺆﻟ
ﻦﻴﻄﺴﻠﻓ ،ﺲﻠﺑﺎﻧ ،ﺔﻴﻨﻃﻮﻟا حﺎﺠﻨﻟا ﺔﻌﻣﺎﺟ ،ﺔﻴﻧﺎﺴﻧﻹا مﻮﻠﻌﻟا ﺔﻴﻠﻛ ،رﺎﺛﻶﻟو ﺔﺣﺎﻴﺴﻟا ﻢﺴﻗ
Loay Abu Alsaud
Department of Tourism and Archaeology, Faculty of Humanities, Nablus,
Palestine
loayabualsaud@najah.edumail: -E
ﺰﻌﻟا ﻮﺑأ ﺪﺠﻣأ
ﻦﻴﻄﺴﻠﻓ ،ﺲﻠﺑﺎﻧ ،ﺔﻴﻨﻃﻮﻟا حﺎﺠﻨﻟا ﺔﻌﻣﺎﺟ ،ﺔﻴﻋﺎﻤﺘﺟﻹا مﻮﻠﻌﻟاو دﺎﺼﺘﻗﻹا ﺔﻴﻠﻛ ،ﺔﻴﺳﺎﻴﺴﻟا مﻮﻠﻌﻟا ﻢﺴﻗ
Amjad Abu El Ezz
Department of Political Science, Faculty of Economics and Social Studies,
An-Najah National University, Nablus, Palestine
E-mail: a.abuelezz@najah.edu
ﻞﺳﺮﻤﻟا ﻒﻟﺆﻤﻟا(ﻦﻴﺘﻐﻠﻟﺎﺑ)ﻞﻣﺎﻜﻟا ﻢﺳﻻا : :ﺴﻟا ﻮﺑأ يﺆﻟ /دﻮﻌLoay Abu Alsaud
:ﻞﻴﻤﻳﻹا loayabualsaud@najah.edu
مﻼﺘﺳﻻا ﺦﻳرﺎﺗ: 06/01 /2020 ﻮﺒﻘﻟا ﺦﻳرﺎﺗ01/02 /2020
ﻔﻟﺆﻤﻟا ﻢﺳإﻦﻴ Loay Abu Alsaud; Amjad Abu El-Ezz ﻘﻤﻟا ناﻮﻨﻋـــــــــلﺎ: The Palestinian Physical Cultural Heritage Law
2
Abstract
With the end of World War I and the collapse of the Ottoman Empire, the
British formed their administration in Palestine, which lasted until the
establishment of the State of Israel in 1948. Many archaeological projects
such as excavations, surveys and the creations of lists of sites and
monuments were conducted during this time. The British established the
British School of Archaeology in Jerusalem in 1919. In 1929, the British
Mandate issued the Antiquities Law which cover all archaeological
activities in Palestine. In 1948, Israel gained archaeological sovereignty
over its own new territory. At the same time, Jordan assumed
responsibilities for the West Bank, where the local Department of
Antiquities was combined with the Jordanian Department of Antiquities.
Archaeology in the West Bank continued to be conducted mainly by foreign
expeditions and institutions. Until 1956, the director of the Department of
Antiquities was a British archaeologist, later replaced by Jordanian
personnel. The 1967 Six-Day War marked the beginning of Israeli
occupation of the West Bank, and the establishment of a Staff Officer for
Archaeology. From this point on, it was Israel who conducted
archaeological projects in the West Bank, according to its own interests and
agendas, while the Palestinians were prevented from carrying out their own
excavations and research. This situation changed with the signing of the
Oslo Accords and transfer of some areas of the West Bank under
Palestinian control. The Palestinian Department of Antiquities, established
in 1994, took over all archaeological responsibilities in Areas A and B.
The Palestinian adopted the Jordanian Antiquities Law as a temporary law
in since the Palestinian National Authority (PA) lacked laws in various
areas. However, after twenty-five years the Palestinian amend the Jordanian
Antiquities Law, due to the invalidity of many of its provisions, especially
with regard to the clause of penalties, punishments and setting the legal
framework to protect the Palestinian heritage. Lastly, there was also a sense
of urgency to protect local heritage in the face of Israeli expansion in the
West Bank.
In 2018 The teams of the MoTA with technical and financial support from
The United Nations Educational, Scientific and Cultural Organization
(UNESCO) and Swedish Government proposed a new version of the
Decree Law no. 11/2018 on Tangible Cultural Heritage in Palestine (No.
11/2018). The Law entered into force, after it was signed by President
Mahmoud Abbas and published on the official gazette in April 2018. It
provides a comprehensive set of provisions on the protection, management,
دﺪـــﻌﻟا: 8 ﺔﻨﺳ .2020. :تﺎﺤﻔﺼﻟا 01-34 يﺮﺛﻷا ثاﺮﺘﻟا ﺮﺒﻨﻣ ﺔﻠﺠﻣ
ISSN: 2335-1500, EISSN: 2602-7267
3
and promotion of Palestinian tangible cultural heritage. The following is the
translated Law by the researchers.
Key Words: Heritage Law, Cultural Heritage law, Palestine.
ﺺﺨﻠﻣ
ﻠﻔﻟا رﺎﺛﻵاو ﺔﺣﺎﻴﺴﻟا ةرازو تﺪﻤﺘﻋا مﺎﻋ ﺎﻬﺴﻴﺳﺄﺗ ﺪﻌﺑ ﺔﻴﻨﻴﻄﺴ1994 ﺎﺛﻵا نﻮﻧﺎﻗ) ﻢﻗر ﻲﻧدرﻷا ر51 مﺎﻌﻟ (
1966 ًﺎﺘﻗﺆﻣ ﻪﺑ ﻞﻤﻌﻠﻟﻨﻃﻮﻟا ﺔﻄﻠﺴﻟا ﺖﻧﺎﻛ ﺚﻴﺣ ،ﻦﻴﻄﺴﻠﻓ ﻲﻓ ﺎﻬﺴﻴﺳﺄﺗ ﺔﻳاﺪﺑ ﻲﻓ ﺔﻴﻨﻴﻄﺴﻠﻔﻟا ﺔﻴ دﻮﺟو ﻰﻟإ ﺮﻘﺘﻔﺗ
ﻦﻴﻧاﻮﻘﻟا ﻧأ ﻻإ .ةﺎﻴﺤﻟا تﻻﺎﺠﻣ ﻰﺘﺷ ﻲﻓ ﻆﺣﻻ ﺎﻬﺴﻴﺳﺄﺗ ﻰﻠﻋ ًﺎﻣﺎﻋ نوﺮﺸﻋو ﺔﺴﻤﺧ ﻦﻣ ﺮﺜﻛأ روﺮﻣ ﺪﻌﺑ
ﻤﻟا وﺆﺴرﺎﺛﻵاو ﺔﺣﺎﻴﺴﻟا ةرازو ﻲﻓ نﻮﻟ ﻲﻧدرﻷا رﺎﺛﻵا نﻮﻧﺎﻗ ﻞﻳﺪﻌﺗ ﻰﻟإ ﺔﺟﺎﺤﻟا
ًﺎﺘﻗﺆﻣ ﻪﺑ لﻮﻤﻌﻤﻟاﺐﺒﺴﺑ ، مﺪ
تﺎﺑﻮﻘﻌﻟا ﺪﻨﺒﺑ ﻖﻠﻌﺘﻳ ﺎﻤﻴﻓ ﺔﺻﺎﺧ ﻩدﻮﻨﺑ ﻦﻣ ﺮﻴﺜﻜﻟا ﺔﻴﺣﻼﺻ ثاﺮﺘﻟا ﺔﻳﺎﻤﺤﻟ ﻲﻨﻣﺰﻟا رﺎﻃﻹا ﺪﻳﺪﺤﺗو . ﻢﻗاﻮﻃ ﺖﻣﺎﻗ ذإ
ﺔﻴﻨﻴﻄﺴﻠﻔﻟا رﺎﺛﻵاو ﺔﺣﺎﻴﺴﻟا ةرازو ﻢﻋﺪﺑﻤﻈﻨﻣ ﻦﻣ ﻲﻟﺎﻣو ﻲﻨﻓ(ﻮﻜﺴﻧﻮﻴﻟا) ﺔﻓﺎﻘﺜﻟاو مﻮﻠﻌﻟاو ﺔﻴﺑﺮﺘﻠﻟ ةﺪﺤﺘﻤﻟا ﻢﻣﻷا
داﺪﻋﺈﺑ ﻦﻴﻄﺴﻠﻓ ﻲﻓ يدﺎﻤﻟا ﻲﻓﺎﻘﺜﻟا ثاﺮﺘﻟا نﻮﻧﺎﻘﻟ ةﺪﻳﺪﺟ ﺔﻐﻴﺻ ﻢﻗر)11 /2018(، ﻴﺋر ﻞﺒﻗ ﻦﻣ ﺎﻬﻌﻴﻗﻮﺗ ﻢﺗ
ﻠﻟا مار ﻲﻓ سﺎﺒﻋ دﻮﻤﺤﻣ ﺪﻴﺴﻟا ﻦﻴﻄﺴﻠﻓ ﺔﻟود ﺦﻳرﺎﺘﺑ 29/04 /2018ﻬﺑ ً
ﻮﻤﻌﻣ نﻮﻜﻴﻟ .ﻢﻛﺎﺤﻤﻟا ﻲﻓ
ً
ءاﺪﺘﺑا ﺔﻴﻨﻴﻄﺴﻠﻔﻟا ﻦﻣ ﺦﻳرﺎﺗ04/06/2018 .
ﻩﺬﻫ ﺔﺳارﺪﻟاو رﺪﺻ يﺬﻟا ﻲﻨﻴﻄﺴﻠﻔﻟا يدﺎﻤﻟا ﻲﻓﺎﻘﺜﻟا ثاﺮﺘﻟا نﻮﻧﺎﻘﻟ ﺔﻤﺟﺮﺗ ﻦﻋ ةرﺎﺒﻋ مﺎﻋ2018 ﻪﻠﻟا مار ﻲﻓ
.ﺔﻴﺑﺮﻌﻟا ﻪﺘﺨﺴﻨﺑﺎﻘﻟا ﺔﻤﺟﺮﺗ نﺎﺜﺣﺎﺒﻟا مﺎﻗ ﺪﻗو ﺚﻴﺣ ﻦﻣ ﻪﺘﺳاردو ﺔﻳﺰﻴﻠﺠﻧﻹا ﺔﻐﻠﻟا ﻰﻟإ نﻮﻧقﺮﻄﺘﻟا ةﻮﻘﻟا طﺎﻘﻧ ﻰﻟإ
،ﻪﻴﻓ ﻒﻌﻀﻟاو ﻠﻋ ءﻮﻀﻟا ﻂﻴﻠﺴﺗ فﺪﻬﺑﻪﺘﻴﻟﺎﻌﻓ ىﺪﻣ فﺪﻬﺑﻄﺴﻠﻓ ﻲﻓ يدﺎﻤﻟا ﻲﻓﺎﻘﺜﻟا ثاﺮﺘﻟا ﺔﻳﺎﻤﺣ ﻦﻣ ﻦﻴ
؛رﺎﺛﻵﺎﺑ رﺎﺠﺗﻹا ؛ﻲﻋﺮﺸﻟا ﺮﻴﻏ ﺐﻴﻘﻨﺘﻟا تﺎﻴﻠﻤﻋ ،ﻚﻟذ ﻰﻟإ ﺔﻓﺎﺿإ .رﺎﺛﻵا صﻮﺼﻟ ﻞﺒﻗ ﻦﻣ جرﺎﺨﻟا ﻰﻟإ ﺎﻬﺒﻳﺮﻬﺗو
ﻘﺜﻟا ثاﺮﺘﻟا ﻰﻠﻋ ﻦﻳﺪﺘﻌﻤﻠﻟ ﺔﺒﺴﻨﻟﺎﺑ ﺔﻟﻮﻬﺴﻟا ﺔﻳﺎﻏ ﻲﻓ ﺖﻧﺎﻛ نأ ﺪﻌﺑ ﺎﻫﺪﻳﺪﺸﺗ ﻢﺗ ﺚﻴﺣ ،تﺎﺑﻮﻘﻌﻟا نﻮﻧﺎﻗ ﻞﻳﺪﻌﺗ ﻲﻓﺎ
.يدﺎﻤﻟا ﺔﻓﺎﺿإ مﺎﻋ ﻞﺒﻗ ﻲﻨﺑ ءﺎﻨﺑ ﻞﻛ ﻞﻤﺸﺘﻟ ثاﺮﺘﻟا ﺔﻳﺎﻤﺤﻟ ﻲﻨﻣﺰﻟا رﺎﻃﻹا ﻊﻴﺳﻮﺗ ﻰﻟإ1917 نﺎﻛ نأ ﺪﻌﺑ ،م
مﺎﻋ ﻞﺒﻗ ﺎﻣ ﻰﻠﻋ ًاﺮﺼﺘﻘﻣ1700ﻦﻴﻧاﻮﻘﻟاو تﺎﻌﻳﺮﺸﺘﻟا ﻲﻓ م ﺔﻴﻧدرﻷا ﻦﻴﻧاﻮﻘﻟا ﺔﺻﺎﺨﺑو ،ﺪﻳﺪﺠﻟا نﻮﻧﺎﻘﻠﻟ ﺔﻘﺑﺎﺴﻟا
.ﺔﻳﺰﻴﻠﺠﻧﻹاو
:ﺔﻴﺣﺎﺘﻔﻤﻟا تﺎﻤﻠﻜﻟا ﻲﻨﻴﻄﺴﻠﻔﻟا رﺎﺛﻵا نﻮﻧﺎﻗ ،ﻲﻓﺎﻘﺜﻟا ثاﺮﺘﻟا ، .ﺔﻴﻨﻴﻄﺴﻠﻔﻟا ﺔﻴﻨﻃﻮﻟا ﺔﻄﻠﺴﻟا
ﻔﻟﺆﻤﻟا ﻢﺳإﻦﻴ Loay Abu Alsaud; Amjad Abu El-Ezz ﻘﻤﻟا ناﻮﻨﻋـــــــــلﺎ: The Palestinian Physical Cultural Heritage Law
4
Historical Review of the Archaeology Legislations and Laws in
Palestine (1884-2019)
The researchers divid the Archaeology legislations and laws in Palestine
into five periods since the ninteenth centruy till 2019. We will discuss it as
the following :
1. The Ottoman Law of 1884-1917
In response to increasing foreign interest in the area and the looting of
archaeological material from the Empire 1, an early Ottoman Antiquities
Law was passed in 1874 for the regulation of antiquities trafficking. This
first antiquities law was primarily aimed at foreign nationals and was
written as a protection mechanism. A later Ottoman law enacted in 1884
(1884 Law) established national patrimony (ownership)2 over all artefacts
in the Ottoman Empire and sought to regulate scientific access to antiquities
and sites (excavation permits were required). Under the law, all artefacts
discovered during excavation were the property of the National Museum in
Constantinople and were to be sent there until those in charge made
decisions about the disposition of the finds. This law could be considered
the first instance that archaeological material from the region was deemed
important enough to pass legislation to ensure its safekeeping. Alternatively
the law could be construed as legalized cultural imperialism3–motivated by
the Ottoman Empire’s desire to appropriate material from its territories
rather than for the preservation of the archaeological legacy of the region.
By controlling archaeological goods and taxing the antiquities sales in the
periphery, the government effectively regulated European access to heritage,
access that had been previously unfettered. Most of the provisions
articulated in the 1884 Law seemed reasonable, but practical enforcement
of this law was virtually impossible. The expanse of the empire was so
great that the Ottoman government did not have enough officials to oversee
and implement the various regulations of the 1884 Law and the inherent
bureaucracy often delayed excavation permits for almost a year4.
1 Marchand, 1996.
2 Kersel, M.M. 2008 : 24.
3 Said, 1995.
4 Gibson, 1999 : 115-143.
دﺪـــﻌﻟا: 8 ﺔﻨﺳ .2020. :تﺎﺤﻔﺼﻟا 01-34 يﺮﺛﻷا ثاﺮﺘﻟا ﺮﺒﻨﻣ ﺔﻠﺠﻣ
ISSN: 2335-1500, EISSN: 2602-7267
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Foreign excavators who previously had unregulated access to the finds from
their forays into the field were extremely dissatisfied with the new
provision that all artefacts had to be vetted by the Imperial Museum in
Constantinople prior to study and/or analysis5.
In an effort to curb the loss of cultural heritage from the empire, Chapter I
Article 8 of the 1884 Law specifically prohibited the exporting of artefacts
without the permission of the Imperial Museum. Even with this provision,
many foreign archaeological missions and locals transgressed the law
almost immediately after its enactment6. A complex smuggling network,
which included Jordan, Lebanon, Palestine, and Syria, developed and
continued through the Mandate period until today.
At the turn of the early 20th century the character of archaeological work in
the region underwent a methodological revolution with the beginning of
stratigraphic excavations at some of the most prominent tells in the region.
Simultaneously, this period saw the decline and collapse of the Ottoman
Empire and the rise of competition for territory by the various European
nations with vested economic and political interests in the area. The region
comprising modern Israel and Palestine was ceded to the British after
World War I and in June 1922 the League of Nations passed The Palestine
Mandate of the League of Nations. The Mandate for Palestine was an
explicit document regarding Britain’s responsibilities and powers of
administration in Palestine including: “securing the establishment of the
Jewish national home”, and “safeguarding the civil and religious rights of
all the inhabitants of Palestine”.7 The British Mandate period, often referred
to as the ‘Golden Age of Archaeology’ 8 saw the establishment of an
efficient, centralized colonial government and the improvement of
transportation and communications throughout the region, as it became one
of the most active centres of excavation and archaeological research in the
worl.9
2. Archaeological Laws during the British Mandate (1917-1948)
5 Bliss, 1906.
6 Shaw, 2003.
7 Preamble, 1922.
8 Silberman, 1998: 9-23.
9 Kersel, M.M. 2008 : 28.
ﻔﻟﺆﻤﻟا ﻢﺳإﻦﻴ Loay Abu Alsaud; Amjad Abu El-Ezz ﻘﻤﻟا ناﻮﻨﻋـــــــــلﺎ: The Palestinian Physical Cultural Heritage Law
6
The British Mandate is conventionally seen as a separate period in the
general and legal history of Israel and Palestine. Prior to 1917, Palestine did
not exist as a political or administrative unit but was simply part of the
greater Ottoman territory. The League of Nations granted Mandate
territories to the Western powers, which were to serve as trustees, usually
for a limited period of time, with the eventual aim of establishing self-rule
for the locals10.
As trustees, the Mandate authority was charged with oversight and
protection of the cultural heritage of its territories. In one of its first actions,
the British Mandate government promulgated an Antiquities Proclamation
in 1918, which noted the importance of the region’s cultural heritage. In
July of 1920, the Mandate civil administration took over from the military
and a Department of Antiquities (DOA) was established with the objective
of overseeing archaeology in the region. With the enactment of the
Antiquities Proclamation of 1918, archaeology and specific archaeological
sites took on a much more professional and bureaucratic legal status
superseding any religious or magical significance previously imbued
through centuries of pilgrimage. The British oversaw the establishment of
the Palestine Archaeological Museum –built to house the administration of
the DOA, public galleries, the archives, a library, and to serve as a
repository of the archaeological riches of the area11.
Archaeologist John Garstang was appointed as the Director of the
Department of Antiquities for Palestine. As one of his first tasks as director,
Garstang formulated an Antiquities Ordinance for Palestine (AO 1920). In a
report of his activities to the Palestine Exploration Fund, 12Garstang stated
that “the Antiquities Ordinance was based not only on the collective advice
of archaeological and legal specialists, but embodied the results of
experience in neighbouring countries.” By using the 1884 Ottoman Law of
Antiquities and the legislative efforts of the surrounding nations as a
springboard, and in consultation with archaeologists and government
officials, Garstang established an antiquities ordinance vesting the
ownership of moveable and immoveable cultural heritage in the Civil
Government of Palestine. The enactment of this ordinance ensured that the
protection and oversight of cultural heritage in Palestine was carried out
locally rather than from a colonial capital. The primary goal of the AO 1920
10 Likhovski, 2006.
11 Cobbing and Tubb, 2005: 69-79.
12 Garsting, 1920:58.
دﺪـــﻌﻟا: 8 ﺔﻨﺳ .2020. :تﺎﺤﻔﺼﻟا 01-34 يﺮﺛﻷا ثاﺮﺘﻟا ﺮﺒﻨﻣ ﺔﻠﺠﻣ
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7
was the protection of archaeological antiquities and sites. The regulation of
ongoing archaeological excavations was monitored by the Department of
Antiquities, as was the sale of artefacts. In response to criticisms of the
earlier 1884 Law by archaeologists and tourists regarding the lack of access
to archaeological material, a provision was included for the sale of material
deemed not required for the national repository–a decision to be made by
the director of the DOA and its advisory board.
The department was given permission by the High Commission to issue
licenses for the trade in antiquities.
In 1920, for the first time, a licensed trade in antiquities was regulated and
overseen by a bureaucratic entity–the Department of Antiquities. Article 21
of The Palestine Mandate of the League of Nations of 1922 further
cemented the right to scientific access for nationals and foreigners by
insuring access to excavations and archaeological research for any member
of the League of Nations. Scientific archaeological enquiry and the
distribution of archaeological material took centre stage during the
mandatory period, embodied in Antiquities Ordinance No. 51 of 1929. In
1929, Antiquities Ordinance No. 51 (AO 1929) was enacted by the High
Commissioner for Palestine; AO 1929 now forms the basis for all current
domestic legislation concerning protection of cultural property in Israel and
Palestine13.
Under this ordinance, the definition of buying and selling of artefacts is
clearly spelled out starting with a basic definition of “to deal”: “‘To deal’ in
antiquities means to engage in the business of buying and selling antiquities
for the purpose of trade; and a ‘dealer’ is a person who is so engaged in that
business.”14. Specific guidelines for obtaining licenses to deal in and export
antiquities are outlined in the ordinance and in the accompanying
Antiquities Rules of 1930 (AR 1930). Article 4 regulated matters of
licensing, including: application procedures, duration of the license and
criteria for obtaining a license; duties of the DOA in oversight of the
process; and the requirement that each dealer inform potential buyers of the
need to acquire an export permit. With the establishment of these provisions
13 Oyediran: 997.
14 AO 1929, Article 2 :1.
ﻔﻟﺆﻤﻟا ﻢﺳإﻦﻴ Loay Abu Alsaud; Amjad Abu El-Ezz ﻘﻤﻟا ناﻮﻨﻋـــــــــلﺎ: The Palestinian Physical Cultural Heritage Law
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and guidelines the previously unregulated activity of selling artefacts was
legislated. Palestinian and Jewish families who had been in the antiquities
business for decades now had to apply for official permission, pay for a
license, submit to inspections by the DOA and provide a detailed list of
their inventory and sales. Many of these requirements for the sale of
antiquities are enforced in the current trade in Israel. This system was/is not
without its detractors.
3. Archaeological Laws during the Jordanian Rule of the West
Bank (1948-1967)
In the post-WWII period, after continued internal revolts in Palestine, the
British withdrew from the region and turned over the question of Palestine
to the United Nations. The United Nations partition plan of 29 November,
1947 divided Palestine into Arab and Jewish states, with Jerusalem under
international rule. Although the Jewish community in Palestine acceded to
the UN plan, Arab populations of Palestine and neighbouring Arab states
were disinclined to accept. In May of 1948, the state of Israel was declared,
eventually encompassing the territory granted to the Jews under the
Partition Plan and a substantial portion of that allotted to the Palestinians.
Full-scale war broke out between Israel and the surrounding Arab nations.
By the end of the war, about three-quarters of a million Palestinians had
been expelled, or had fled, from their homes, villages and towns. In the
aftermath of the war, the Gaza Strip came under the control of Egypt and
the area known as the West Bank and part of Jerusalem were administered
by the nascent Hashemite Kingdom of Jordan. This partition of the region
resulted in three legislative efforts governing the protection of the cultural
heritage, albeit all based on the AO 1929. In the period immediately
following Israeli statehood and the 1948 Arab-Israeli War, the AO of 1929
remained the primary cultural heritage legislation governing the Gaza Strip,
the West Bank, and Israel. In the early days of statehood, Israel kept in
place most of the legislation enacted during the Mandate period. This
reverence for the status quo did not necessarily mean that Israel valued the
British legal system, but Israeli leaders wished to ensure a continuous legal
framework to aid in nation building. In the early days of the state, many of
the deserted Palestinian villages were destroyed–the empty villages were
seen as a ‘silent reminder’ of a displaced population15. The razing of these
15 Kletter, 2006: 44.
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communities also impacted archaeological sites and encouraged looting of
the surrounding areas16. Reports of military looting of archaeological sites
and museums at places like Megiddo and Caesarea led to the establishment
of an Antiquities Unit in July of 1948, charged with oversight of the
archaeological heritage of the region 17 . The Law and Administration
Ordinance (No. 1 of 5708-1948) of Israel reaffirmed the AO of 1929 as the
legislation covering cultural heritage protection. In the Gaza Strip, the AO
1929 remained in force as it did under Jordanian oversight in the West
Bank. In all three areas, the trade in antiquities remained illegal unless the
dealer obtained a license from the respective department of antiquities.
Similarly the export of any antiquity was also prohibited without the
approval of the director of the department of antiquities in each of the three
areas. In the West Bank, the various provisions and regulations in the AO
1929 remained in place until 1966 when Jordan repealed the ordinance,
replacing it with the Jordanian Temporary Law no. 51 on Antiquities 1966.
This statute, which formed the basis for the fifth draft on Palestinian
Cultural Heritage Legislation 2003 currently under review, is very similar
to the AO 1929. The 1966 law declares that antiquities are considered the
property of the state. Provisions for the export of and dealing in antiquities
are almost identical to the AO 1929, although the fines and penalties for
criminal offenses are substantially increased. Since 1967, the West Bank
and the Gaza Strip have been subject to an occupying military government,
with military commanders in each area empowered with administrative,
governmental, and legislative powers. These powers were executed through
a series of Military Orders, two of which directly affected cultural heritage.
In 1973, the Israeli occupation authorities in the Gaza Strip introduced
Military Order No. 462 (1973). The order forbids the sale or transfer of any
antiquity to a person who does not reside in the Gaza Strip, without
permission from the director of the DOA. Permission might be granted with
respect to a class of objects (Article 1); the order also created a new
criminal offense for anyone violating this provision. As they were
instructed under the AO 1929, dealers in antiquities are required to keep a
register of the items in each shop, and failure to comply results in a
16 Ibid. P. 42-82.
17 Kletter, 2006: 28-30.
ﻔﻟﺆﻤﻟا ﻢﺳإﻦﻴ Loay Abu Alsaud; Amjad Abu El-Ezz ﻘﻤﻟا ناﻮﻨﻋـــــــــلﺎ: The Palestinian Physical Cultural Heritage Law
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financial penalty. In 1986, the Israeli occupying forces introduced another
military order (No. 1166), this one concerning antiquities in the West Bank.
This order amended the Jordanian Temporary Law No. 51 on Antiquities of
1966 and authorized the Israeli antiquities staff officer for the West Bank to
exercise most of the regulations contained in the Jordanian law. In order to
export any antiquities from the region (i.e., the West Bank) permission must
be granted by the antiquities staff officer (Military Order No. 1166, 1986:
Article 7). An interesting element in each of these military orders (nos. 462
and 1166) covers the export of antiquities, which now requires a permit
from the occupying authority. Previous legislation in the Gaza Strip and the
West Bank (AO 1929) required that an export permit be obtained for each
individual artefact, rather than a blanket export license as is required under
the new military orders. This effectively weakens the laws. The provisions
of these military orders thus may actually facilitate the movement of
archaeological material across the borders for eventual sale in the legal
market in Israel. Recent reports indicate that the ease of movement of
archaeological material from the West Bank into the legal market in Israel
in the late 1980s/early 1990s allowed for some dealers to ‘legally’ replenish
their dwindling stock18.
4. Archaeological Laws Under the Israeli Occupation of Palestine
(1967-1993)
After years of discussion and wrangling, an Israeli antiquities law was
finally enacted in 1978 (AL 1978). An examination of the IAA archives
uncovered correspondence concerning the drafting of legislation and the
long process of negotiation in order to arrive at an antiquities law that
satisfied most of the actors in the antiquities network. During the
development of the national law, archaeology in Israel metamorphosed into
a national hobby and a tool for enhancing social solidarity, with networks
for establishing national sentiment and allegiance. Israel founds its roots in
the tangible remains of the past. Archaeological focus shifted from
questions of chronology and typology to a larger inquiry into trade relations,
social complexity, and the political structure of past societies. Emphasis
was on scientific endeavours seeking to add to the global discussions of
archaeological method and theory19.
18 Kersel, M.M. 2008 : 28.
19 Gopher, Greenberg and Herzog 2002: 191-203.
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New arrivals to the nascent state all wanted to dig up a piece of their
heritage in order to connect with their ancestors. The demand for antiquities
was burgeoning. Simultaneously, avid collectors like Teddy Kollek and
Moshe Dayan were in positions of political power, acting on behalf of the
dealing and collecting communities to ensure that the traditional enterprise
of dealing in antiquities would be allowed to continue, and in fact, be
sanctioned by the government through new heritage legislation. The AL
1978 has been considered both progressive and regressive. It has been noted
that during the 1970s when it was enacted, the AL 1978 legislation was
considered forward-thinking, particularly its requirement of full scientific
publication for archaeological excavations20 . Contrary to the progressive
understandings of the law, however, the AL 1978 creates a paradoxical
situation whereby excavation without a permit is banned, but provisions for
a trade in archaeological material acquired prior to the enactment of the AL
1978 make Israel what has been referred to as a “collector’s paradise”21.
In conjunction with military orders no. 462 and no. 1166, which potentially
encourage the movement (with approval of the civil administrator) of
material from Palestine, this ironic situation ensures the perpetuation of the
market in antiquities–there is a seemingly unending supply. In 1989, Israel
passed another antiquities law, which established the IAA and articulated
the various bodies associated with archaeological site protection
(Antiquities Authority Law 5749-1989) or AL 1989. The preamble of the
law states: “The Law of the Israel Antiquities Authority states that the IAA
is the organization responsible for all the antiquities of the country,
including the underwater finds. The IAA is authorized to excavate, preserve,
conserve and administrate antiquities when necessary.” Chapter four,
sections 25-26, establish inspectors and give them the right to conduct
searches of suspected offences against the AL 1978. Out of this provision
for inspectors developed the anti-theft unit, whose purpose is to oversee the
licensing of private antiquities dealers. The anti-theft unit ensures that
licensed export is permitted in accordance with conditions of the law and its
regulations. This unit of the IAA is responsible for inspecting commerce in
20 Gropher et al 2002 : 198.
21 Gopher, Greenberg and Herzog 2002: 198.
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antiquities. In 2002, amendments were made to the AL 1978, which
included some new directives for dealers in antiquities.
And yet recent accounts detail the complex networks of trade involved in
selling illegally-acquired items as legitimate artefacts in the legal
marketplace. Artefacts routinely arrive from Palestine, Jordan, Israel and
elsewhere, enter a process of laundering, and then are sold as ‘legally’
exported from licensed dealers in Israel22.
The Israeli legal venue that allows the sale of illegally-excavated artefacts
provides an impetus for looting. Artefacts, many from the West Bank and
Gaza, routinely make their way into the legitimate marketplace through a
system of laundering and reuse of inventory numbers. Dealers are not
required to provide export permits for the goods they sell; the onus is on the
purchaser to request one and if none is requested then there is no real record
of the sale (an export license is issued by the Israel Antiquities Authority
after the item has been verified as part of a registered dealer’s inventory).
The inventory number for the sold item can then be reassigned to a similar
recentlylooted item, thus laundering the artefact. Palestine has not yet
enacted heritage legislation prohibiting the movement of archaeological
material across its borders, so artefacts are entering the legal market in
Israel at an alarming rate23.
5. Palestinian Authority Cultural Heritage Law (1993-2019)
Following the Palestinian-Israeli agreement in 1993, Jericho and the Gaza
Strip were placed under the control of the Palestinian Authority (PA);
subsequently in 1994 and 1995, the PA was given jurisdiction over areas of
the West Bank. Under the Oslo II Agreement there is to be a phased transfer
of responsibility for archaeology from Israel’s Civil Administration to PA.
Although not strictly part of internal domestic law, these agreements have
serious implications for the protection of cultural heritage and the
administration of archaeological sites. Under the terms of the handover,
control of archaeology is limited to areas under the territorial jurisdiction of
Palestine (areas A and B, approximately 40 percent of the land), meaning
that Israel still maintains control of the administration of cultural heritage in
some areas of Palestine. Under Article 2(3) of the Oslo II Agreement, the
PA is obligated to prevent damage and to safeguard sites. The Palestinian
Authority must also ensure free access to archaeological sites, which are
regarded as holy or which hold special archaeological value (Article 2(7)).
22 Kersel, 2006 : 188-205
23 Ibid.
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No such reciprocal provision is expected of the Civil Administration and in
some cases Palestinians are denied access to those sites in Palestine under
Israeli jurisdiction.
However, both sides are to undertake steps to prevent theft from
archaeological sites and to enforce prohibitions on illegal trading to prevent
the movement of material from the West Bank and the Gaza Strip to Israel
and abroad (Oslo II Agreement Section 5.2). Furthering this goal, in 1996,
Palestine banned the legal trade in antiquities in the areas under their
jurisdiction, effectively putting dealers in Bethlehem, Hebron, Jericho, and
the Gaza Strip out of business. Established in the early days of the Oslo II
Agreement, the Palestinian DOA inherited the various legislative efforts
(AO 1929, Temporary Law No. 51 on Antiquities of Jordan, and Israeli
military orders No. 462 and No. 1166) aimed at cultural heritage protection.
In an effort to combat any deficiencies24, loopholes and contradictions in
these laws, the Palestinian DOA has drafted legislation (5th Draft Cultural
and Natural Heritage Law 2003) that “takes into consideration the scientific,
legal and conceptual development of archaeology to the present time.”25
Although strengthening some aspects of cultural heritage protection, the
draft legislation is somewhat vague on issues of national patrimony and the
legal trade in antiquities. For example, Article 3, under Objectives of the
Draft Law, states: “This law aims at enhancing and ensuring the protection
of Cultural and Natural Heritage in Palestine which belongs to the
Palestinian people, in full respect of private ownership [emphasis mine].
This article is vastly different from the AL 1978, which states: “2. (a)
Where an antiquity is discovered or found in Israel after the coming into
force of this Law, it shall within boundaries fixed by the Director become
the property of the State [emphasis mine] (AL 1978 Chapter 2 Section
2(a)). This leads to the question of whether the new cultural heritage law in
Palestine is a national patrimony law. Later Articles (7 and 8) covering
private ownership, exportation, and the trade in antiquities indicate that the
private sale and ownership of cultural heritage is permitted but with the
permission of the Palestinian government, although there appear to be some
contradictions within the text.
24 Taha 2002: 265-270.
25 Ibid.
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Later in the draft under Section IV Article 10, a set of articles prohibit the
permanent export of local heritage, the alienation of archaeological objects
that cannot be freely traded’, and sets conditions for the disposition (sale)
of local heritage, including annual authorization. Section IV, Article 19(3)
is the most relevant to the question of whether Palestinian is considering a
legal sale in antiquities. It reads: “The Commission shall put in place a trade
authorization system in local cultural Heritage specifying the requirements,
procedures, authorization fees, eligible persons, and establishing the
registers of cultural Heritage authorized for trade.” During the course of my
research, I was repeatedly told by archaeologists, government employees,
lawyers and heritage practitioners that Palestine was considering a legal
trade in antiquities. The sale of artefacts and relics has been a way of life
for many Palestinians families for centuries, many of whom moved their
businesses to the Old City after the Palestinian Authority banned the legal
sale of artefacts in 1996. Of those dealers registered by the IAA, 57 percent
are Palestinian. Both Israeli and Palestinian dealers told me that some of
their most regular clientele are wealthy Palestinians (either in the region or
in the Diaspora). The impetus to establish a legally-sanctioned sale of
antiquities comes from both the business and private communities in
Palestine. The drafters of the legislation are convinced that the new law
with the provision to trade in antiquities will ensure greater protection of
the cultural heritage of Palestine. Added to this is the thriving legal market
in Israel, which is, in part, fed with looted artefacts from Palestine26, and the
potential for increased tourism as normalcy returns to the region. With the
implementation of the AL 1978, the legally-sanctioned sale of antiquities
(from existing pre-1798 collections and inventory) became a bureaucratic
entity. Section IV, Article 10(3) of the draft legislation of the Palestinian
Authority leaves the prospect of a legal sale open to interpretation and
future implementation. The entire enterprise of a legal sale still bears the
imprimatur of the landmark AO of 1929–the legacy of the British Mandate
period and the forces of tourism and consumer demand. The distribution of
archaeological material in the region is a long-enshrined practice in the area
and has become intertwined with national identity in both Israel and
Palestine. This enterprise, while a long-entrenched activity, is not without
its detractors and logistical problems of oversight and illegalities, evidenced
in both archival record and current ethnographic accounts.
26 Kersel, 2006: 81.
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Conclusion
As introduced in the introduction of this pepper the Palestinian heritage
and archeological sites were victims of various laws are generally out of
date and sometimes even contradict one another. the legislative colonial
legacies of the Ottoman, the British Mandate, the Jordanians, the Egyptians,
Israeli military orders, and the 1995 Oslo II Accords, which carved the
Occupied Territories into a complex mosaic of areas—A, B, and C— have
resulted in fractured oversight of heritage sites and objects27. One of the
major challenges for the protection of cultural heritage Palestine is the lack
of an updated and common legislative framework for cultural heritage,
encompassing different forms of heritage, and able to meet the needs of
today’s Palestinian society.
It is noteworthy also mentioning that the Palestinian symbols of identity
rely more on movable objects than on immovable heritage, this due cording
to Parkin to “many of them being refugees. Personal objects taken by
refugees in flight can be seen as ancestral mementoes, which convey
generational continuity and socio-cultural symbolism”28. However, As the
law above indicates following the Oslo Accords, Palestinian efforts to
promote their collective narrative have been increasing. The Tangible
Cultural Heritage Law is a clear example of Palestinian attempts to protect
Palestinian heritage and archaeological sites. This paper is a translation of
the Palestinian Tangible Cultural Heritage Law, which was issued in
Arabic. The researchers have translated the law into English and studied it
in terms of addressing the strengths and weaknesses of it, with the aim of
highlighting its effectiveness in protecting cultural material and Palestinian
heritage in Palestine from illegal excavations, looters, trafficking antiquities
and smuggling them abroad by antiquities smugglers. Before adopting the
Tangible Cultural Heritage Law, they were considered inadequate to protect
27 Kersel, M.M. 2015, Pp.: 24-44.
28 Parkin, D. 1999. Pp.: 303-320.
ﻔﻟﺆﻤﻟا ﻢﺳإﻦﻴ Loay Abu Alsaud; Amjad Abu El-Ezz ﻘﻤﻟا ناﻮﻨﻋـــــــــلﺎ: The Palestinian Physical Cultural Heritage Law
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Palestinian heritage sites and cultural properties, especially in light of the
numerous challenges given by the prevailing circumstances.
The Palestinian efforts to institutionalize the Palestinian antiquities sector
and establishing its legal framework derives from the motives of rebuilding
and restoring of the Palestinian past, collective memory and social
identity” 29 According to Taha and Jaradat the new laws being invoked
move “beyond narrow definitions and ancient periods to include many
different categories of cultural resources including archaeological sites,
historical buildings and features, and significant vernacular architecture”.30
Moreover, the new legislation emphasizes the integrity of different
components of cultural heritage, and protects historical centres as well as
cultural and natural landscapes.31 In addition, the translation shows that the
penal code was amended, as it was tightened after being very soft on looters
of archaeological sites, Article 27 of the law states that "no person shall
acquire illicitly, forge, destroy, ruin, tarnish, sell or trade in movable
cultural heritage … or partake in any activities that might lead to smuggling
or depriving movable heritage of its value.” The potential penalty
is imprisonment between seven and 10 years or a fine that ranges between
20,000 Jordanian dinars (around $29,000) and 50,000 dinars (around
$72,000). In addition, the law expands the timeframe of heritage protection
to all structures built before 1917 AD, whereas the previous legislation had
limited the protection timeframe to heritage only dating back to before 1700
AD. Moreover, the new law sets forth another framework by virtue of
which protection provided to the elements of tangible cultural heritage may
be expanded if these elements are of a cultural, economic, or natural value.
A comprehensive national inventory of all tangible cultural heritage in
Palestine will also be established under this Decree Law.
Needless to say that the new Palestinian antiquities law will contribute to
the protection of the tangible cultural heritage in Palestine, but it is
premature to judge the law and its effectiveness, especially since it came
into force recently. In addition, there are many challenges facing the law
that will determine its success and effectiveness in the coming years, on top
of them the legal challenge (Jurisdiction).
The first challenge is the extent of the ability to apply the law against
violators and perpetrators of crimes related to Palestinian antiquities due to
29 De Cesari, C. 2010a. Pp.: 625-637
30 Taha, H and M Jaradat 2009.
31 Ibid
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the deficient sovereignty of the Palestinian Authority over its territory.
According to the Oslo Accords, signed by the Palestine Liberation
Organization (PLO) and Israel in 1993 and 1995. occupied West Bank was
divided into three areas - A, B and C . Today, Area A constitutes 18 percent
of the West Bank. The Palestinian Authority (PA) controls most affairs in
this area, including internal security. In Area B, which comprises about 21
percent of the West Bank, the PA controls education, health and the
economy. In both areas, Israeli authorities have full external security
control. This means that the Israeli military retains the right to enter these
areas at any time, typically to raid homes or detain individuals under the
pretext of security. About 2.8 million Palestinians live crowded into Areas
A and B whose major Palestinian cities and towns are Hebron, Ramallah,
Bethlehem and Nablus32. Area C is the largest section of the West Bank,
comprising about 60 percent of the Palestinian territory. It is also the site of
the vast majority of the more than 200 illegal Jewish settlements in the
West Bank, where more than 400,000 settlers live. Under the terms of the
handover, control of archaeology is limited to areas under the territorial
jurisdiction of Palestine (areas A and B, approximately 40 percent of the
land), meaning that Israel still maintains control of the administration of
cultural heritage in some areas of Palestine33 According to the Ministry of
Tourism and Antiquities, Gaza and the West Bank are home to 7,000
archaeological sites and 50,000 historic buildings, and more than 60% of
them are located in Area C.34
As a result of weak presence of the PA in area C hundreds of archaeological
sites “have been looted and plundered during the years of occupation, and
there has been an active illegal trade in cultural property and many sites
have been abandoned and left without any protection.” 35 than 60% of
archaeological sites in the Palestinian occupied territories are located in
Area C. The sites in the area include Sebastia, a site that has been home
32 Opportunities and Challenges of Palestinian Development Actions in Area CM Special report:
https://www.arij.org/files/arijadmin/2017/areac_report_2017.pdf. Accessed on the 2/1/2020
33 Morag M. Kersel, 2008.
34 Interview with Hassan al-Jamal, chief of the Antiquity and Tourism Police> available at:
https://www.al-monitor.com/pulse/originals/2019/07/palestine-police-battles-with-antiques-
smuggling.html. Accessed on the 06/01/2020
35 Ilan, D, U Dahari and G Avni 1989. Pp.: 38, 42.
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18
to many civilizations since 876 B.C. and on the tentative heritage list of
UNESCO. 36In an interview Hassan al-Jamal, chief of the Antiquity and
Tourism Police, said that the smuggling exists in all areas of the West Bank,
because the Palestinian Authority (PA) does not control the borders and
Palestinian and Israeli security powers overlap, specifically in Area C
territories.37 A detailed ministry study from 2010 estimated that an average
of 100,000 pieces — big and small — were smuggled outside Palestine
every year. The study said that 85% of these antiquities were smuggled to
Israeli parties.38
In the light of these challenges, to wat extent the Palestinian judicial system
and courts will implement the new law? Will the judiciary enjoy its
independence in implementing the antiquities law, or will the executive
power interfere in the implementation process of the law and seek to
influence it? In addition, there are some weaknesses in the new law, which
we present as follows: The text of the law suffers from language mistakes
which is written, in Arabic. In the law they use the term cultural heritage
instead of the term antiquities or archaeology. Some sentence of the law is
very weak and not understandable for example, the following sentence and
articles: Chapter V, Article (24), TRACK 3. « Human, animal or plant
remains that date before to 200 AD. It should be 1917 and why it written
AD? The new law didn’t include the risk premium for whom works in the
field of an archaeological excavations.
39
Law No. (11) Of 2018 on, the Palestinian Physical Cultural Heritage Law-Resolution
The President of the State of Palestine
The Chairman of the Executive Committee of the Palestine Liberation Organization
In accordance with the provisions of the Basic Law amended in 2003, and its amendments,
especially the provisions of Article (43) thereof, and after reviewing the provisions of the Law of
Old Antiquities (Part 5) of 1929 and its Amendments, in force in the Southern Governorates, Penal
Law No. (74) Of 1936 and its amendments, in force in the southern governorates, and the
36 Interview with Hassan al-Jamal, chief of the Antiquity and Tourism Police> available at:
https://www.al-monitor.com/pulse/originals/2019/07/palestine-police-battles-with-antiques-
smuggling.html. Accessed on the 06/01/2020
37 Ibid
38 Ibid
39 This law was published in: Palestinian Official Gazette (Official Journal). Issued by: Advisory
and Legislation Bureau. Excellent Number (16). Contact: Advisory and Legislation Bureau.
Ramallah, Avenue. Al-Masyon, Al-Barqawi Building, In front of Movenbeq (Mellenium) Hotel.
Telephone: 00972 22971654; Fax: 00972 22986008. E-mail: og@lab.pna.ps
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provisions of the Penal Code No. (16) For the year 1960 and its amendments, in force in the
Northern Governorates, and the provisions of the provisional Antiquities Law No. (51) Of 1966
and its amendments, applicable in the Northern Governorates, and the provisions of the Act
Temporary Palestinian Antiquities Museum No. (72) Since the year 1966 and its amendments, in
force in the northern governorates, and the provisions of the Code of Criminal Procedure No. (3)
For the year 2001 and its amendments, and upon the recommendation of the Council of Ministers
on 20/03/2018, and the powers vested in us, and in the interest of the public and in the name of the
Palestinian People we issued the following law:
Chapter I
Definitions and General Provisions
The words and terminologies contained in this resolution shall have the meanings assigned to them
below, unless the context indicates otherwise:
State: The State of Palestine.
Ministry: Ministry of Tourism and Antiquities
The Minister: The Minister of Tourism and Antiquities.
The Council: The Advisory Council for the tangible Cultural Heritage.
Heritage: movable or immovable cultural property located on the surface of the earth or
in the ground or submerged in the water in whole or in part, and dates back to before
1917, or to a later date, in accordance with the provisions of this law.
Immovable Heritage: Cultural property is inherently immovable from one place to
another.
Movable Heritage: Cultural property separate from the ground that can be moved from
place to another according to its nature.
Registered Heritage: The Heritage to which the Ministry has issued a certificate of
registration in the register.
Protection Plans: Plans approved by the Ministry for the protection, development,
management, and preservation of heritage and its implementation mechanisms.
Preservation of Heritage: Levels of technical and scientific intervention, aimed at
demonstrating its importance, and its use in ways that ensure its survival and preservation.
The Surrounding Area: The area neighboring to the immovable heritage, which is
considered a natural, environmental, visual or legal extension of this site and is an
integral part thereof.
Heritage Promotion: Ways and tools available to promote and use heritage for cultural,
educational, social, tourism, commercial and economic purposes.
Heritage owner: The owner of the heritage since of ownership, lease, investment or other
legal acts requirements determined by applicable laws.
Survey: A scientific field work program to study, identify the heritage sites, their features
and components appearing on the surface of the earth. Identifying their residues and
physical remains, using topographic maps, aerial photographs, and scientific methods
used in the detection of heritage sites and monuments.
The Excavations :A field work program to inspect, record, interpret and search for
heritage sites and other remains in a particular location on land or under water.
Heritage Inventory: Inventory of heritage sites in the state and the surrounding areas,
classifying them, determining their importance, origin, history, and the purpose of their
use.
Preliminary Lists: The primary lists prepared by the Ministry for the purposes of
recording the heritage in the Register.
ﻔﻟﺆﻤﻟا ﻢﺳإﻦﻴ Loay Abu Alsaud; Amjad Abu El-Ezz ﻘﻤﻟا ناﻮﻨﻋـــــــــلﺎ: The Palestinian Physical Cultural Heritage Law
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License: The document issued by the Ministry granting the licensee to carry out the
works specified in accordance with the provisions of this law.
Written Authorization: The Ministry's approval to authorize the applicant to obtain a
license from the competent authorities to carry out the work specified in accordance with
the provisions of this law.
Article (1)
The words and expressions contained in this resolution shall have the meanings assigned to them
below, unless the context indicates otherwise:
State: The State of Palestine. Ministry: Ministry of Tourism and Antiquities.
The Minister: The Minister of Tourism and Antiquities.
The Council: The Council for the tangible Cultural Heritage.
Article (2)
The provisions of this law shall be applied by law to the tangible cultural heritage located on the
surface or in the ground or underwater in whole or in part in the State.
Article (3)
This law aims to achieve the following:
1. Protect and preserve the state's heritage and preserving it for future generations.
2. Identify and manage Palestinian heritage in an optimal manner.
3. Preserving the cultural and civilizational identity of the State.
Article (4)
1) Tangible and not tangible cultural property is considered a heritage in one of the
following cases:
A. It dates back to before 1917.
B. It dates back to 1917 and enjoys one of the following:
1) Cultural Importance: Historical, rare, aesthetic, artistic, social, scientific and religious
value .architectural, spiritual, symbolic, representational and interactive cultural heritage for
current generations and upcoming.
2) Economic Importance: Values associated with direct and indirect economic dimensions and
impacts. It is a national resource that contributes to the local and national economy and its
development.
3) Natural Importance: Values associated with heritage, and are part of its environment,
components , cultural landscape and natural.
2) A decision shall be issued by the Minister considering the immovable or movable cultural
property specified in item (B) of paragraph (1) of this Article, heritage.
Article (5)
1) Heritage found in the State or in its territorial waters, or discovered as a result of
legitimate excavations or unlawful, or by chance, a public domain, except for the heritage
of which the owners prove their ownership by legal basis.
2) Ownership of the property shall not give the holder the right to dispose of the heritage
located on its surface or in the interior thereof, nor shall it grant it. The right of
exploration, except in accordance with the provisions of this law.
3) State-owned heritage shall not be sold, donated, suspended or waived for any reason
whatsoever.
4) Heritage remains in the hand of its holder, and the holder doesn’t have the right of
disposition of the remains except with the provisions of this resolution.
Article (6)
The Ministry shall be the political, legal and administrative authority for heritage in the State and
shall carry out the following tasks:
1. Introduce heritage and promote awareness about its importance.
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2. Protect heritage from any attacks, maintain and restore it to preserve it.
3. Inventory the heritage and classify it according to its importance and record it in the Register.
4. Supervise the heritage museums and follow up their activities.
5. Support the Identification of heritage areas and their boundaries, and their inclusion in maps and
structural and master plans; in cooperation and coordination with the Ministry of Local
Government.
6. Manage and invest in heritage sites.
7. Prepare the necessary files for nomination and include heritage sites of international distinctive
value on the list of World Heritage Foundation in coordination with the competent authorities.
8. Any other functions under the provisions of this law.
Article (7)
1) No one shall carry out works related to the preservation, restoration, conservation or
excavation of ruins as determined by the provisions of this law, only after until they have
obtained a license from the Ministry.
2) The conditions and procedures for licensing shall be determined by a regulation issued by
the Council of Ministers
Article (8)
1) The Ministry shall establish a fund for the protection of heritage aimed at:
A. Providing the necessary funds for the purchase, preservation and restoration of
heritage and its reconstruction.
B. Provide loans and financial assistance to encourage heritage holders to carry out
restoration work.
2) The mechanism of the fund and how to provide the necessary funds shall be determined
with regards to a regulation issued by the Fund Council of Ministers.
Article (9)
A decision shall be issued by the Minister specifying the competent officials in the Ministry, who
shall have the disciplinary status to carry out the following tasks:
1. The seizure of illegally acquired heritage in accordance with the provisions of this Law.
2. Conducting inspections of heritage sites or seizures, and issuing their own records.
3. Stopping any acts or attacks on heritage sites, and controlling the tools used in such works.
4. Take all necessary measures to protect heritage.
5. Reservation of the person responsible for assaulting the heritage and referring het the
competent authorities.
Chapter II
Heritage Advisory Board
Article (10)
1) The Advisory Council for Heritage shall be established by the provisions of this
Law and shall consist of thirteen members headed by the Minister, and the
membership of:
A. Deputy Undersecretary.
B. Assistant Undersecretary for Heritage.
C. Assistant Undersecretary for Tourism.
D. Representing the following governmental institutions not less than a General
Manager :
1. Ministry of Local Government.
2. Ministry of Endowment (Awqaf) and Religious Affairs.
3. The Land Authority.
4. Environmental Quality Authority.
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The President of the Council shall issue a decision approving the members of the Board
specified in items (E, F, and G) of Paragraph (1) of this Article, after consultation with the
relevant authorities.
Article (11)
A. Specialized representatives of academic institutions.
B. Experienced representatives of NGOs working in the field of heritage.
C. A representative with experience in heritage.
The Board shall perform the following tasks:
1. Propose guidelines for the conservation, protection, management and development
of heritage.
2. Discuss the strategic heritage plan.
3. Seeking a mechanism to provide the necessary financial support for heritage
conservation projects.
4. Propose the registration of heritage on the Register or its inclusion in the Tentative
List and the World Heritage List.
5. Advise to manage and preserve sites on the World Heritage List.
6. The formation of specialized technical committees to carry out the tasks specified
under the provisions of this resolution by law.
7. Any other issues submitted by the President of the Council.
Article (12)
1. The Council shall hold a regular meeting every three months. An extraordinary
meeting may be convened at the request of the Chairman or the Board or at the
request of at least one third of its members.
2. The meeting of the Council shall be valid in the presence of an absolute majority of
its members and shall take its decisions by a majority vote. In case of equal votes,
the side in which the chair of the session is likely shall prevail.
3. The Council shall have the right to invite specialists from individuals or
governmental or non-governmental organizations to attend to hear their views on the
topics on the agenda, without having a right to vote.
4. The President of the Council shall issue by-laws to regulate the work of the Council.
Chapter III
Preservation of immovable cultural heritage
Article (13)
Immovable cultural heritage is considered as one of the following:
1. Archaeological sites: abandoned or destroyed sites or parts or any additions including
soil, water, underground and ground water containing associated constructors, heritage
casts, and any other remains, in the form of a ruin, a Tell or a facility of a religious
nature. These include villages, ancient cities and communities, where surveys show
evidence of past civilizations.
2. Monuments (Monuments, structures): The material remains that appear individually or
as part of buildings, installations or elements consisting of architectural works, sculpted
monuments, archaeological or engineering constructs, in addition to their surroundings,
attachments, installation, installation and equipment, and whose protection constitutes a
public or national interest or regional or local.
3. Historic Areas: Areas with a homogeneous urban form such as the centers of cities and
villages or parts thereof, which contain architectural elements, such as streets, alleys,
squares and arches, and are considered interconnected and homogeneous and their
location in the scene of historical, artistic, scientific or spiritual value.
4. Single buildings: Buildings that are outside and not connected to historical areas, and
contain architectural elements.
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5. Cultural Landscape: Areas that include a tangible and distinctive product of the
interaction between man and nature, are the legacy of many epochs of cultural and
natural development of many generations of human effort, and are of global, regional or
national importance.
Article (14)
The holder of the fixed heritage shall comply with the technical standards set by the Ministry in
carrying out the following actions:
A. Keep it from damage or collapse or change its features.
B. Maintenance and restoration.
C. If the holder of a fixed heritage fails to carry out the works referred to in paragraph (1) of
this Article, the Ministry may give him a specified period for carrying out such works, or
take the necessary measures to preserve, protect it, and carry out maintenance and
restoration work at the expense of the holder.
Article (15)
It is forbidden for any person to perform any of the following acts:
1. Blur, distort, vandalize, alter, and destroy or affect any element of the immoveable
heritage or its components.
2. Removing or moving any item or component of the heritage, or writing or engraving on it.
3. Dumping of waste, or soil at the immovable heritage site and the surrounding area.
4. Sale, purchase or circulation of any material extracted from an immovable heritage site.
5. Carrying out excavations or excavations at immovable heritage sites or other sites in
search of golden burials or any other burials, even if they are in his own property.
Article) 16)
1. The holder of the immovable heritage loses his possession in one of the following cases:
A. If it is proved unable to meet the requirements of its preservation and protection.
B. If he neglects his duties stipulated in this resolution by law.
2. If one of the cases provided for in paragraph (1) of this Article is available, the Ministry
may acquire the fixed heritage after paying a fair compensation in accordance with the
provisions of the legislation in force.
3. The Ministry shall determine the methods of managing and investing the acquired
heritage.
Article (17)
The competent authorities may not issue a license to carry out the following activities, unless the
applicant obtains prior written permission from the Ministry:
1. Place banners or commercial advertisements or installing visible antennas or pipes on the
facades and ceilings of immovable heritage or affixing symbols to it.
2. Construction, demolition, demolition or addition of existing buildings.
3. Implementation of infrastructure works in the heritage site and the surrounding area.
4. Sell or buy tangible heritage.
5. Carry out any agricultural, investment, industrial or commercial activities in the heritage
site and the surrounding area.
6. Transfer of ownership of the immovable heritage registered in the Register.
7. Demolition of the permanent heritage site in whole or in part.
Article (18)
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1. The Ministry shall determine the borders of the immovable heritage site and the
surrounding area according to its importance and the requirements for its preservation and
protect it.
2. The Ministry may close the immovable heritage site and not allow anyone to enter it
without written permission if such action is necessary to preserve and protect it.
Article (19)
Local authorities, in coordination with the Ministry, shall take the following measures to
protect the fixed heritage:
1. Close down immovable heritage sites, and place fences around them and guard them.
2. Creating signs and facilitating access to them.
Article (20)
If the possessor of the immovable heritage wishes to sell it, the Ministry has the right and priority
to purchase it.
Chapter IV
Protection of Historical Areas and Cultural Landscape
Article (21)
The Ministry, in cooperation with local authorities, defines the borders of historic areas and the
surrounding area to preserve them and protect their cultural landscape.
Article (22)
It is prohibited for any person to perform any of the following acts:
1. Remove and demolish or mutilate any of the components of the architectural fabric in
historical areas, individual buildings or cultural landscape.
2. Construction in squares, yards, corridors, alleys and streets of historical areas.
Article (23)
1. A modern building may be built or added in historical areas or individual buildings, after
obtaining Written authorization from the Ministry in one of the following cases:
A. Building in empty plots that are not occupied by any building.
B. Construction in a historic building is completely demolished, but provide evidence that
the demolition was not contrary to the provisions of this law.
2. It is permissible to add or construct a building in the sites of the cultural scene and the
surrounding area, or to carry out infrastructure works and establish major projects after
obtaining the written permission of the Ministry, and prepare a study to assess the cultural
and environmental impacts.
Chapter V
Protection of movable Heritage
Article (24)
It is considered the following as heritage:
1. Sculptures, pottery, artifacts, coins, postage stamps, photographs, inscriptions,
manuscripts, archive documents, textiles, coins, seals, jeweler, traditional clothing,
weapons and articles, whatever their material, purpose of use, and use.
2. Archaeological finds and the remains of burials and pieces resulting from explorations
and scientific research on land and under water.
3. Human, animal or plant remains that date back to 200 AD.
4. Handicrafts and crafts, such as embroidery, ceramics and paintings.
5. Museum and private heritage collections.
Article (25)
The possessor of the relocated heritage shall:
1) Maintain and protecting it, and not making any change in it.
2) Provide the Ministry with a list of the relocated heritage held every three
years, or at the request of the Ministry.
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3) Allow the Ministry to inspect the heritage collections in its possession, and
conduct studies and research related thereto.
4) Inform the Ministry in writing if relocated heritage is threatened with damage
or distortion to take the necessary measures to keep it.
5) Inform the police and the Ministry as soon as the lost or stolen heritage is
discovered.
Article (26)
It is prohibited to perform any of the following activities unless a license is obtained from the
Ministry:
1) Make any change to, restore or maintain the relocated heritage.
2) Copying or duplicating the heritage relocated for legitimate use as determined by the
Ministry.
3) Acquisition of movable heritage collections.
4) Lending the removable heritage inside and outside Palestine.
5) Organizing exhibitions of the original and duplicated heritage.
6) Sale or purchase of the ruins and soil of heritage sites or their use in construction,
maintenance or transport.
Article (27)
Any person shall be banned from any of the following acts:
1) Possession of illegally relocated heritage.
2) Forging the movable heritage.
3) Destroying and damaging or distorting any transmitted heritage.
4) Trafficking or doing business with movable heritage, including foreign heritage.
5) Smuggling of heritage relocated abroad or participating in any acts that lead to it.
6) To take any action leading to the loss of the relocated heritage for the importance for
which it was registered.
Article (28)
1) The removed heritage may be entered into the State after obtaining the written
permission of the Ministry or its representative abroad.
2) The granting of permission to enter the heritage transferred to the State shall be as
follows:
A.The country of origin isknown.
B.Export from the country of origin must be licensed.
If the entry for one of the following reasons:
1. Secondment or exhibition in museums or exhibitions.
2. Within the holdings of the diplomatic corps.
3. Amateur Collectibles.
4. Access to Palestinian possession by inheritance.
Article (29)
The Ministry has the right to return relocated heritage to the State of Origin upon its request,
provided that :
1. The relocated heritage entered the state illegally
2. Reciprocity treatment.
3. The State of origin shall submit the necessary evidence and documents proving the
legitimacy of its request for its return.
4. The State of origin shall bear all expenses resulting from its return.
5. Not to impose any customs and duties or other fees on return it.
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6. The State of origin shall pay fair compensation to the buyer in good faith.
Article (30)
1) Movable Heritage within or outside the State may be seconded for a specified period for the
following purposes:
A.Study and scientific research.
B. Display in national or foreign museums.
C.Maintenance and restoration.
2) To lend the movable heritage requires the following:
A.Proof that the consignee with a guarantee accepted by the Ministry.
B.Return of it as it was when was seconded.
C.The commitment of the heritage holder to provide the Ministry with a copy of
the study report on loan.
D.The procedures, conditions and duration of the secondment shall be
determined by a regulation issued by the Council of Ministers.
Article (31)
1)Anyone who has discovered or is aware of the discovery of a submerged heritage site,
or accidentally recovered the ruins of ships, or movable heritage pieces, shall:
A.Leave it in place.
B.Do not damage or change them.
C.Inform the police where they are.
2) The police shall hand over the heritage items to the Ministry according to an official
record.
3) The Ministry shall take the necessary measures to preserve the underwater heritage or
recovered from it in the event of a danger to its safety or survival.
Article (32)
1) The Palestinian Antiquities Museum in Jerusalem is a national museum of the State. The
Ministry shall have the right to:
A.Creation of museums.
B.Granting license to third parties or government agencies to establish museums.
2) A regulation shall be issued by the Council of Ministers to regulate the work of museums and
determine their relationship with foreign museums and other relevant museums.
Article (33)
1) The Ministry shall take the following measures to protect heritage in the event of
armed conflict:
A.Documentation and photograph protected heritage.
B.Develop contingency plans.
C. Construction of hidey-hole dedicated to heritage preservation.
D.Provide enhanced heritage protection in accordance with international
mechanisms for the protection of heritage during armed conflict.
E.Keep the moveable heritage from armed clash or military objectives or
provide adequate protection in their locations.
2) The Ministry may apply to UNESCO to place a cultural heritage of global or national
importance under a system Special or enhanced protection.
Chapter VI
Protection Plan
Article (34)
1) The Ministry shall define the locations and boundaries of areas of fixed heritage on the
Master Plans.
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2)Organizational Committees shall obtain the approval of the Ministry before approving
the structural, detailed or spatial plans of any area, in a manner that does not contravene
the provisions of the Law on the Organization of Cities, Villages and Buildings in force.
3)Coordination between the Organizing Committees and the Ministry shall take place in
the following cases:
A.Preparing the organizational chart of local authorities or development plans,
and updating them at all stages of work. They may not be issued or amended
without the prior approval of the Ministry.
B.Show the location of the immovable heritage and the surrounding area on the
structural, detailed or spatial plans as protected areas.
Article (35)
1) Local authorities shall prepare plans for the protection of immovable heritage within
their borders, in accordance with the Ministry's directives for the preservation,
management and protection of heritage.
2) Protection plans prepared by local authorities shall not be considered valid unless
approved by the Ministry.
3) Local authorities shall implement the protection plans within their borders, under the
supervision of the Ministry.
4) The Ministry, in cooperation with the competent authorities, shall prepare and
implement protection plans for immoveable heritage located outside the boundaries of
local authorities.
Article (36)
The Ministry shall prepare the necessary protection plans for cultural scene sites in
cooperation with the international and local authorities concerned with heritage.
Article (37)
The possessor of the moved heritage shall prepare the protection plans for his heritage,
subject to the approval of the Ministry.
Chapter VII
National Heritage Register
Article (38)
A register shall be established in the Ministry to record the immovable and movable heritage.
Article (39)
The Ministry shall undertake a general inventory of the heritage in the State, provided that it shall
include information and data relating to heritage for the purposes of its study, and propose
preliminary lists of the heritage to be recorded.
1) Prepare lists of heritage located outside the State or smuggled from it for legal restitution.
2) The Minister shall issue the necessary instructions for determining the inventory mechanism
and the period required.
Article (40)
The Ministry shall issue a certificate of registration of heritage and register it in the register as
follows:
1 ) Announce of the inclusion of heritage in the preliminary lists of heritage inventory in
two daily newspapers, and at the headquarters of local bodies affiliated to heritage for two
consecutive days. Open the objection within two months from the date of the
announcement, and this period can be extended by a decision of the Minister.
2) The Ministry shall form specialized committees to consider objections submitted by
the holder of the decision to inscribe heritage on the preliminary lists. Its decision shall be
made within ninety days from the date of filing the objection, either to remove the
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heritage from the preliminary lists, lifting the legal protection thereof, or completing the
registration procedures, to issue a certificate of its registration.
Article (41)
The certificate of registration shall specify the importance of the heritage, its age, a brief
description of the heritage, its classification, the level of protection it enjoys, the interventions and
plans necessary for its protection, and any other data specified by the regulations and instructions
issued under the provisions of this resolution by law.
Article (42)
The Ministry shall register the discovered heritage after preparing the studies and
researches related thereto and issue a certificate of registration thereof.
Article (43)
Heritage registered in the Register shall be classified according to the following:
1) Heritage of global significance: It is of representative value to mankind.
2) Heritage of national importance: It is value to the State.
3) Heritage of local importance: It is value and consideration to small groups in society in
a specific location.
Article (44):
The holder shall be notified of the Ministry's decision to register the heritage on the final
register in one of the following ways:
By registered mail, knowing and informing the arrival if the address of the holder is
known.
1) Advertise in a daily newspaper, and suspend the decision at the heritage site, and at the
local authority center of the heritage site, if the address of the holder is unknown.
2) If there are multiple holders of heritage, the decision of registration shall be sent to any
of them.
Article (45)
The Ministry shall notify the Land Authority of the immovable heritage registered in the Register
to indicate the register of immovable property that it is a restricted heritage.
Article (46)
The holder of the restricted heritage, after obtaining the written permission of the Ministry, has the
right to:
1) Transfer ownership to a person within the State.
2) Donate it to the Ministry or to a person within the State.
Article (47)
The Ministry may specify to the holder of the restricted or threatened heritage the manner of its
use, preservation, and maintenance and restoration. The ministry may ask the possessor of the
possessor of the heritage to change the method in a way that is appropriate, preserved and
protected.
Article (48)
The Ministry shall publish the Register for the first time in the Palestinian Official Gazette five
years after its establishment. It shall be updated periodically every five years.
Article (49)
The heritage registered in the Register shall enjoy the following:
1) Exemption from fees for repair and maintenance licenses.
2) Benefit from technical and financial assistance from the Ministry to prepare restoration,
maintenance, rehabilitation and reconstruction studies by appropriate scientific methods
3) Benefit from national and international support programs.
Article (50)
The Ministry has the right to evacuate anyone who occupies a restricted heritage site that is
illegally owned by the public under the provisions of the laws in force.
Chapter VIII
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Survey and Archaeological Excavations
Article (51)
1) The Ministry shall carry out the work of exploration and surveying of heritage.
2) The Ministry may issue an exploration and survey license for a competent local or
international mission, and supervise it in accordance with the provisions of this resolution
by law.
Article (52)
1) The licensee to conduct exploration or surveying shall comply with the following:
A. Take all necessary measures to protect, protection and preserve the discovered heritage.
B. Prepare a comprehensive work plan for exploration and survey approved by the
Ministry.
C. Submit a preliminary report to the Ministry, Includes plans for the excavations that he
performs with a complete record of the discoveries, their photographs, and
documentation of the archaeological excavations season that he has completed,
within a maximum period of three months from the end of the season.
D. Prepare an electronic bulletin relating to the excavations carried out within one month
from the date of submission of the initial report, and provide the Ministry with two
copies for each, for archiving.
E. Submit a final report to the Ministry on the completion of the excavations, including
the results of the excavations and studies related to the site under excavations, and a
technical statement about it.
F. The Ministry shall deliver the material extracted from the excavations within a
maximum period of five years from the date of completion of the excavation.
G. Ensure all expenses regarding to the excavations and surveys.
H. Conduct archaeological survey within the period specified by the Ministry in the
license.
2) The licensee may not publish information on excavations and heritage discoveries or
broadcast data related thereto without the written approval of the Ministry.
3) A licensee in violation of paragraph (1) of this Article shall not be granted a new
excavations license for ten years.
Article (53)
No person may start carrying out scientific studies related to heritage, major developmental or
construction projects, without the written permission of the Ministry.
Article (54)
1) The Ministry may conduct the survey, excavation or excavation of potential heritage
sites in privately owned land, provided that a reasoned request is submitted to the cabinet
for the temporary seizure of such land.
2) The cabinet shall issue a temporary seizure decision, including the following:
A.The duration of the temporary seizure shall not exceed five years.
B. Fair financial compensation for the time period of temporary appropriation.
Article (55)
1) The Ministry shall conduct rescue work or documentation in order to preserve and
protect the heritage in the following cases:
A. Heritage has been endangered.
B. Discovery of heritage by natural factors or during construction, infrastructure or
excavation.
ﻔﻟﺆﻤﻟا ﻢﺳإﻦﻴ Loay Abu Alsaud; Amjad Abu El-Ezz ﻘﻤﻟا ناﻮﻨﻋـــــــــلﺎ: The Palestinian Physical Cultural Heritage Law
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2) The costs of rescue excavation or documentation shall be at the expense of the person
conducting construction, infrastructure or excavation.
3) The Ministry shall suspend the works specified in paragraph (2) of this Article, until
the work of rescue or documentation is completed.
Chapter IX
Promotion Cultural Heritage
Article (56)
1) The Ministry of Tourism and Antiquities, in cooperation with local authorities or any
other competent authorities, shall prepare and supervise heritage promotion plans.
2) It should be take a consider the plans of the promotion of cultural heritage as the
following:
A. Achieve a balance between the requirements for the promotion of heritage, the
preservation of its identity, authenticity and safety.
B. Optimal use of fixed heritage sites.
C. Developing and managing heritage sites to ensure their preservation and investment.
Article (57)
In promoting heritage, the Ministry aims forth following:
1) Raise awareness of the importance of the preservation of the cultural heritage.
2) Prepare qualified personnel capable of promoting heritage.
3) Building local and international relations to exchange experiences in the field of
heritage development and promotion.
4) Development of economic industries and services related to heritage.
Article (58)
1) The Ministry shall manage the publicly owned heritage sites and use them in whole or
in part.
2) The Ministry may grant a license to the holder or others to manage and invest heritage.
3) The Ministry has the right to suspend the license for a specified period or permanently,
as it is found that the management and investment of heritage negatively affects it.
4) The Council of Ministers shall issue a regulation specifying the ways of managing,
investing and promoting heritage.
Chapter X
The penalties
Article (59)
He shall be punished by imprisonment for a period not less than six months and not more than one
year, or a fine not exceeding five thousand Jordanian Dinars, or the equivalent thereof in the
currency in circulation to him, who shall prevent, disrupt or impede the work of the Ministry's
judicial officers from carrying out their duties.
Article (60)
He shall be punished by imprisonment for a term not less than three years, and not more than ten
years, and a fine of not less than five thousand Jordanian dinars, and not more than ten thousand
Jordanian dinars, or the equivalent in the legally traded currency, or one of these two penalties.
Whoever misrepresents historical facts shall be liable to imprisonment for a term of not less than
three years, not more than ten years, and a fine of not less than five thousand Jordanian dinars, and
not more than ten thousand Jordanian dinars, or the equivalent in the legally traded currency,
Associated with heritage or dyed heritage without proper historical evidence.
Article (61)
Whoever, without a license from the Ministry, undertakes any of the heritage-related works
specified in the provisions of this law, shall be punished by imprisonment from three to seven
years and a fine of not less than ten thousand Jordanian dinars, or the equivalent in the legally
traded currency, or one of these penalties.
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Article (62)
Whoever carries out any of the following acts shall be punished by imprisonment for a period not
less than two years and a fine not exceeding three thousand Jordanian Dinars, or its equivalent in
the legally traded currency, or by one of these penalties:
1) He discovered a heritage and did not report to the police or the ministry.
2) Refrain from providing information, data or documents to the Ministry that have damaged
the heritage.
3) Refrained from failing to hand over the heritage discovered or found by accident to the
Ministry.
Article (63)
Shall be punished by imprisonment for a period of six months and a fine of not less than three
thousand Jordanian dinars, and not more than five thousand Jordanian dinars, or the equivalent in
the legally traded currency, or one of these two penalties, , Anyone who has done any of the
following without the written permission of the Ministry.
1) Placing banners or commercial advertisements or installing antennas or visible pipes on
the facades and ceilings of the heritage or affixing symbols on it.
2) Carry out agricultural, investment, industrial or commercial activities at the heritage
site and the surrounding area.
3) Perform infrastructure work at the heritage site and surrounding area.
4) Construct, demolish, bulldoze, or add an existing building.
Article (64)
Shall be punished by imprisonment for a term of not less than five years and a fine of not less than
ten thousand Jordanian dinars, and not more than thirty thousand dinars, or the equivalent of the
legally traded currency, or one of these two penalties, Anyone who does any of the following acts
may obtain written permission from the ministry:
1) Demolition of a fixed heritage in whole or in part.
2) Sold or bought hard heritage.
3) Transfer of ownership of the fixed heritage registered in the Register.
Article (65)
Whoever carries out any of the following acts shall be punished by imprisonment for a term not
less than seven years, not more than ten years, and a fine of not less than twenty thousand dinars,
and not more than fifty thousand Jordanian dinars, or the equivalent of the legally traded currency:
1) Obliterate, distort, vandalize, alter, destroy or influence any element of the fixed
heritage or its components.
2) Removing or moving anything or any component of heritage, writing or engraving on it.
3) Sold, bought or handled materials extracted from a fixed heritage.
4) Excavated or excavated at fixed heritage sites in search of golden burials or any other
burials, even if they were in his own property.
Article (66)
Whoever discharges solid, medical or industrial waste or building waste in any of the heritage
areas and the surrounding area shall be punished by imprisonment for one year and a fine of five
thousand Jordanian dinars, or the equivalent in the legally traded currency, which has damaged the
heritage or the aesthetic landscape thereof.
Article (67)
Whoever enters a heritage transmitted to the State without the written permission of the Ministry
shall be punished by imprisonment for a period of six months, or by a fine of two thousand
Jordanian dinars, or its equivalent in the legally traded currency.
Article (68)
ﻔﻟﺆﻤﻟا ﻢﺳإﻦﻴ Loay Abu Alsaud; Amjad Abu El-Ezz ﻘﻤﻟا ناﻮﻨﻋـــــــــلﺎ: The Palestinian Physical Cultural Heritage Law
32
The following shall be punished by imprisonment for a term not less than three years, and not
more than ten years, and a fine not exceeding ten thousand Jordanian Dinars, or its equivalent in
the legally traded currency:
1) Acquired an illegally transmitted heritage.
2) He sold a fake movable heritage as genuine.
Article (69)
Whoever carries out any of the following acts shall be punished by imprisonment for a term not
less than five years, and not more than ten years, and a fine of not less than fifteen thousand
Jordanian dinars, or the equivalent in the legally traded currency.
1) Forge a transmitted heritage.
2) Destroyed, damaged or mutilated any transmitted heritage.
3) Transfer ownership of a transferred heritage without obtaining written permission from
the Ministry.
4) Traded, shared, or instigated in heritage.
5) He fled a heritage that was transferred out of the country or participated in the work
that led to it, or contributed to its transfer.
6) He stole a movable heritage.
Article (70)
The penalty shall be doubled for acts committed under the provisions of this Decree by law, in one
of the following cases:
1) Repetition
2) If the perpetrator of the offense is a staff member of the Ministry or any of the
authorities or public or local authorities competent to preserve the heritage.
3) If the criminal act is committed in any official institution or heritage site.
Article (71)
1) The Ministry shall take all necessary measures to stop any violation or assault on the
heritage, and may remove the violation and return the heritage to the level of the
perpetrator.
2) The court may award compensation in accordance with the value of the heritage in case
it cannot be returned to the state it was in.
Chapter XI
Final provisions
Article (72)
1)The Ministry may pay a reward to any person:
A. He discovered a heritage by accident, and reported it.
B. Provide information leading to the discovery of heritage.
C. Aware of the discovery of heritage, and reported.
D. Information provided to prevent abuse or damage to heritage.
2) The Minister shall issue instructions specifying the criteria for disbursement of the remuneration
and its amount.
Article (73)
1) Any competent authority has seized a stolen, smuggled, lost or illegally possessed
heritage, which shall seize it and hand it over to the Ministry by official record.
2) Where the seized heritage is a reported lost heritage, the Ministry shall return it to the
right holder in accordance with the provisions of this Decree by law.
Article (74)
1) The Ministry shall collect the following fees for:
A. To license and authorize granted under the provisions of this Decree-Law.
B. Detect and preview the site.
2) Determine the value of fees according to a regulation issued by the Council of
Ministers.
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Article (75)
1) The holder of the heritage shall settle his status within a period not exceeding one year
from the date this law comes into force.
2) Museums shall settle their status within six months from the date this law comes into
force.
Article (76)
1) Without prejudice to the provisions of this Decree-Law, the regulations issued under
the previous Laws shall remain in force upon the entry into force of the provisions of this
Decree-Law until they are repealed, amended or replaced by others.
2) Tables of buildings and archaeological sites issued under the Ordinary Law of 1935,
the Law of Antiquities (Part 5) of 1929, and the Provisional Law of Antiquities No. (51)
Of 1966, or any table published in the Official Gazette of Archaeological Sites, shall
remain in force until they are incorporated into the Register.
Article (77)
The Council of Ministers shall issue the necessary regulations to implement the provisions of this
resolution by law.
Article (78)
1) The following laws shall be repealed:
A. The provisional antiquities law no. (51) For the year 1966 and its
Amendments, in force in the northern governorates.
B. the Antiquities Act (Part 5) of 1929 and its amendments, in force in the southern governorates.
2) Anything contrary to the provisions of this resolution shall be repealed by law.
Article (79)
This decision shall be submitted by law to the Legislative Council at its first session for approval.
Article (80)
All competent authorities, each within its jurisdiction, shall implement the provisions of this
Decree by law and shall come into force thirty days after the date of its publication in the Official
Gazette Official Journal.
Issued in Ramallah City 29/04/2018 AD/ 13/Shaaban/1439Hijrieh
Mahmoud Abbas
President of State of Palestine
The Chairman of the Executive
Committee of the Palestine
Liberation Organization
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ﻔﻟﺆﻤﻟا ﻢﺳإﻦﻴ Loay Abu Alsaud; Amjad Abu El-Ezz ﻘﻤﻟا ناﻮﻨﻋـــــــــلﺎ: The Palestinian Physical Cultural Heritage Law
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Taha. H. Protection of Cultural Heritage in Palestine La Tutela Del
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The Palestine Mandate of the League of Nations 1922 preamble.
... Over the years, the absence of a clear regulatory framework has led to sites' abandonment and degradation, illicit traffic of finds and the spread of illegal excavations. A first step towards overcoming this obstacle was enacting a new law on tangible cultural heritage in 2018 [1]. Its application, however, is still very partial. ...
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The Palestinian Authority faces many difficulties in protecting its cultural heritage, including lacking professionals and specific training programs. The non-governmental associations Pro Terra Sancta and Mosaic Centre have worked together in this area for many years to deal with the problem. Thanks to the support of the University of Palermo (Italy) and specifically to the Master Degree Course in Conservation and Restoration of Cultural Heritage, a new project will start in the coming months. It will establish a two-year Diploma course of technical and professional training to conserve and maintain cultural heritage at the Al Quds University of Jerusalem. The Diploma, funded by AICS, the Italian Agency for Development and Cooperation, will carry out practical activities in the historic centre of Bethany. The training opportunities of the Diploma will make it possible to introduce a new professional figure in Palestine, able to take care of the numerous archaeological sites and historic buildings, now abandoned and in degraded conditions.
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The Holy Places of Jerusalem's Old City are among the most contested sites in the world and the 'ground zero' of the Israeli-Palestinian conflict. Tensions regarding control are rooted in misperceptions over the status of the sites, the role of external bodies such as religious organizations and civil society, and misunderstanding regarding the political roles of the many actors associated with the sites. In this volume, Marshall J. Breger and Leonard M. Hammer clarify a complex and fraught situation by providing insight into the laws and rules pertaining to Jerusalem's holy sites. Providing a compendium of important legal sources and broad-form policy analysis, they show how laws pertaining to Holy Places have been implemented and engaged. The book weaves aspects of history, politics, and religion that have played a role in creation and identification of the 'law.' It also offers solutions for solving some of the central challenges related to the creation, control, and use of Holy Places in Jerusalem.
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In undertaking a review of archaeological field training at Palestinian universities, the authors set out to examine an area that had not previously been studied in Palestine. The objective was to be able to optimize field training for producing future Palestinian archaeologists, while creating an archaeological framework for protecting and promoting archaeological heritage in the region. Archaeological sites form a significant part of the cultural heritage of Palestine and may not survive without measures for their protection. They are threatened by ongoing conflict, urban development, and looting. The results of this study will enable archaeology departments to seek funding and logistic support for field training courses and other projects with concrete information on their contribution to preservation of archaeological cultural heritage. The study examines the current summer field training courses and makes proposals for improving their effectiveness. The analytical study is based on qualitative and quantitative data obtained from a sample of students and supervisors from summer field training courses conducted by the universities offering archaeology. The aim was to assess current practice in order to identify and challenge teaching and assessment methods. In this way, the authors hope to achieve a more modern and universal model of archaeological field training for Palestine (Brookers 2008: 1). The field training courses are mainly held at local archaeological excavation sites, where they provide opportunities for site review. Specific aims of the analysis included examining assessment methods, instructor performance, and student perceptions of problems, needs, and expectations.
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In undertaking a review of archaeological field training at Palestinian universities, the authors set out to examine an area that had not previously been studied in Palestine. The objective was to be able to optimize field training for producing future Palestinian archaeologists, while creating an archaeological framework for protecting and promoting archaeological heritage in the region. Archaeological sites form a significant part of the cultural heritage of Palestine, and may not survive without measures for their protection. They are threatened by ongoing conflict, urban development and looting. The results of this study will enable archaeology departments to seek funding and logistic support for field training courses and other projects with concrete information on their contribution to preservation of archaeological cultural heritage. The study examines the current summer field training courses and makes proposals for improving their effectiveness. The analytical study is based on qualitative and quantitative data obtained from a sample of students and supervisors from summer field training courses conducted by the universities offering archaeology. The aim was to assess current practice in order to identify and challenge teaching and assessment methods. In this way, the authors hope to achieve a more modern and universal model of archaeological field training for Palestine (Brookes, S. 2008:1). The field training courses are mainly held at local archaeological excavation sites, where they provide opportunities for site review. Specific aims of the analysis included examining assessment methods, instructor performance, and student perceptions of problems, needs and expectations.
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Palestine is a state in limbo—they lack full formal recognition as a sovereign land but possess a unique nation-state status that incorporates elements of a unified national consciousness and basic civil institutions albeit with limited autonomy. Palestine’s ambiguous political status is starkly illustrated by its convoluted territorial control, and nowhere is this more clearly attested than in the jurisdiction of archaeological sites and the display of artifacts in museums. The legislative colonial legacies of the Ottoman, the British Mandate, the Jordanians, the Egyptians, Israeli military orders, and the 1995 Oslo II Accords, which carved the Occupied Territories into a complex mosaic of areas—A, B, and C— have resulted in fractured oversight of heritage sites and objects. A case study focused on Herodium provides a fascinating lens for examining the efficacy of law and the administration of archaeological and object management in a contested landscape.
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A history of the principal British archaelogical institutions in Jerusalem between the two Wars, i.e. between 1917 and 1948, is the subject of the present article. These institutions include the British School of Archaeology in Jerusalem (BSAJ), the Department of Antiquities of Palestine (DAP) and the Palestine Archaeological Museum (PAM). The important contribution made by the Palestine Exploration Fund (PEF), in establishing the BSAJ and in supporting excavations in Jerusalem, is also dealt with. The achievements of these institutions eventually led to a great deal of goodwill and co-operation with the other foreign archaeological institutions in Jerusalem at that time, particularly with the French and American Schools, and to the flourishing of internationally sponsored archaeological activitiues in the Holy Land. The Bristish Mandate period is generally regarded as the formative Golden Age' of archaeology in Palestine (Moorey 1991, 48-55 ; Davies 1988, 41-48).
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This article argues for a theoretical extension in anthropology from the postCartesian depiction of body and mind as one (rather than as separable) to the idea that this composite body-mind can be regarded as enmeshed in social trails created by the movement of objects. Movements of persons therefore occur with or in relation to the objects to which people attach themselves. Such everyday movements need to be contrasted with those dramatically resulting from forcible human displacement, in which refugees, for instance, take what items they can both for immediate practical use but also in order either to re-establish or re-define personal and collective origins. The article concludes by suggesting that, as mementoes of sentiment and cultural knowledge and yet also as bases of future re-settlement, the 'transitional objects' carried by peoples in crisis inscribe their personhood in flight but offer the possibility of their own de-objectification and re-personalization afterwards.
The Trade in Palestinian Antiquties". Jerusalem Quarterley, 33
  • M Kersel
 Kersel, M.M. "The Trade in Palestinian Antiquties". Jerusalem Quarterley, 33. 2008. Pp.: 21-38.
Protection of Cultural Heritage in Palestine La Tutela Del Patrimonio Culturale in Caso Di Conflitto
  • H Taha
 Taha. H. Protection of Cultural Heritage in Palestine La Tutela Del Patrimonio Culturale in Caso Di Conflitto. Edited by F. Maniscalco. 2002. Pp.: 265-270.