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Heritage in international, Arab and Iraqi law

    Heritage means the cultural and national identity of every people or group of individuals. It is a repository of human memory and cultures in all its material and moral categories. Protection is not only given to objects of archaeological and historical importance,
    International law has defined cultural heritage in several definitions. One aspect of international jurisprudence has been to link cultural heritage with the term culture itself. Culture is defined as the means of communication among peoples around the globe that affects the development of peoples from one generation to another and from time to time. The aspect of jurisprudence is that what is considered a cultural heritage must have a cultural and cultural value, for example striking the requirement of the cultural value of the effects. These cultural standards of relics are:
• “First: represents the masterpiece of creative genius man-made.
• Second, it represents one of the important and common human values, for a period of time or in the cultural field of the world, whether in the development of architecture or technology, archaeological arts, urban planning, or landscape design.
Thirdly, it represents a unique or at least exceptional testimony to a cultural tradition of an existing or absent civilization.
• Fourth: to be a prominent example of the quality of the building, architecture or technical example or outline shows an important stage in the history of mankind.
• Fifth: to be a great example of traditional human practices in land use, or sea water, representing culture (or cultures), or human interaction with the environment, especially when they become subject to irreversible impacts.
• Sixth, be directly or concretely linked to events or living traditions, ideas, beliefs, or works of art and literature of global significance, and the Committee is of the view that this criterion should be used in conjunction with other criteria.
    The United Nations Educational, Scientific and Cultural Organization (UNESCO) has a very important role in providing protection and protection of cultural heritage from all forms of aggression. The Convention on the Protection of the World Cultural and Natural Heritage, adopted by the General Conference of UNESCO at its seventeenth session in Paris, 16 November 1972, Cultural heritage, which states:
    Heritage: – Architectural works, sculpture and painting on buildings, elements or formations of archaeological character, inscriptions and monuments that all have exceptional international value from the point of view of history, art or science.
Complexes: – A group of isolated or connected buildings that, due to their architecture, consistency or integration into a natural landscape, have exceptional universal value from the point of view of history, art or science.
Sites: human works, or joint works between man and nature, as well as areas including heritage sites, which have an exceptional global value from a historical or aesthetic point of view. “
The Egyptian law defines heritage as “any building or piece of movable material produced by different civilizations or brought about by arts, sciences, literature and religions during the successive historical periods, as long as it has an archaeological or historical value or importance and presents it as a manifestation of various civilizations “He said.
    And defined by the law of the Kingdom of Bahrain, “that anything created by civilizations or left by previous generations, which is revealed and found, whether it is real estate and movable materials related to the arts and science and ethics and ethics and beliefs and daily life, either public events or other dating back to at least fifty Gregorian year, When it had a historical or artistic value of heritage, historical documents and manuscripts and what was found with the covers to keep them
    The Tunisian legislation has categorized antiquities and heritage into four categories under the Protection of Archaeological and Historical Heritage and Traditional Arts Act No. 35 of 1994:
“An archaeological heritage, historical or traditional, is any trace left by civilizations or inherited by previous generations as revealed or found by land or by sea, be it real estate, movables, documents or manuscripts relating to the arts, sciences, beliefs, traditions, daily life, Which is due to the prehistoric or historical periods which prove its national or global value. The archaeological, historical or traditional heritage is the public property of the state, except as the properties prove their ownership. “
    In Iraq, the cradle of civilizations, we find that the ancient Antiquities Law No. (59) of 1936 protects only archaeological buildings and even after it was amended in 1974 by Law No. (120) there is a simple remedy that refers within the subject of heritage as stated in the second paragraph of Article 1, To consider the effects of movable and immovable property which is less than 200 years old, if it considers that the public interest is to be preserved because of its historical, national, religious or artistic value, provided that the decision is made by the Minister and published in the Official Gazette. That the Law of Antiquities No. 80 of 1979, which included the text The same bug.
The Heritage and Heritage Law issued by the General Authority for Antiquities and Heritage No. 55 of 2002 defines heritage as “movable and immovable property that is less than 200 years old and has historical, national, religious or artistic value. By a decision of the Minister. “
Chapter Four Article (23) contains paragraphs dealing with heritage as follows:
“First: The Authority is obliged to continue the archaeological documentation of buildings and heritage areas to complement their scientific approach and the implementation of the duties assigned to the protection of cultural heritage in Iraq.
Second: The Participating Authority shall maintain a special register in which heritage buildings and areas shall be registered
And the residential neighborhoods of architectural heritage heritage historical or heritage or architectural characteristics or importance of Arab and Islamic heritage according to what the authority sees and declares editorially.
Third: The participating party declares that the buildings, areas and residential neighborhoods provided for in item (2) of this article are a conservation area and prepare maps for them and issue the necessary decisions to protect them as architectural heritage and determine their uses and the necessary installation of taboos and rights of accomplices resulting from the neighboring properties during ( 90) ninety days from the date of its publication in the Official Gazette.
Fourth: The Archaeological Authority shall notify the Real Estate Registry Department of the non-disposition of the registered heritage buildings and issue its decision on protection or non-protection within ninety (90) days from the date of placing the reference.
    Article (24) first states: “The Participating Authority shall acquire the heritage buildings in accordance with the provisions of the Acquisition Law. Second: The Participating Authority shall evacuate the historic and historical buildings and their immunities of persons and funds in the event of a threat to the lives of persons or heritage buildings, .
    Article (25): “The Authority shall abandon the heritage building leased for the purpose of maintenance and restoration after warning the lessee within ninety (90) days from the date of notification of the warning exception from the Law of Renting Property No. 87 of 1979
    Article (26) of the same law stipulates: “In the establishment of public enterprises, the State and the socialist sector shall be committed to preserving heritage and historical buildings in coordination with the Authority.”
     Article 27 states: “The owner of the heritage building which is protected or documented shall enjoy the following privileges: obtaining a grant or his predecessor to assist him in the preservation of the heritage building and to be disposed of by the participating party in accordance with the rules issued by the exemption from the real estate tax, (87) for the year 1979. Moreover, article (28) stipulates the following:
“First – it is not permissible
 (A) Exceeding the buildings of the heritage neighborhoods declared in the Official Gazette or destroying them or altering the profession and specialization in which they are exercised in the shops, markets and heritage streets or canceling their basic function which they have granted to heritage.
B- Canceling the heritage of a heritage shop located in the property of third parties by abandoning it. The General Authority for Taxes estimates the rental fee in case of disagreement between the lessor and the lessee in order to preserve the heritage shop and prevent its removal.
(C) The buildings that are preserved or documented may not be demolished, rebuilt, repaired or used for any purpose except with the consent of the Competent Authority and a license from the participating body. It shall ensure harmony with the architectural characteristics and general standards of the preservation and temporary buildings. The date of application .
Second: The Participating Party may order the violator of the provision of paragraph (c) of item (1) of this article to deal with the violation in the manner and duration specified by it, otherwise it will be dealt with at his expense.
Thirdly: The injured participant shall be compensated as a result of the entrenchment of the easement rights on the ground provided for in Article (3) of Article (23) of this law or the evacuation of heritage areas in accordance with Article (2) of Article (24) of this law during 90 Days from the date of the confirmation of eviction or eviction rights. Otherwise, the decision of the participating party on the rights of prevention or evacuation shall be withdrawn. “
    It is worth noting here, in this context, the bodies concerned with the heritage of Iraq, which are concerned with the care of architectural heritage. These bodies are represented by the Department of Heritage in the General Authority for Antiquities and Heritage, which conducts the survey and characterization of buildings in the whole country and mapping them on maps as well as the design department in the Municipality of Baghdad.
by
Dr. Nabil Abdel Hussein

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