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Samoa Law Reform Commission |
Government of Samoa
SAMOA LAW REFORM COMMISSION
NATIONAL HERITAGE BOARD
Discussion Paper
June 2012
Introduction
On 1 February 2012, the Prime
Minister and the Attorney General asked the Samoa Law Reform Commission
(‘Commission’) to
examine the feasibility and appropriateness of
setting up a National Heritage Board (‘NHB’) to preserve
Samoa’s
various national heritage sites. The terms of reference
specifically ask the Commission to research how national heritage boards
overseas are established and operated.
‘Heritage’ is a broad term. For the purposes of this Discussion Paper, the Commission uses ‘national heritage’ to encompass both natural and cultural heritage. In general terms, natural heritage relates to features of the natural environment, while cultural heritage relates to buildings, monuments and other features of the built environment.[1] A place may have both natural and cultural heritage value because of the way in which natural and cultural environments co-exist. The terms of reference for this inquiry do not cover issues relating to the protection of intangible heritage, such as expressions of culture, or movable heritage, such as historic artifacts.[2]
National heritage places are an important part of Samoan identity. Protecting the places that have heritage significance enables us to express and celebrate Samoan identity. The preservation of national heritage is important for current and future generations, to experience and understand Samoa’s history and culture. National heritage sites also have significance beyond Samoa as places of outstanding universal value and may, in the future, be included in the World Heritage List.
This Discussion Paper considers ways in which a NHB might be established to protect and preserve national heritage sites in Samoa. Part 1 provides an overview of current laws and policies to protect national heritage. Part 2 outlines the role of national heritage bodies in Australia, New Zealand and other Pacific Island nations. In part 3, the Commission examines three different options for a NHB and asks questions about ways in which Samoan national heritage might be protected.
The Commission invites government agencies, community groups and members of the public to make submissions to this inquiry. After receiving submissions and consulting further with stakeholders, the Commission will make final recommendations to the Prime Minister and the Attorney General on the best options for the protection of heritage sites in Samoa.
1. Current Issues
1.1 Policies and legislation have been developed over the
last two decades to address the state’s responsibility to manage national
heritage. In recent years and months, public debate emerged as a result of
government decisions about the future of places perceived
by some as historic
icons. This has exposed a need for Samoa to review the way in which cultural and
natural heritage is managed.
1.2 As Samoa continues to develop, it is forced
to make decisions about whether and how to invest in the preservation of sites
no
longer suitable for their original purpose. After the relocation of the
Courts to a new building in Mulinu’u in 2010, the threat
to pull down the
old Court House in Apia, motivated concerned citizens to form a group to lobby
for its preservation. More recently,
the demise of the Fale Fono or Freedom
House in Mulinu’u, has prompted a mixture of reactions, by many Samoans
who felt that
the building represented an integral part of Samoan history. The
demolition of the iconic building on the 8 of March 2012 raised
public awareness
of the importance of national heritage.
1.3 Thus the question is how do we
define national heritage? Additionally, how will the establishment of the
national heritage board
seek to protect these sites? The answers to these
questions will turn on the values attached to national heritage in Samoa, and
the
cultural, legal and policy influences that bear on this.
1.4 The Commission hopes that the Discussion Paper will initiate dialogue amongst stakeholders, the community and interested parties. This feedback is crucial to the formulation of recommendations in seeking to establish a NHB to protect Samoa’s national heritage.
2. Part One: The Current Framework for Heritage Protection
2.1 There is no single law that governs heritage protection in Samoa. Rather, a range of legislation, customary laws, policies and procedures relate to different aspects of heritage protection. Additionally, heritage protection in Samoa occurs within a wider context of international and regional obligations, which affect how national heritage is defined and preserved.
The International Context
2.2 In 2001 Samoa ratified the Convention for the Protection of the World Cultural and Natural Heritage 1972 (‘World Heritage Convention’). The World Heritage Convention declares that some places should be protected as places of ‘outstanding universal value’.[3] The Convention sets up a scheme in which state parties identify and nominate places for inclusion in the World Heritage List.[4] The World Heritage Committee, which consists of 21 members chosen from state parties to the Convention, receives expert advice and decides whether a place should be included in the World Heritage List. Once a place is listed, state parties have an obligation to protect the place so as to maintain its outstanding universal value. Currently, there are no World Heritage listed places in Samoa. The Fagaloa Bay - Uafato Tiavea Conservation Zone, the Manono, Apolima and Nuulopa Cultural Landscape have been placed on the World Heritage Committee’s tentative list.[5]
2.3 The World Heritage List has separate categories for cultural, natural and mixed cultural and natural heritage. Article 1 of the Convention defines cultural heritage to include:
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