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1972 UNESCO Convention and Protection of the Heritage of Occupied Crimea

The Convention Concerning the Protection of the World Cultural and Natural Heritage (Paris, November 16, 1972) is a key international legal instrument through which Ukraine can protect monuments in occupied Crimea. An article by Mykola Yakovyna (Honorary President of the Ukrainian National Committee of ICOMOS) analyzes Ukraine's obligations, the corpus of sites on the World Heritage List (WHL) and Tentative List, the losses of 2014, and the actions of civil society and the state between 2014 and 2018.

Overview

The 1972 Convention was adopted at the 17th session of the General Conference of UNESCO; it was based on the Venice Charter. Independent Ukraine, as the successor state to the Ukrainian SSR, recognizes the supremacy of generally accepted norms of international law; after ratification, international conventions have the force of law. The 1972 Convention was ratified by the Decree of the Presidium of the Supreme Soviet of the UkrSSR on October 4, 1988.

The state committed to identifying, protecting, conserving, presenting, and transmitting to future generations the cultural and natural heritage situated on its territory and inscribed on the WHL. The primary requirements for sites on the List are integrity and authenticity.

After 2014, the occupation of Crimea by the rf meant the loss of Ukrainian authorities' control over the monuments and the unavailability of the sites to Ukrainian and international experts. Statistically: 1 WHL site (Ancient City of Tauric Chersonese) and 5 items on the Tentative List on the peninsula—about 1/6 of Ukraine's share in the WHL, ~1/4 of the combined total corpus (WHL + Tentative), and nearly 1/3 of the Tentative List. For the indigenous peoples of Crimea, primarily the Crimean Tatars, this represents the loss of what is most precious.

Key Details / Subtopics

Formation of the Ukrainian WHL Corpus and Tentative List

  • 1989: added to the Tentative List—5 cultural nominations (Kyiv, Sevastopol, Chernihiv, Kaniv, Kamianets-Podilskyi) and one natural nomination (Askania-Nova).
  • December 7, 1990: first WHL site—Saint Sophia Cathedral with related monastic buildings and Kyiv-Pechersk Lavra.
  • 1990s: a long pause; 1998—Lviv Historic Centre (~2,500 monuments from the 13th century to the 1930s); 2000—"Sofiyivka" Dendrological Park added to the Tentative List.
  • Late 2000s: the role of the Ukrainian National Committee of ICOMOS was anchored in the Law of Ukraine "On Protection of Cultural Heritage"; cooperation with the State Service for National Cultural Heritage.
  • 2005–2013—4 more WHL sites:
  • Struve Geodetic Arc (2005; 4 Ukrainian points: Katerynivka, Felshtyn, Baranivka, Staro-Nekrasivka);
  • Residence of Bukovinian and Dalmatian Metropolitans, Chernivtsi (2011);
  • Wooden Tserkvas of the Carpathian Region (2013, with Poland);
  • Ancient City of Tauric Chersonese and its Chora (2013).

16 Tentative List Items (as of the time of the article)

Among them are Crimean and Crimea-related sites:

No. Site Year
6 Bakhchysarai Palace of Crimean Khans 2003
8 Monument complex of Sudak Fortress 2007
10 Astronomical Observatories of Ukraine (Kyiv, Mykolaiv, Odesa, Crimea) 2008
13 Genoese Trading Posts and Fortifications—from the Mediterranean to the Black Sea 2010
14 Cultural Landscape of the Cave Towns of Crimean Gothia 2012
15 Historical Environment of the Capital of Crimean Khans in Bakhchysarai 2012

The full list of 16 items is available in the source (Chernihiv, Shevchenko's tomb, Kamianets-Podilskyi Canyon, Askania-Nova, "Sofiyivka", Kamyana Mohyla, Mykolaiv Observatory, St. Cyril's and St. Andrew's Churches, Historic Centre of Odesa, Derzhprom in Kharkiv, etc.).

Crimea at the Beginning of the 2014 Occupation

On the peninsula: 1 WHL site (Chersonese) + 5 from the Tentative List (Bakhchysarai Palace; Sudak Fortress; Genoese posts; cave towns of Crimean Gothia; historical environment of Bakhchysarai). Separately on the Tentative List are Astronomical Observatories of Ukraine, including Crimean ones (Crimean Astrophysical Observatory).

International and Public Reaction (2014–2016)

  • Official delegations at the 38th (2014, Doha) and 39th (2015, Bonn) sessions of the World Heritage Committee (led by First Deputy Ministers of Culture)—no traces of proposals regarding Crimea are available in open sources.
  • Civil society (heritage conservationists, museum professionals, Crimean activists) secured acts from ICOMOS, ICOM, and the Blue Shield.
  • November 2014, Florence, 18th General Assembly of ICOMOS—resolution "Analysis of the Condition of Cultural Heritage in the Autonomous Republic of Crimea (Ukraine)": sites in Crimea (in particular Chersonese and Tentative List items) are an integral part of Ukraine's heritage; protection under the 1954 Hague Convention (signed by the rf and Ukraine); call for monitoring jointly with UNESCO. The Ukrainian government did not support civil society efforts.
  • Spring 2015: Ukrainian National Committee of ICOMOS initiated inclusion in the List of World Heritage in Danger (Article 11, paragraph 4 of the 1972 Convention) of Chersonese and the Bakhchysarai Khan's Palace.
  • 2016, 40th WHC session, Istanbul—first attempts to include the Ukrainian issue on the agenda.

Governmental Developments in 2018

January 19, 2018—special meeting of the National Commission of Ukraine for UNESCO. Among the decisions and proposals:

  • action plan for protecting cultural heritage in occupied Crimea;
  • letter to the Director-General of UNESCO regarding illegal works, particularly at the Bakhchysarai Khan's Palace;
  • protest note to the rf regarding the so-called "restoration" of the Khan's Palace;
  • information event at the Embassy of Ukraine in France (UNESCO, ICOMOS, ICCROM, delegations, journalists);
  • public hearings, expert consultations, and consultations on international monitoring missions in Crimea.

The author emphasizes: one has to wait for bureaucracy; heritage experts need to clearly express to the world their stance on Crimean sites and mobilize resources for their preservation.