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Speech by Minister Moosa on the World Heritage Convention Bill

Delivered to the National Council of Provinces, 11 November 1999

Chairperson, it is my great pleasure to put the World Heritage Convention Bill before the National Council of Provinces today.

The Bill is the product of much consultation by both Houses, and I would like to thank the committee chairpersons and the members of the committees for their hard work that has resulted in the world-class piece of legislation before you today.

The Bill is designed to create a legal and administrative framework for various cultural and natural sites in South Africa to be granted World Heritage Site status by the World Heritage Committee of the United Nations Environmental Social and Cultural Organisation (UNESCO).

In December this year we will be anxiously anticipating the World Heritage Committee's announcement on whether our three sites will be inscribed on its World Heritage List.

Robben Island in the Western Cape, the Fossil Hominid sites (at Sterkfontein, Swartkrans, Kromdraai and environments in Gauteng) known as "the Cradle of Humankind", and the Greater St Lucia Wetland Park in KwaZulu-Natal are our first three World Heritage Site nominations.

World Heritage status for these sites will considerably enhance our country's tourism industry, which is a powerful engine for economic growth and job-creation.

Some of the world's most famous and successful tourism, cultural and natural areas (such as the Grand Canyon, the Acropolis, the Pyramids, and the Great Barrier Reef) are World Heritage Sites. This enhances the value of these sites while simultaneously ensuring that they are conserved for posterity.

In order to obtain this important status, Government must meet a number of responsibilities outlined in the World Heritage Convention. These include ensuring that appropriate legal protection, management plans, institutions and resources are in place.

In terms of the South African Constitution a treaty such as the World Heritage Convention becomes law in South Africa only when it is enacted by national legislation.

Incorporating the Convention in South African law in this manner, will signal to the World Heritage Committee that we are fully committed to the implementation of the Convention, and will help to ensure that our country can derive maximum benefit from its membership of the Convention.

The Convention concerning the Protection of the World Cultural and Natural Heritage ("the World Heritage Convention") was adopted by the UNESCO General Conference in 1972 and came into force in 1975.

Its central theme is that there are cultural and natural properties of such outstanding value from a global perspective that these sites should be conserved for the benefit of all humanity. The Convention provides the vehicle for the recognition of these properties and instruments for their conservation.

The World Heritage Convention Bill before you, Chairperson and members of the NCOP, seeks to create a legal framework that allows Government to:

  • Where appropriate, strengthen the powers of bodies currently managing areas to be listed as World Heritage sites.
  • Establish, where no such institutions exist, new institutions called Authorities to provide for the cultural and environmental protection, and responsible development of World Heritage Sites.
  • Create, where necessary, a Board to oversee the Authority, and an executive staff component responsible for the day-to-day management of the Authority.
  • Provide for the preparation of integrated management plans, as required by the Convention.
  • Provide for proper auditing and financial controls and the preparation of annual reports outlining the activities of each Authority.
  • Ensure that "state of conservation" reports are prepared as required by the Convention.

The Bill, therefore, ensures that the principles and values of the Convention are given genuine application over South Africa's potential and inscribed World Heritage Sites.

It also ensures that national Government has the legal means to discharge its responsibilities under the Convention and that these sites are developed in ways that meet the social and development needs of our citizens.

The latter emphasis will bring a South African perspective to the management of our potential sites and seeks to balance preservation and conservation with job creation and broad economic development.

Key improvements were made to the Bill to provide greater clarity. And I would like to thank the members of the NCOP for their substantive contributions to the debate.

Contradictions with respect to consultation prior to establishment of an Authority were eliminated. There is now a clear statutory obligation on Minister to consult with affected organs of state and interested parties, but flexibility is allowed as to the manner of such consultation. Consultation will thus be appropriate to the particular World Heritage Site in question (clause 7).

Greater clarification and simplification is given on arrangements where an existing Authority (either provincial or local government) is already lawfully managing or otherwise involved in a World Heritage Site.

The Minister may, after consultation with the relevant MEC or Minister, declare an existing Authority as a World Heritage Site Authority (clause 8).

Furthermore, a new clause, (clause 18 "Transfer of staff members where existing organ of state is declared as Authority") provides clarity on what happens to existing staff if an Authority is established in terms of section 8.

The name Advisory Board was dropped in favour of Board, as the term advisory is misleading because in terms of powers vested in them under clause 15, it became clear that the Bill intends for the Board be to more than just an advisory board.

In fact, the Bill makes provision for a full Board with powers to make policy, have general oversight over the Authority, provide direction to Executive Staff Component, as well as co-ordinate with other Boards.

Technical refinements were made to clause 30 (now 31), and it now includes specific reference to requiring the consent of Minister responsible for administration of land in terms of State Land Disposal Act (1961), in cases involving transfer of immovable property.

Amendments were made to the provision in clause 32 (now 33), allowing an Authority to fundraise from any legal source, to be prescribed by the Minister on site-by-site basis, in concurrence with Minister of Finance. Minor amendment were made to clause 34 (now 35) to bring it in line with similar provisions in other statutes.

In addition, various consequential changes were made as a result of Amendments in Chapters II and III, including the change in name from Advisory Board to Board.

Finally, the definition of World Heritage Site in clause 1 was refined to bring it more in line with the World Heritage Convention.

The Bill is seen as a great example of how development, growth and job-creation can be combined with the conservation of cultural heritage and biodiversity.

The various regulations and institutions allowed for in the Bill are explicitly designed to emphasize sustainable development.

This balance between protection and development is particularly important in developing countries such as South Africa, where we cannot afford the underdevelopment of important national assets such as our World Heritage Sites.

In conclusion, the Bill also gives South Africa a special place in the international community as one of the few countries, which have introduced legislation to implement the World Heritage Convention.

Chairperson, I would again like to thank all the members who contributed to the Bill and would urge the House to support it.

Thank you.