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ARTICLE

Preserving the Silk Road: Strengthening Cultural Heritage Legislation in Central Asia

James K Reap, Ryan Rowberry, and Andrew Philip Gamble

Summary

  • Preserving the Silk Road: Cultural Heritage Legislation in Five Central Asian Countries” offers a legal framework to preserve physical artifacts and structures, and intangible cultural practices including languages and craftsmanship.
  • Legislation should align with international conventions, such as the UNESCO 1970 Convention on the Means of Prohibiting and Preventing the Illicit Import Export and Transfer of Ownership of Cultural Property.
  • Legislation should facilitate community participation and utilize private law mechanisms, such as conservation easements and heritage trusts.
Preserving the Silk Road: Strengthening Cultural Heritage Legislation in Central Asia
Stefan Cristian Cioata via Getty Images

The Silk Road, a network of overland trade routes that connected East and West for centuries, is much more than an ancient path for commerce; it is a repository of diverse cultural heritage weaving through a tapestry of civilizations, shared histories, and interconnected communities. Rich with historical structures, archaeological sites, and deeply rooted cultural traditions, Central Asia tells a story of human achievement, exchange, and resilience. Protecting this heritage is critical for both regional identity and global cultural history, yet it presents a complex challenge. Effective conservation calls for robust legal frameworks that address not only the preservation of physical artifacts and structures, but also the safeguarding of intangible cultural practices from languages and rituals to traditional craftsmanship.

Despite the wealth of scholarship on heritage conservation in different countries, a detailed legal framework for cultural preservation in Central Asia has remained largely unaddressed, until now.

In our recent monograph, “Preserving the Silk Road: Cultural Heritage Legislation in Five Central Asian Countries,” we examine the legal frameworks essential for protecting cultural assets and offer a framework that can be used in evaluating and strengthening heritage legislation in Kazakhstan, Uzbekistan, Kyrgyzstan, Tajikistan, and Turkmenistan. Developed in collaboration with the International Institute for Central Asian Studies (IICAS), our study draws on best practices from international and national heritage models to delineate a framework for legislation that preserves heritage while allowing for sustainable development. We identified 14 essential elements that underpin effective heritage legislation;

  1. Interpretation
  2. Statement of Object or Purpose
  3. Heritage Administration
  4. Heritage Register
  5. Legal Protections for Private and Government Historic Resources and Archaeology
  6. Public and Stakeholder Participation
  7. Funding and Financial Assistance
  8. Management of Publicly Owned Registered Heritage Sites
  9. Management of Other Government-Owned Historic Properties
  10. Emergency Situations
  11. Protection, Circulation, and Restitution of Moveable Cultural Heritage
  12. Engagement of Local Communities
  13. Private Law Conservation Mechanisms
  14. Miscellaneous Provisions.

These elements are designed to address the multidimensional nature of cultural heritage conservation and to provide Central Asian policymakers, practitioners, and interested parties with a versatile legal framework that can withstand modern pressures, protect the Silk Road’s irreplaceable heritage, and inspire regional cooperation in cultural preservation. Our analysis examines each of these elements in depth, offering examples and insights on how each element can be used to create a resilient, flexible heritage preservation framework.

Foundational Elements: Interpretation, Purpose, and Heritage Administration

The foundation of any heritage legislation lies in defining key terms and purposes to ensure clarity and alignment. Interpretation provisions specify what is encompassed by heritage legislation and are crucial for effective application, as they delineate the law’s scope and ensure consistency. In Central Asia, there is no typical broad “Interpretation and General Clause Act” as seen in some countries. However, other laws, such as Uzbekistan's Law on Normative Acts (1993), establish legislative hierarchies and guide interpretations that serve a similar function. Regarding cultural heritage, laws in Kazakhstan, Kyrgyzstan, and Uzbekistan include detailed “basic concepts” sections, offering terms like "intangible cultural heritage" with careful attention to local contexts, while aligning with international standards where relevant.

A clear statement of purpose in national heritage legislation conveys a country’s commitment to preservation, outlines specific goals, and guides judicial interpretation. For instance, Kazakhstan’s Law on the Protection and Use of Historical and Cultural Heritage Sites of December 26, 2019, № 288-VI 3PK, emphasizes heritage as a national asset and supports international cooperation, integrating concepts of sustainability and intangible heritage into its legislative objectives.

Central Asian countries utilize varied approaches to heritage administration, balancing centralized government oversight with NGO involvement, as the effectiveness of a national heritage program is dependent on the administrative entities overseeing it. This section emphasizes the need for adaptable heritage governance that responds to local political, economic, and operational contexts, ensuring sustainable cultural preservation. Uzbekistan, for example, a traditional Agency of Cultural Heritage operates under the centralized Ministry of Tourism and Cultural Heritage. But in Kazakhstan, NGOs wielded greater flexibility, as evidenced by the country’s partnership with the NGO Rodnik in managing the Korgalzhyn State Nature Reserve.

Core Protection Mechanisms: Heritage Register and Protective Processes

A heritage register provides an essential inventory of cultural properties deserving preservation and forms the foundation of a national heritage program. Tajikistan’s register, managed by the Ministry of Culture under the Procedure for Maintaining the State Register of Objects of Historical and Cultural Heritage (July 31, 2018, № 3), ensures that heritage resources are documented through rigorous governmental oversight. By involving both national and local authorities in registration, the process ensures credibility and systematic documentation of heritage sites across diverse regions, enhancing their protection.

Legal protections for cultural heritage also extend to both public and private properties, necessitating clear regulations to manage them effectively. Central Asian laws vary in the degree of control they exercise over privately-owned heritage, with some countries permitting limited modifications and others enforcing a strict preservation regime. This section emphasizes the importance of a balanced regulatory approach to address “demolition by neglect,” which poses a risk to heritage assets when property owners neglect their preservation obligations.

Public Involvement and Funding: Stakeholder Participation, Public Access, and Financial Assistance

Community engagement and sustainable funding are critical to a successful heritage framework. Provisions for public and stakeholder participation, as seen in Kyrgyzstan’s laws, encourage local communities, NGOs, and stakeholders to play an active role in heritage decisions, building public investment in conservation efforts. Our study advocates for structured public consultations, similar to the model found in Section 106 of the U.S. National Historic Preservation Act. This enables communities to voice opinions on preservation projects, allowing for integration of their insights into heritage programs.

Sustainable funding, including state grants, tax incentives, and public private partnerships, is also vital to maintaining long-term preservation initiatives. Kazakhstan’s funding programs serve as a model for financial resilience, combining government grants with tax incentives. We recommend that Central Asian countries diversify funding sources, integrating tourism-linked revenue and public private partnerships to ensure ongoing support for heritage projects.

Site and Property Management: Public and Private Heritage Sites, Emergency Provisions

Heritage site management requires tailored approaches based on ownership and situational needs. Publicly owned heritage sites often benefit from centralized management under national heritage agencies, as seen in Tajikistan. Privately-owned sites, however, require flexible regulatory frameworks that consider owners’ rights. Emergency provisions further bolster preservation efforts, preparing heritage programs to respond rapidly to threats from natural disasters or other crises. Kazakhstan’s disaster response protocols, while not heritage-specific, provide a basis for integrating cultural asset protection into broader emergency management systems across the region.

Legal Provisions for Movable Heritage: Protection, Circulation, and Restitution

Protecting movable cultural heritage involves regulating the export, import, and restitution of cultural objects. Legislation should align with international conventions, such as the UNESCO 1970 Convention on the Means of Prohibiting and Preventing the Illicit Import Export and Transfer of Ownership of Cultural Property. We see this, for example, in Uzbekistan's Law on Export and Import of Cultural Property of August 29, 1997, № 472-I, which establishes procedures for the legal movement of cultural items, aiming to prevent illicit trafficking and ensure the return of unlawfully removed objects.

Community Engagement and Private Law Mechanisms: Local Involvement and Conservation Tools

Engaging local communities in heritage conservation fosters a sense of ownership and ensures the sustainability of preservation efforts. Legislation should facilitate community participation and utilize private law mechanisms, such as conservation easements and heritage trusts. In Kyrgyzstan, the Law on the Protection and Use of Historical and Cultural Heritage of July 26, 1999, No. 91, includes provisions for public involvement in heritage protection, encouraging local stewardship of cultural resources.

Comprehensive Support and Adaptation: Miscellaneous Provisions

Effective heritage legislation should include provisions for education, training, and international cooperation to ensure that heritage professionals are well-equipped and trained in best practices Turkmenistan's Law on the Protection of Objects of National Historical and Cultural Heritage of October 19, 2012, № 341-IV, for example, emphasizes the importance of international collaboration in heritage conservation efforts.

Through this study, we aim to foster an ongoing regional dialogue that emphasizes the importance of collaborative, responsive cultural heritage policies in Central Asia. By addressing the distinct needs of both tangible and intangible heritage, we seek to inspire policymakers, practitioners, and local communities to prioritize comprehensive preservation strategies. We envision that this framework will not only guide legislation within Central Asia but also encourage the exchange of best practices, strengthening protections across borders. As modern pressures and global dynamics continue to shape the region, we hope this foundation will serve as a powerful tool to safeguard the Silk Road’s invaluable heritage, preserving its legacy for future generations.

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