COURSE TITLE: HERITAGE LEGISLATION

COURSE CODE: HIH 202

CREDIT POINTS: 15
PRE-REQUISITES: HIH 102: National Heritage
HIH 101: Introduction to Heritage Studies

TEACHING ORGANISATION: 3 hours of Lecture/Tutorial per week for 13 weeks or equivalent

COURSE DESCRIPTION:

This course challenges students to appreciate the legal requirements regarding their cultural heritage in relation to property market and property rights when a state government pursues pro-development strategies as its national development agenda. As cultural heritage places, sites, objects and properties, on the one hand are threatened, and on the other hand commoditized, what challenges does this pose to heritage conservation in Papua New Guinea? This begs the question of effective administration of appropriate Heritage Legislation with regards cultural heritage property rights and relation in a rapidly changing Papua New Guinea society. A critical review of existing heritage legislation will be discussed in this course. Case studies will be reviewed to highlight the application (or lack of application) of our existing heritage laws vis-a-vis in protecting our cultural heritage in a pro-development context. Are our Heritage legislations adequate in protecting our cultural heritage? Are our three tier levels of government within their sphere of influences adequately protecting and conserving our cultural heritage and cultural property rights in a pro-development context?

LEARNING OUTCOMES: (key competency areas)

This course is designed to enrich students to appreciate their cultural rights and cultural property rights in a fast-changing Papua New Guinea society. Understanding their cultural heritage laws would enable them to ensure our cultural property rights are respected, protected and promoted in a pro-development context. Thus, this course would;
• Enable students to develop ‘critical thinking’ skills
• Enable students to grasps contestation issues of development impacts to culture and cultural heritage in a project footprint
• Enable students to develop an appreciation of cultural heritage laws in national development vis-a-vis provincial and local level tiers of governments
• Enable students to champion conservation and protection of their cultural rights and cultural heritage causes
• Enable students to develop basic documentation and interpretation skills in protecting, conserving and promoting their cultural heritage

CONTENTS:

CULTURAL HERITAGE LAWS
An overview of cultural heritage laws in Papua New Guinea in relation to cultural property laws and cultural rights of indigenous people.

THE CULTURAL SECTOR IN PAPUA NEW GUINEA
Cultural Sector in Papua New Guinea
Legislative Framework
Administrative Framework
CASE STUDIES
THE APPLICATION OF CULTURAL HERITAGE LEGISLATION
Case Study 1: ‘The Swamp Ghost’ (NCP Act & War Surplus Material Act)
Case Study 2: ‘The Kaiam Bridge Cultural Clearance in a development project impact assessment case (NCP Act and Cultural Heritage Management Plan)
Case Study 3: The Ambum stone Case (NMAG Act, NCP Act and collection management process)
Case Study 4: The defacing of the Parliament House Lintels and other cultural properties case
Case Study 5: The Jolika collection case
Case Study 6: The Master Piece Collection case

TEACHING AND LEARNING STRATEGIES

The learning and teaching strategies include lectures, group work and presentations, reading and discussion, and literature reviews.

ASSESSMENT TASKS

There will be 4 assessable tasks to assess students’ competencies as highlighted in the learning outcomes above.

Task 1: Written Test
Description: Short answer test on concepts, issues and themes introduced. This test is to assess students’ comprehension and understanding of themes and issues presented/discussed in the first 4 weeks of this course.
Criteria: Students will be assessed on the learning outcomes stated above in this course
Due date: week 4
Length: 1 hour
Weighting: 15%

Task 2: Written Essay
Description: Students will be tasked to compare and contrast Case Study 2 with Case Study 3
Criteria: The essay will be marked under the following marking scheme: how student’s use extra resources besides lecture notes, the format of the essay, comprehensiveness of content, organization of material, logic and structure, formatting and novelty of presentation
Due Date: End of Week 8
Length: 4 – 6 pages
Weighting: 20%

Task 3: Major Project
Description: Students will review a case study of their choice and argue whether heritage law(s) were/was adequately applied or otherwise in these case studies.
Criteria: Students will be assessed on; critical thinking, analytical skills, the format of the essay, organization of material, use of extra resources besides lecture notes, and comprehensiveness of the content, logic, structure and in the novelty of presentation. This assessable task is to assess whether students can critically identify cultural heritage legal issues and present these issues in a short, sharp and succinct written narrative.
Due Date: Week 10
Length: 12 – 16 pages
Weighting: 25%

Task 4: Written Final Examination
Description: Final examination to synthesis learning throughout the semester
Criteria: Students will be assessed on the unit’s learning outcomes with regards appreciation of application or lack of application of cultural heritage legislation by respective authorities in Papua New Guinea in a pro – development context.
Due Date: Exam week at the end of Semester
Length: 2 hours
Weighting: 40%

EVALUATION:

Formative and summative evaluation will be done. This will involve oral questioning, sharp and succinct written expression and high level of critical thinking and comprehension.
SELECTED REFERENCES:

Busse M & Whimp K., 2000. Protection of Intellectual, biological and cultural property in Papua New Guinea. Asia Pacific Press ANU, Australia and Conservation Melanesia Inc. Port Moresby PNG

Crocombe RON., 1994. ‘Cultural Policies in the Pacific Islands’. In. Lamont & White ( ed) Culture, Kastom, Tradition – Developing Cultural Policies in Melanesia. Institute of Pacific Studies

Ketan J. & MUKE J, 2002, National Heritage Management; A site management plan for the Kuk World Heritage Project in Papua New Guinea.

Smith A & TURK C. 2013. Customary systems of management and World Heritage in the Pacific Islands, In Transcending the culture-nature divide in cultural heritage; views from the Asia Pacific Region, ANU EPress, Canberra, A. C. T. , pp23 – 34. Available from Deakin Research Online http://hdl.handle.net/10536/DRO/DU:30065112

VOI M., 1994. ‘An Overview of Cultural Policy in Papua New Guinea since 1974’ In. Lamont & White (ed) Culture, Kastom, Tradition – Developing Cultural Policies in Melanesia. Institute of Pacific Studies

Class Handouts

Class Handouts from various sources

Online Sources
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