The key normative-legal Act regulating the cultural sphere is the Law on Fundamentals of Cultural Legislation (2002), which determines the tasks of the Republic of Armenia’s cultural legislation, principles of the state cultural policy, goals, approaches to the cultures of national minorities, fundamental human and civil rights and freedoms in the cultural sphere, cultural wealth of the Republic of Armenia, relations between the state and the creative workers’ unions, state activities in the cultural sphere, powers of the state and local self-government bodies, financing of culture and cultural activities, types of activities of cultural non-profit organisations, and the main directions of international cooperation in this sphere.
Analysis of the Law on Fundamentals of Cultural Legislation shows a necessity to adopt legislation to regulate the separate cultural sectors (protection of cultural heritage, cinematography, works of amateur art, museums, libraries, archives, publishing businesses, artistic education, folk culture, etc).
Some of the drafts regulating the cultural sphere are at the discussion stage in the National Assembly for several years. Work on drafting of some laws is under way at the Ministry of Culture. It is anticipated to develop and submit, for adoption to the National Assembly, the following legal acts: Draft Laws on Theatre and Theatrical Activity, on Museum Collection and Museums, on Library Activity, on Non-Material Cultural Heritage and new editions of old laws such as Documents and Fundamentals of Cultural Legislation. It is also anticipated to develop and present the draft Law on National Film.
The cultural sphere is also regulated by other laws and by-laws, including Laws on Preservation and Utilisation of Immovable Monuments of History and Culture and of the Historic Environment, Immovable Monuments of History and Culture Considered State Ownership of RA and Not Subject to Alienation, Archives Activity, as well as Regulations on the State Registration, Study, Protection, Mounting, Repair, Restoration, Utilisation of the fundamental rights and freedoms of artists are prescribed by the Law on the Fundamentals of Cultural Legislation (2002).
The fundamental human and civil rights and freedoms in the cultural sector are envisaged in Chapter 2 of the Law, by which every person has a right to participate in cultural life and carry out cultural and creative activity, participate in cultural values, receive appropriate education, as well as the right to export the results of their creative activity. The creators have a right to establish cultural organisations. The same Law determines that the state supports the activities of the creative workers’ unions, giving them an opportunity to participate in cultural policy development and takes into consideration their proposals in the course of elaboration of programmes in the spheres of creative workers’ employment, professional training, job guarantees and social security. According to Article 3 of the Law, the principle of freedom of cultural and creative activity is envisaged.
Table 2: International legal instruments implemented by Armenia in the cultural field
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Title of the act |
Year of adoption in Armenia |
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The 1954 Hague Convention for the Protection of Cultural Property in the event of armed conflict |
05.12.1993 |
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Second Protocol to the 1954 Hague Convention for the Protection of Cultural Property in in the event of armed conflicts, The Hague, March 26, 1999 |
18.08.2006 |
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First Protocol of 1954 on the Protection of Cultural Property in the in the case of armed conflicts |
05.12.1993 |
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The 1948 Convention on the Prevention and Punishment of the Crime of Genocide |
23.06.1993 |
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Geneva Convention of August 12, 1949 for the Protection of the Civilian Population in Time of War |
21.10.1950 |
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Geneva Conventions of August 12, 1949 for the Protection of Victims of International Armed Conflicts (Protocol 1) |
07.12.1993 |
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Geneva Conventions of August 12, 1949 for the Protection of Victims of Armed Conflicts of a Non-International Character, (Protocol 2) |
07.12.1993 |
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2003 UNESCO Convention for the Safeguarding of the Intangible Cultural Heritage 1972 UNESCO Convention for the Protection of the World Cultural and Natural Heritage The importance of cultural heritage for society Council of Europe Framework Convention 2005, Faro Convention for the Protection of Cultural Property in the Event of Armed Conflict. The Hague, 14 May 1954 Second Protocol to the Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict 1954, The Hague, 26 March 1999 Convention (IV) for the protection of civilians in time of war. Geneva, 12 August 1949 Protocol Additional to the Geneva Conventions of 12 August 1949, Relating to the Protection of Victims of Non-International Armed Conflicts (Protocol II). Geneva, 8 June 1977 Additional Protocol to the Geneva Conventions of August 12, 1949, concerning the protection of victims of international armed conflicts (Protocol I) Convention on the Prevention and Punishment of the Crime of Genocide, 1948 Convention for the Protection of the World Cultural and Natural Heritage, 1972, Paris, UNESCO Convention for the Safeguarding of the Intangible Cultural Heritage, 2003, UNESCO Council of Europe Framework Convention on the Significance of Cultural Heritage for Society, 2005, Faro Protocol for the Protection of Cultural Property in the Event of Armed Conflict. The Hague, May 14, 1954 Second Protocol to the Hague Convention of 1954 for the Protection of Cultural Property in the Event of Armed Conflict The Hague, 26 March 1999 Convention for the Protection of Cultural Property in the Event of Armed Conflict. The Hague, 14 May 1954 Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts (Protocol I), 8 June 1977 Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of Non-International Armed Conflicts (Protocol II), 8 June 1977 Convention on the Rights of the Child, 20 November 1989 Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict, 25 May 2000 Protocol additional to the Geneva Conventions of 12 August 1949, and relating to the Adoption of an Additional Distinctive Emblem (Protocol III), 8 December 2005 Convention on the Prevention and Punishment of the Crime of Genocide, 9 December 1948 Rome Statute of the International Criminal Court, 17 July 1998 Convention on the Non-Applicability of Statutory Limitations to War Crimes and Crimes Against Humanity, 26 November 1968 Protection of cultural property military manual, UNESCO, 2016 Convention for the Safeguarding of the Intangible Cultural Heritage, 2003 Convention concerning the protection of the world cultural and natural heritage, 1972, Paris Convention on the Value of Cultural Heritage for Society (Faro Convention, 2005 |
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