The construction of heritage in Argentina: legal and social values and disvalues

ENDERE, MARIA LUZ

Dublín

Congreso; VI World Archaeological Congress; 2008

World Archaeological Congress

According to the National Constitution of Argentina, archaeological heritage is managed by both Federal and Provincial government. This has resulted in a number of different laws, most of them enacted before the national law 25.743/03 and thus, without considering its terms. Furthermore the new national law does not recognise any right to the indigenous communities despite the fact that Argentinahas ratified the 169 OIT Convention and the National Constitution acknowledges indigenous people?s right ?to participate in the management of their natural resources and any other matters of their interest?. Legal loop-holes regarding underwater cultural heritage and archaeological impact assessments as well as lack of funding for implementing site management plans are other key issues. Thus, the aim of this paper is to analyse and discuss the complexity of the legal system and the difficulties that archaeologists, indigenous communities and managers must face in order to protect archaeological heritage in Argentina.