Türkiye

 

More detailed report: National Policy Report

National coordinator: Tolunay YILMAZ

 CULTURAL HERITAGE POLICY

The understanding of the protection of cultural heritage in Türkiye started with several official correspondence between central departments and provincial units concerning the “suspicious” excavating and appropriation activities in the late Ottoman period.  The "Asâr-ı Atîka Regulation" in 1869 is the first legal regulation in this matter. The legal framework was developed by regulations of 1874, 1884 and 1906, the latter being especially important as it recognized the archaeological and cultural objects as “state property” without any exception. The general character of these first regulations is a reaction of State institutions to the looting activity especially of archaeological findings. Thus, since the adoption of this regulation, Türkiye has been able to claim the ownership of any cultural property found, unearthed or produced in its territory.

The statutory conservation of cultural heritage of Türkiye is provided initially by the article number 63 of the 1982 Constitution and for this purpose supportive and promotive measures are taken.

Tangible heritage

Due to their archaeological and/or urban archeological importance, there are more than 140,000 immovables registered under the name of cultural property in need of protection in our country, the sites in the status of protected area and examples of civil architecture, religious, administrative, cultural, commercial, military structures, ruins etc. that need to be protected.

These immovables have been defined by the Law No. 2863 on the Conservation of Cultural and Natural Assets, and the procedures and activities to be carried out regarding the immovable cultural properties that need to be protected are regulated with the same law, and the establishment and duties of the organization that will take the necessary principles and implementation decisions have been determined.

Museums are established on the basis of Law No.4848 and amended by Law No.2863 on the Conservation of Cultural and Natural Property. In this regard, as of 2021 the number of Museums affiliated to the Ministry is 209 and there are 142 ruins within the scope of authority of Museum Directorates. Above mentioned Law also includes provisions for the classification, registration, acquisition, protection and preservation of movable cultural and natural property in need of protection. These activities are carried out by 208 Museum Directorates responsible for a total number of 3,278,114 movable cultural properties.

With the impact of technological developments, the importance of accessibility on virtual platforms in terms of museology is significant. Within this framework, “Virtual Museums” platform is developed in 2020 and it is in use since then. As of 2021, the number of Virtual Museums is 46 and currently there is 1 exhibition on Virtual Platform. The total number of visitors of Virtual Museums is 22.885.482.

Intangible heritage

Türkiye’s cultural fabric is made up of a rich combination of diverse cultures rooted deeply in history. By virtue of its geographical position, Türkiye lies at the axis of the cultures of the East, the West, the Middle Eastern, the Mediterranean and Islam. Anatolia is one of the world’s oldest human habitats – hosts of civilizations have called it home – and it enjoys a unique cultural richness with its thousands of years of history. Anatolia’s cultural variety is so rich that we can see great cultural differences even in areas geographically quite close to each other. Thus, all these elements bring rich intangible cultural heritage (ICH) together with itself.

ICH National Inventory of Türkiye is based on territorial principles, covering all geographical parts of the country. The national inventory system aims to identify, register and safeguard the ICH elements of the country. Identifying and registering of an element to national inventory begins at local level. There are Local ICH Boards, which exist in all provinces and consist of concerned communities, local administrators, experts, representatives from institutions and NGOs.

The evaluation of Local ICH Boards concerning the inscription of new element finally send to the Ministerial ICH Evaluation Board which consists of experts from Department of ICH, other governmental bodies, academicians, folklore researchers and representatives of NGOs.

Türkiye currently has 21 ICH elements inscribed on the UNESCO Lists (20 elements inscribed on Representative List of Intangible Cultural Heritage of Humanity and one element inscribed on the List of Intangible Cultural Heritage in Need of Urgent Safeguarding)

  • The Arts of the Meddah, Public Storytellers (2008)
  • The Mevlevi Sema Ceremony (2008)
  • Âşıklık (Minstrelsy) Tradition (2009)
  • Karagöz (2009)
  • Nevruz (2009 Multinational element with Azerbaijan, India, Iran, Kyrgyzstan, Pakistan, Uzbekistan, Türkiye and in 2016 extended with Afghanistan, Iraq, Kazakhstan, Tajikistan, Turkmenistan),
  • Kırkpınar Oil Wrestling Festival (2010)
  • Semah, Alevi-Bektaşi Ritual (2010)
  • Traditional Sohbet Meetings (2010)
  • Ceremonial Keşkek Tradition (2011)
  • Mesir Macunu Festival (2012)
  • Turkish Coffee Culture and Tradition (2013)
  • Ebru, Turkish Art of Marbling (2014)
  • Flatbread Making and Sharing Culture: Lavash, Katyrma, Jupka, Yufka (2016 Multinational element with Azerbaijan, Iran, Kazakhstan and Kyrgyzstan)
  • Traditional Craftsmanship of Çini-making (2016)
  • Whistled language (2017) (List of Intangible Cultural Heritage in Need of Urgent Safeguarding)
  • Spring Celebration, Hıdrellez (2017) (Multinational element with Republic of North Macedonia)
  • Heritage of Dede Qorqud/Korkyt Ata/Dede Korkut: Epic Culture, Folk Tales and Music (2018) (Multinational element with Azerbaijan and Kazakhstan) 
  • Traditional Turkish Archery (2019)
  • Art of miniature (2020) (Multinational nomination with Azerbaijan - Iran (Islamic Republic of) and Uzbekistan)
  • Traditional intelligence and strategy game: Togyzqumalaq, Toguz Korgool, Mangala/Göçürme (2020) (Multinational nomination with Republic of Kazakhstan and Kyrgyz Republic)
  • Hüsn-i Hat, traditional calligraphy in Islamic art in Türkiye (2021)

For the purpose of enabling the transmission of the heritage, Ministry of Culture and Tourism has been cooperating with Ministry of National Education- and local administrations for organizing courses and trainings. ICH elements which were registered to the National Inventory are selected for these training courses within the context of transmit and ensure viability of these elements for the next generations.

On the other hand, in order to research, record, transfer, protect, safeguard and promote folk culture from generation-to-generation Ministry of Culture and Tourism, Directorate General of Research and Training has been conducting folkloric field researches since 1960’s. The data obtained from these field researches have been archived in Folk Culture Information and Documentation Centre in Ministry of Culture and Tourism. Folk Culture Information and Documentation Centre (FCIDC), established in 1966, is the documentation institution for ICH in Türkiye. The archived documents and materials, from all ICH domains, including ethnographic items, video-sound recordings, photographs, microfilms, slides, written documents, documentaries, etc. reflects the diversity of ICH in Türkiye. Today, the folk culture information and documentation center has 205969 documents in its archive.

Finally, the Ministry of Culture and Tourism has been conducting “Digitalization of Folk Culture Information and Documentation Centre” project since 2018. After the finalization of the project all documents and materials will be digitalized and accessed online by researchers from the website of the Ministry of Culture and Tourism. Researchers will be able to search the archive, buy and download the digitalized documents or materials which they would like to have.

 

 INSTITUTIONAL FRAMEWORK

The concept of cultural heritage is analyzed in two basic pillars. First one is cultural heritage in terms of moveable and immoveable elements. Second one is intangible cultural heritage (ICH).  Legislatively, both of these areas are administered by Ministry of Culture and Tourism of Türkiye.

Turkish government has assigned the Ministry of Culture and Tourism for the management and conservation of the cultural heritage in general. The Law No. 2863 also gives authority to the Presidency of Turkish Grand National Assembly, Ministry of Defense and Directorate General of Waqifs to carry out conservation work in their responsibility areas. Nevertheless, it also has to be noted that the Directorate General of Waqifs was given under the administration of Ministry of Culture and Tourism with a Presidential decree. Ministry of Culture and Tourism is a public governmental authority, which is established;

  • to conserve, maintain, promote and to prevent the demolition of cultural heritage values,
  • to put all the values of the country that are convenient for touristic activities in good use to ensure their positive contribution to the national economy,
  • to enable the development of tourism, 
  • to make guidance for public authorities related with culture and tourism issues,
  • to develop communication and work in collaboration with local governments, non-governmental organizations and enhance public-private sector collaboration.

 


 

General Directorate of Cultural Assets and Museums,

  • Regional Council Directorates for the Conservation of Cultural Properties
  • State Museums
  • Laboratories of Restoration and Conservation
  • Directorates of Survey and Monuments
  • Conservation, Implementation and Inspection Offices in Governorships and Municipalities (KUDEB)

It is one of the directorates under the Ministry of Culture and Tourism with the mission and the authority of protection and conservation of movable and immovable cultural properties due Law No. 2863 on the Conservation of Cultural and Natural Property.

Main issues performed by the Directorate are as follows;

  • Conservation and restoration of movable and immovable cultural assets
  • Coordination of World Heritage issues
  • Coordination of museology activities
  • Giving excavation permits (for urban and archaeological sites)
  • Producing landscaping projects for archaeological sites
  • Coordination of site management issues
  • Design and implementation of conservation development plans
  • Prevention of smuggling of cultural assets as well as bringing them back
  • Organization of national and foreign exhibitions related with the cultural issues.

‘Protection of Cultural Assets and Regional Conservation Boards’ operate under the organization of General Directorate of Cultural Assets and Museums at the regional level.  In this regard, there are 33 regional conservation boards that cover 81 provinces. 

Civil Society Organizations were officially recognized as actors in conservation of cultural heritage by the paragraph added to the Article 3. of  the Law No. 2863 by the Law No. 5226 which defined the Management Site and Plans.

General Directorate of Research and Training

It is the directorate under the Ministry of Culture and Tourism with the mission and the authority of research, compilation, archiving and creation of awareness with regard to intangible cultural heritage, as well as providing coordination and cooperation with national and international authorities.

Türkiye has undertaken systematic efforts to safeguard ICH, since its ratification to the UNESCO Convention for the Safeguarding of the ICH on 27 March 2006. Directorate General of Research and Training was designated as executive body of the Convention.

Regional Laboratory Directorates of Restoration and Conservation

There are 10 Regional Laboratories operating under the General Directorate of Cultural Heritage and Museums of the Ministry of Culture and Tourism. In addition to the restoration and conservation works of movable and immovable cultural and natural property carried out in the museums and archaeological sites, the laboratories perform studies on the creation of correct intervention methods in restoration projects. Museums and archaeological sites, the laboratories carry out studies on researching suitable climate, storage and display environments for the preservation of artifacts in museums and temporary exhibitions at home / abroad, determination of material and protection problems of historical buildings, analysis of original building materials, creating correct intervention methods in restoration projects.

 

 LEGAL FRAMEWORK

The Constitution of Republic of Türkiye recognizes “culture” as an individual right and an important pillar of development and planning. (Preamble and Article 166) Besides, the concept of “cultural need” is mentioned in the article defining the rights of Turkish citizens working abroad. (Article 62)

1906 Regulation was in force until the adoption of the Laws respectively Numbered 1710 in 1973 and Numbered 2863 in 1983 which is still in force. It is accepted by the latter law, the Law on the Conservation of the Cultural and Natural Properties, that all cultural heritage is qualified as state property.

  • Law No. 2863 on the Protection of Cultural and Natural Assets

All administrative procedures about conservation of cultural heritage are executed according to the Law No. 2863, regulations and other secondary legislation. Law number 2863 includes penal provisions about illicit trafficking, smuggling and unlawful excavations of cultural properties.

  • Presidential Decree Number 1 Concerning the Organization of Presidency (contains provisions about the organizational structure of all Ministries and other central State institutions)
  • Law No.  2960 on Boğaziçi (Bosphorus)
  • Law No. 5225 on Encouragement of Cultural Investments and Initiatives
  • Law No. 5366 of Renovating, Conserving and Actively Using Dilapidated Historical and Cultural Immovable Assets
  • Law No. 5737 on Waqfs (Foundations)
  • Law No. 7174 on Site of Cappadocia

 

 RATIFIED INTERNATIONAL CONVENTIONS

 

Council of Europe

  • European Cultural Convention (Paris, 1954)
  • Convention for the Protection of the Architectural Heritage of Europe (Granada, 1985)
  • European Convention on the Protection of the Archaeological Heritage (Valetta, Malta, 1992)
  • European Landscape Convention (Florence, 2000)

UNESCO

  • Convention for the Protection of Cultural Property in the Event of Armed Conflict (Hague Convention, 1954)
  • Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property (Paris, 1970)
  • Convention concerning the Protection of the World Cultural and Natural Heritage (Paris, 1972)
  • Convention for the Safeguarding of the Intangible Cultural Heritage (Paris, 2003)
  • Convention on the Protection and Promotion of the Diversity of Cultural Expressions (with reservations and declarations) (Paris, 2005)

Bilateral agreements for the cooperation on the combatting illicit trafficking of cultural property

  • Memorandum of Understanding between the Government of the Republic of Türkiye and the Government of Islamic Republic of Iran on the Prohibition and Prevention of the Illicit Import and Export, Transit and Transfer of Ownership of Cultural Property (Entry in Force: 02.11.2016)
  • Protocol between the Government of the Republic of Türkiye and the Government of the Hellenic Republic on the Prohibition and Prevention of the Illicit Import, Export, Transit and Transfer of Ownership of Cultural Property (Entry in Force: 27.06.2013)
  • Agreement between the Government of the Republic of Türkiye and the Government of the People’s Republic of China on Preventing the Theft, Clandestine Excavation and Illicit Import and Export of Cultural Property. (Entry in Force: 09.09.2009)
  • Agreement between the Government of the Republic of Türkiye and the Government of the Republic of Bulgaria on the Prohibition and Prevention of the Illicit Import, Export and Transfer of Ownership of Cultural Property. (Entry in Force: 20.03.2013)
  • Agreement for the Protection, Preservation, Recovery and Restitution of Cultural, Archaeological, Artistic and Historical Cultural Property Traded, Exported and Transferred Illicitly between the Republic of Türkiye and the Republic of Peru.
  • Customs Cooperation Agreement between the Government of the Republic of Türkiye and the Government of Turkmenistan on the Seizure and Return of the Illicitly Imported or Exported Cultural Artefacts. (Entry in Force: 10.07.1999)
  • Agreement between the Government of the Republic of Türkiye and the Government of the Republic of Uzbekistan on Mutual Assistance in Preventing the Smuggling of Cultural Values and Securing Their Return. (22.07.1998)
  • Memorandum of Understanding between the Government of the Republic of Türkiye and the Government of the United States of America Concerning the Imposition of Import Restrictions on Categories of Archaeological and Ethnological Material of Türkiye (05.03.2021)