Sergiu MUSTEATA
(“Ion Creanga” State University, Chisinau, Republic of Moldova)
This paper outlines the legal framework of the archaeological heritage preservation in Romania and the Republic of Moldova. I will comment on and compare national laws with the European Convention for the Protection of Archaeological Heritage and EU regulations, in order to present the realities at the new EU’s eastern borders.
Heritage preservation is an extremely important topic in post-totalitarian societies, since the historical and cultural values of the local inhabitants have been subject not only to the pressures of time, but also of political regimes that have developed an extremely rigid state ideology concerning our national values.
In Moldova there is no independent law concerning the preservation of archaeological sites and artefacts, as well as the architectural one, movable or immovable heritage. However, preservation of archaeological heritage is tangentially referred to in the Law on the Protection of Monuments and indirectly in other normative acts. International conventions recommend that countries take a special stance towards the archaeological heritage. Most of the countries in the world have adopted these suggestions in their practice, including Romania. But the main problem of those countries remains to be the implementation, management and monitoring of these rules. Unfortunately in Romania, Bulgaria and Moldova looting and antiquities illegal trade are unstill today common phenomenons.
Cultural heritage preservation is not just a moral obligation of each human being as it is mentioned in the Article 59 of the Constitution of Moldova, but also a public and collective responsibility. This responsibility should be transformed by adopting a long-term strategy, materialized in laws, programs and firm attitudes on behalf of the public, academic, governmental and political sphere, for the protection and preservation of the archaeological heritage. What is also needed is the implementation of training and consultancy programs meant to support democratic initiatives at all levels – from the local, regional to the national level. If we are to believe the declarations of the current Government of Moldova concerning their priority of joining European structures, we could suggest to our politicians that the cultural heritage encourages a sense of common belonging, which is very promising for the process of European integration.