The Incorporation of the Cultural Landscape as a Heritage Category in South American Legislation: New Perspectives for the Protection of Pampean Heritage Sites

Abstract

The heritage category of cultural landscape has been recognized internationally by charters and recommendations adopted by international organizations in the last decades of the 20th century. However, these documents are not binding on States. The UNESCO Convention Concerning the Protection of the World Cultural and Natural Heritage of 1972 included this category in the Operational Guidelines for its implementation in 1992. In this paper, we analyze the incorporation of this category in the internal legislation of South American countries. From the comparison of secondary sources and the micro-comparison of elements in each norm, the flexibility of the legal systems to safeguard the cultural heritage through these new categories is examined. The studied elements are organized around two legal dimensions: the first refers to the conceptualization of the studied category, and the second relates to the devices with which such protection is provided. The results show, on the one hand, the lack of regulations for the protection of cultural heritage in certain South American countries, while on the other hand, the gradual incorporation of the category analyzed into national legislation. However, in those countries that recognize the cultural landscape, the legal development of both conceptual and guardianship is still incipient. The challenges of the cultural landscape approach are analyzed concerning some examples of Pampean archaeological heritage.