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possessing “unique” cultural resources. 13 It also provides for environmental impact
assessment where activities are likely to cause significant “custom impacts”. 14 Recent
amendments to the Preservation of Sites and Artefacts Act provide for the classifi-
cation of sites and objects of historical, archaeological, ethnological or artistic signi-
ficance as national heritage. 15 It also provides that such heritage must not be altered
without approval, nor exported, and that heritage inspectors will be appointed.
Again, this is an area where CSICH and UNESCO might assist the Pacific island
nations. As will be explored below, initiatives such as the UNESCO-WIPO Model
Provisions for National Laws on the Protection of Expressions of Folklore against
Illicit and Other Prejudicial Actions and UNESCO Database of National Cultural
Heritage Laws could build regional capacity and also provide an opportunity for
individual countries to share their experiences and assist the development of law
and policy in other nations. Thus national and local experiences may help shape
regional and global efforts. This in itself is a form of global recognition and facili-
tates indigenous regional voices being heard at the international level.
Regional Efforts
At the regional level, key associations include the Pacific Islands Forum Secretariat
(PIFS) 16 and the Secretariat of the Pacific Community (SPC). 17 The Pacific Plan is
the principal document which addresses the challenges facing Pacific island
nations. Its goals include strengthening regional cooperation and integration by
enhancing and stimulating regional economic growth, sustainable development,
good governance and security. It includes as one of its sustainable development
objectives recognising and protecting “cultural values, identities and traditional
knowledge”. More specifically the Plan supports the development of a “strategy to
maintain and strengthen Pacific cultural identity”, and the establishment of an
“institution to advocate for, and protect, traditional knowledge and intellectual
property rights”. As a milestone in achieving this latter objective, reference is made
to the creation of an institution and development of national heritage plans.
However, no further details are provided as to how this is to be done.
SPC is a hub for youth, gender and cultural initiatives; it is developing a regional
culture strategy in collaboration with the Council of Pacific Arts-Working Group
13 Section 35(a).
14 Section 12(1)(a).
15 Preservation of Sites and Artefacts (Amendment) Act 2008.
16 The Pacific Islands Forum Secretariat (PIFS) has 16 member countries and is the intergovern-
mental organization that coordinates the implementation of the Pacific Plan : http://www.forumsec.
org.fj/ .
17 The Secretariat of the Pacific Community (SPC) was founded in 1947 and provides technical,
research, educational, and planning services to its 26 member states: http://www.spc.int/ .
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