Protecting Heritage in the Caribbean

10. French West Indies

10 French West Indies Benoît Bérard and Christian Stouvenot Introduction The French West Indies consist of the Guadeloupean archipelago (BasseTerre , Grande-Terre, les Saintes, Marie-Galante, and la Désirade), Martinique ,St.Martin,and St.Barthélemy.They were colonies of France from the seventeenth century to 1946, when they obtained the status of French overseas departments. As such, French national law in general and heritage protection specifically apply to the French West Indies (FWI). Like other Antillean islands,the FWI have a rich cultural heritage.Whatever aspect of heritage we are discussing—archaeology, architecture, industry , antiques, works of art, oral and written archives, intangible heritage (knowledge,ethnology,languages)—the legal frame in force is the same as in continental France. However, implementation of regulations and the institutions in charge of enforcement are fairly recent, after 1946 when the FWI became French overseas departments. About French Law French laws relating to cultural heritage are grouped in the Code du Patrimoine (available online at http://www.legifrance.gouv.fr/), which contains several topics,including archives,museums,archaeology,and historic monuments . Some articles refer to the Penal Code, the Code of Urban Development , the Environmental Code, or the Mining Code. These laws are supplemented by various decrees that define the implementing conditions for different areas: preventive archaeology (Decree 2004-490), the Institut National de Recherches Archeologiques Préventives (INRAP), advisory bodies , the content of field reports, penal provisions, and such. Heritage laws were created in 1917 (historic monuments) and 1941 (archaeology). Preven- French West Indies / 81 tive archaeology legislation dates to 2001 and is an application of the European Convention of Malta (1992). Historic Monuments The law on historic monuments dates to 1913.It allows for the creation of lists of sites, historical buildings, antiques, and works of art, which will be protected and subject to strict regulations that owners must follow. Any citizen, institution, or association may propose listing buildings;the decision is made by a representative of the state in the region after consultation with a committee . Once listed, proposed modifications to a building must be submitted to the state, which provides advice and may impose constraints such as the use of specified materials and construction methods that maintain the historical integrity of the building. Further, any proposed construction project within a radius of 500 meters around a protected historic building must be submitted for review to a state architect who determines whether the project fits into the landscape of the historic building. Similarly, sales of historic monuments (buildings or objects) by the owners must be declared. Compliance with the constraints results in significant financial aid from the state in the maintenance and restoration of the historic buildings. Heritage protection in the FWI was slow to develop.In 1917 the governor of Guadeloupe established by decree a list of 21 sites.That list contained the pre-Columbian petroglyph sites of Trois-Rivieres and Rivière Duplessis. However, that list was not associated with any real protective measures. The 1960s was an era of heightened awareness for heritage resources,spearheaded by private institutions like the Historical Society of Guadeloupe,which created the Parc des Roches Gravées (Pre-Columbian Petroglyph Park) inTroisRivieres in 1970 and asked for its protection under the historic monuments regulation. The site was listed by the state in 1974, the first to benefit from such protection in the FWI.Along with the listing of this site,a series of classification procedures were introduced, which are still followed today. Currently, in Guadeloupe and Martinique there are 180 protected sites, including churches, cemeteries, tombs, colonial sugar or indigo plantations, sugar mills,potters workshops,lime kilns,structures (bridges),statues,parks, historic sites, public buildings, contemporary architecture, town houses, fortifications ,petroglyphs,caves with rock art,and pre-Columbian settlements.The number of protected buildings in the French Antilles remains well below the French national average, where each region has several thousand buildings protected. State services in charge of the FWI files are currently conducting intensive surveys to identify buildings in need of protection, preservation, 82 / Benoît Bérard and Christian Stouvenot and restoration following professional standards. Approximately 100 buildings should benefit from this effort over the next two to three years. Written Archives Written archives are crucial for historical and genealogical research. Conservation procedures for these documents are defined by a regulatory framework that identifies which organizations maintain public records and what are the documents that...