58

Environmental and Social Policy

PR 8: Cultural Heritage
Introduction
1. The EBRD recognises the importance
of cultural heritage for present and future
generations. Consistent with the Convention
Concerning the Protection of the World Cultural
and Natural Heritage and the Convention for
the Safeguarding of Intangible Heritage, this
Performance Requirement aims to protect
irreplaceable cultural heritage and to guide
clients to avoid or mitigate adverse impacts on
cultural heritage in the course of their business
operations. In addition, the requirements of this
Performance Requirement related to a projects
use of cultural heritage are based in part on
standards set by the Convention on Biological
Diversity. The Bank supports a precautionary
approach to the management and sustainable
use of cultural heritage in line with the
Rio Declaration.
2. Cultural heritage is important as a source of
valuable historical and scientific information, as
an asset for economic and social development,
and as an integral part of a peoples cultural
identity, practices, and continuity.
3. In pursuing these aims of protection and
conservation, the Bank is guided by and
supports the implementation of applicable
international conventions and other
instruments.1 The EBRD also recognises the
need for all parties to respect the laws and
regulations that pertain to cultural heritage in
a projects area of influence and the country
of operations obligations under relevant
international treaties and agreements. These
laws may be cultural heritage or antiquities laws,
planning or building consent laws, conservation
area or protected area regulations, other laws
1

and regulations governing the built historic

environment, or laws relating to the protection
of Indigenous Peoples.

Objectives
4. The objectives of this Performance
Requirement (PR) are:
to support the conservation of cultural
heritage in the context of EBRD-financed
projects
to protect cultural heritage from adverse
impacts of project activities
to promote the equitable sharing of
benefits from the use of cultural heritage
in business activities
to promote the awareness of and
appreciation of cultural heritage
where possible.
5. This PR sets a framework for clients to protect
cultural heritage through the avoidance, and
where avoidance is not feasible, the reduction
and mitigation of any potential adverse impacts
by EBRD-financed activities, in an appropriate
and proportionate manner.

Scope of application
6. This Policy will apply when a project is likely
to affect irreplaceable cultural heritage. The
provisions of this PR apply whether or not the
cultural heritage has been legally protected or
previously disturbed.
7. For the purposes of this PR, the term cultural
heritage is defined as a group of resources
inherited from the past which people identify,
independently of ownership, as a reflection and
expression of their constantly evolving values,
beliefs, knowledge and traditions.

Such as the following:

Convention concerning the Protection of the World Cultural and Natural Heritage, 1972 (UNESCO World Heritage Convention).
Convention for the Safeguarding of the Intangible Cultural Heritage, 2003 (UNESCO Intangible Heritage Convention).
Convention on the Protection of the Underwater Heritage, 2001 (UNESCO Underwater Heritage Convention).
Council of Europe Framework Convention on the Value of Cultural Heritage for Society, 2005.
The Australia ICOMOS Charter for the Conservation of Places of Cultural Significance (The Burra Charter) (Australia ICOMOS).

It encompasses tangible (physical) and

intangible heritage, the boundaries of which are
a subject of considerable debate among heritage
experts. The cultural heritage may be valued at
the local, regional, or national level, or within
the international community:2
Physical cultural heritage concerns
movable or immovable objects, sites,
groups of structures, and natural features
and landscapes that have archaeological,
paleontological, historical, architectural,
religious, aesthetic or other
cultural significance.
Intangible cultural heritage means the
practices, representations, expressions,
knowledge, skills as well as the
instruments, objects, artefacts and cultural
spaces associated therewith that
communities, groups and, in some cases,
individuals recognise as part of their cultural
heritage and which are transmitted from
generation to generation.3
8. The EBRD recognises that sites or objects
representing cultural heritage value or
significance could be uncovered in unexpected
locations, during the actual implementation of
an approved project. Therefore, a project is
subject to the provisions of this PR if it:
involves significant excavations, demolitions,
movement of earth, flooding or other changes
in the physical environment

Environmental and Social Policy

9. The applicability of this PR in other cases

will be determined by the Bank during the
environmental and social appraisal process
(see paragraph 10 below). Projects specifically
designed to support the conservation or
management of cultural heritage are individually
reviewed by the Bank. If applicable, the Bank will
agree with the client how the requirements of
this PR will be addressed and managed as part
of the clients overall Environmental and Social
Action Plan (ESAP) and/or Management System.
The environmental and social appraisal and
management requirements are outlined in
PR 1 and PR 10.

Requirements
Appraisal
Screening for risks or impacts on
cultural heritage
10. At an early stage of the environmental and
social appraisal (see PR 1), the client will identify
if any cultural heritage is likely to be adversely
affected by the project, and assess the
likelihood of any chance finds (see paragraph
16). In doing so, the client will consult with
relevant ministries, experts and local
communities as appropriate.4 The intensity
of study of cultural resources should be
sufficient to fully characterise the risks
and impacts, consistent with a precautionary
approach and reflecting the concerns of relevant
stakeholders.

is located in, or in the vicinity of, a cultural

heritage site recognised by the country
of operation, or
may have an adverse impact on the
culture, knowledge and practices of
Indigenous Peoples.

This definition is consistent with the Council of Europe Framework Convention on the Value of Cultural Heritage for Society.
Cultural heritage is also known as cultural patrimony, cultural assets, cultural resources, or cultural property.
3
As set out in the Convention for the Safeguarding of the Intangible Cultural Heritage.
4
See PR 1 and 10. In the case of Category A projects, this should be discussed during the scoping meeting. See section 10 of PR 10.
2

59

60

Environmental and Social Policy

Impacts on intangible heritage

11. Although potential impacts on intangible
cultural heritage might be less obvious than
impacts on tangible cultural heritage, they may
be of equal significance. If the environment
is crucial for maintaining traditional skills,
knowledge and beliefs, any relocation or
detachment could trigger the loss of traditional
knowledge, beliefs and/or loss of minor dialects
and languages and ultimately result in the
disintegration of a community.
Avoiding impacts
12. The client is responsible for locating and
designing a project so as to avoid significant
damage to cultural heritage. If potential impacts
are identified at the early stages of project
development, preference should be given to
avoiding adverse impacts during the design
and site selection phases.
Assessing impacts that cannot be avoided
13. Where impacts cannot be avoided, the client
will, based on the results of the preliminary
screening undertake studies required to assess
potential impacts and, if necessary, the required
changes in design. The scope of these studies
will be agreed with the EBRD on a case-by-case
basis. The studies will be conducted by qualified
and experienced cultural heritage specialists,
either as part of the overall environmental and
social assessment in accordance with PR 1,
or separately. The EBRD may require the
involvement of external experts.

14. The assessment and mitigation of impacts

on cultural heritage will be conducted in
accordance with relevant provisions of national
and/or local laws, regulations and protected area
management plans, national obligations under
international laws and internationally accepted
good practice. In the majority of the EBRD
countries of operations, laws prohibit the
removal of objects and demolition of sites
of physical cultural heritage. Internationally
accepted good practice includes, but is not
limited to: archaeological or paleontological
field survey, laboratory examination of found
objects, exhibitions featuring new finds,
and documentation.

Managing impacts on cultural heritage

15. Based on the results of the field surveys,
expert assessment of the significance of cultural
heritage, requirements of national legislation
and relevant international conventions, as well
as on the results of consultations with affected
communities (see paragraph 17), the client will
be required to develop appropriate mitigation
measures in order to reduce and mitigate any
adverse impacts on the cultural heritage, along
with the implementation schedule and required
budget for such measures. Such mitigation
measures might be included in the
Environmental and Social Action Plan for the
project or in a specific Cultural Heritage
Management Plan. The client will also ensure
that trained and qualified personnel are available
to oversee the implementation of mitigation
measures, and that any contractors working
on the project have the necessary skills and
expertise and are managed and monitored
in accordance with paragraph 19 of PR 1.

Chance find procedures

16. The client will ensure that provisions for
managing chance finds, defined as physical
cultural heritage encountered unexpectedly
during project implementation, are in place.
Such provisions shall include notification of
relevant competent bodies of found objects or
sites; alerting project personnel to the possibility
of chance finds being discovered; and fencing-off
the area of finds to avoid any further disturbance
or destruction. The client will not disturb any
chance finds until an assessment by a
designated and qualified specialist is made and
actions consistent with national legislation and
this PR are identified.

Consultation with affected communities

17. Where a project may affect cultural heritage,
the client will consult with affected communities
within the host country who use or have used
the cultural heritage within living memory for
longstanding cultural purposes to identify
cultural heritage of importance, and to
incorporate into the clients decision-making
process the views of the affected communities
on such cultural heritage. The client will provide
information to affected communities, in a
transparent and appropriate language, on the
scope, location, duration of a project, and any
activities that might involve impacts on cultural
heritage. Such consultation must follow the
requirements of PR 10 and could be a part of
a wider consultation process on the projects
environmental and social impacts in accordance
with PR 10. Consultation will also involve the
relevant national or local regulatory authorities
entrusted with protection of cultural heritage.
Impacts on cultural heritage will be appropriately
mitigated with the informed participation of the
affected communities.

Environmental and Social Policy

18. Where a project may significantly damage

cultural heritage, and its damage or loss may
endanger the cultural or economic survival of
communities within the country of operation,
who use the cultural heritage for longstanding
cultural purposes, the client will apply the
requirements of paragraph 17 and will not
proceed unless it: (i) enters into a good faith
negotiation with the affected communities; and
(ii) documents their informed participation and
the successful outcome of the negotiation.

Projects use of cultural heritage

19. Where a project proposes to use the cultural
resources, knowledge, innovations, or practices
of local communities embodying traditional
lifestyles for commercial purposes, the client
will inform these communities of: (i) their rights
under national law; (ii) the scope and nature of
the proposed commercial development; and
(iii) the potential consequences of such
development. The client will proceed with such
commercialization only when it: (i) enters into a
good faith negotiation with the affected local
communities embodying traditional lifestyles;
(ii) documents their informed participation and
the successful outcome of the negotiation; and
(iii) provides for fair and equitable sharing of
benefits from commercialisation of such
knowledge, innovation, or practice, consistent
with their customs and traditions. Where a
project proposes to use the cultural resources,
knowledge, innovations, or practices of
Indigenous Peoples, the requirements of
paragraph 37 of PR 7 apply.

61