Legal Framework for archaeological undertakings in Egypt
One common misunderstanding through the history of exploration in Egypt has been the laws governing excavation, antiquities and cultural heritage management. The laws were never monolithic, and changed frequently. When Zahi Hawass was appointed to the position of Secretary General of the Supreme Council of Antiquities (SCA), he worked with the General Director of Foreign and Egyptian Mission Affairs, Magdy El-Ghandour, to put the laws on paper. A response to past problems with looting, and losses like that of the Rosetta stone, were a driving force in solidifying the laws. Before he did this, the laws were more like an oral tradition than a set of actual guidelines that could be found in a book somewhere.
The SCA has put in place a stringent set of guidelines for foreigners planning any work in Egypt. These include:
- The application process,
- Requirements for applications concerning the West and East coast of Desert areas,
- Security regulations,
- Rules for missions while on site,
- Responsibility after approval of application, and
- The relationship between the SCA inspector and the mission.
Also included in these guidelines are new policies, which will govern concessions for the next 10 years. Included in these are:
A separate department has been formed to deal directly with foreign mission directors. This department is titled
The Department of Foreign Archaeological Missions.
Those wishing to undertake projects in Egypt must first be aware of the restricted areas. These are listed as:
Once the restrictions have been taken into consideration, there is a lengthy and detailed
application process, much like the process for a state and federal undertaking in the US. The application must be written in
English and must include the
nationalities and positions for the entire expedition team.
Curriculum Vitae for every member must be provided, along with proof of professional
affiliation. Permission will not be granted to members who are not professionals in the field. No graduate students will be granted a concession, however they may obtain permission for
study or
research on archaeological sites with the approval of the supervisor. The application will state the time frame of the
excavation season, the source of
funding and should have attached a
map showing the requested site location. The
security clearance of all members, signed SCA
contract and accepted application is required before the team may begin their work. In the event the mission director is absent, an assistant director should be specified.
After approval of the application, the Department of Foreign Archaeological Missions will notify the mission director and the SCA. Inspectors are assigned to accompany the mission, and the mission director must submit two (2) reports confirming the excavation boundaries. The inspector and the director must sign these reports. It is the duty of the mission inspector to send a monthly report on the excavation. It is the mission directors’ responsibility to inform the SCA of new discoveries.
Transportation and storage units for artifacts are the responsibility of the mission. Also, the security guards working on the site should be paid by the mission, and approved by the SCA site director. Recognized experts in conservation and preservation must be employed, and restoration and site management programs should be stated in a detailed report to be submitted to the permanent committee. During epigraphical work, necessary precautions should be taken to ensure protection of monuments. A copy of all epigraphical work should be submitted to the SCA. Five (5) copies of the preliminary report must be submitted immediately after the end of the season. These reports must be submitted prior to the departure of the mission, and must be written in English. Within three months of the season’s completion, a detailed report in French, German or English, and translated into Arabic, must be sent to The Department of Foreign Archaeological Missions. These reports must include copies of photographs, charts and plans from the excavation. The SCA requests the donation of five (5) copies of recently published works regarding the site, which may be distributed to their libraries and museums. Any expedition that fails to conserve the findings of the previous season will not be allowed to return to their concession until the conservation is complete.
The relationship between the Inspector and the mission is outlined in the new laws, which states:
- The SCA will rotate the accompanying Inspectors every season; no mission has the right to request and inspector for consecutive seasons;
- The mission is required to pay the SCA either:
- 1500 LE/Month for the overtime and transportation of inspectors who do not live with the expedition
- 1000 LE/Month for inspectors who do live with the expedition;
- The inspectors are prohibited from accepting any cash rewards or getting involved in any money transactions separate from those stated above;
- Any problems concerning the behavior of the accompanying inspector should be reported to the Secretary General of the SCA
The fourth and fifth section of the New Policies outlined in the new laws states very clearly the Egyptian policy on stolen artefacts. According to these sections, no member of a mission is to be involved with dealers of such artifacts, and is expected to turn over any information regarding stolen artifacts to the Department of Stolen Artifacts. Team members who are found in possession of such artifacts will be promptly removed from the excavation, and missions will be terminated as a result of the directors’ involvement.