Dec 1080 of 2015

Dec 1516 of 2022

ARTICLE 2.4.3.1. Cultural landscapes. These are the territories that are the product of the interrelationship between social groups, communities or collectivities with their territory or nature, referents of historical, economic, social, political, cultural or spiritual processes, which illustrate the forms of occupation and management of the territory, therefore, they are factors of identity, belonging or citizenship, contain goods, manifestations, products and all those elements that are expressions of cultural identity and that are representative of a clearly defined region and illustrate the essential and distinctive cultural elements; through the valuation and sustainable management of these places, the enjoyment of cultural rights is effectively made possible. This category includes, but is not limited to, the following

"Article 2.4.3.1. Cultural landscapes. These are the territories that are the product of the interrelationship between social groups, communities or collectivities with their territory or nature, referents of historical, economic, social, political, cultural or spiritual processes, that illustrate the forms of occupation and management of the territory, therefore, they are factors of identity, belonging or citizenship, contain goods, manifestations, products and all those elements that are expressions of cultural identity and that are representative of a clearly defined region and illustrate the essential and distinctive cultural elements. The valuation and sustainable management of these places effectively enables the enjoyment of cultural rights. Cultural landscapes, as complex territorial units, are examples of processes, relationships and combinations of natural and anthropic elements and factors in a given geographic space. They contain elements of tangible cultural heritage and are important places for the collective memory where knowledge, expressions, practices and manifestations of intangible cultural heritage are created and recreated. This category includes, but is not limited to, the following:

1. Clearly defined, conceived and intentionally created by man. Refers to spaces transformed by human intervention, aesthetically recognizable, and which respond to certain formal aesthetic characteristics, and often related to buildings or ensembles, including landscapes of gardens and parks created.

1. Clearly defined, conceived and created intentionally by human beings. Refers to spaces transformed by human intervention, aesthetically recognizable and responding to certain aesthetic-formal characteristics, often related to buildings or ensembles. It includes landscapes of gardens and parks created, as well as sites with aesthetic, artistic, historical, environmental, symbolic and/or social values, among others. Within its components can be identified movable and immovable cultural property, cultural practices, biotic elements and/or the presence of bodies of water, among others. They are spaces for meeting, contemplation, recreation and leisure. They are spaces that require maintenance and care over time for the conservation of their attributes.

2. Organically evolved. It is the result of an originally social, economic, administrative or religious requirement that has reached its present form by association and in response to its natural environment. These landscapes reflect this evolutionary process in their form and composition; they are subdivided in two categories: 2.1. relict (or fossil). That which has undergone an evolutionary process that has stopped at some point in the past, either abruptly or over a period. Its essential characteristics are still materially visible. 2.2. Living. That which retains an active social function in contemporary society, closely linked to the traditional way of life and to the processes of productive exploitation of the territory, in which the evolutionary process continues, and which, at the same time, shows clear material evidence of its evolution over time. It also includes those territories constituted by the development of economic systems in relation to their environment or nature.

2. Organically evolved. It is the result of an original social, economic, administrative or religious requirement that has reached its present form by association and in response to its natural environment. They include geological sites and paleontological sites resulting from the evolution of the Earth, the processes that have shaped it, the climates and landscapes of the past and present, the origin and evolution of life. These landscapes reflect this evolutionary process in their form and composition; they are subdivided into two categories: 

 2.1. Relict. The one that has undergone an evolutionary process that has stopped at some point in the past, either abruptly or over a period, or has continued its organic evolution. Its essential characteristics are still materially visible or scientifically significant. 

 2.2 Living. That which retains an active social function in contemporary society, closely linked to the traditional way of life and the processes of productive exploitation of the territory, in which the evolutionary process continues, and which, at the same time, shows clear material evidence of its evolution over time. It also includes those territories constituted by the development of economic systems in relation to their environment or nature and those territories with associated elements.

3. Associative: Expresses the cultural, religious, symbolic or spiritual association of certain human groups on a territory and the natural elements it contains, allowing the development of the social and cultural life of communities or collectivities through the practice and enjoyment of relevant manifestations of their intangible cultural heritage.

3. Associative. This type of landscape expresses the cultural, religious, symbolic or spiritual association of certain human groups on a territory and the natural elements it contains, allowing the development of the social and cultural life of communities or collectivities through the practice and enjoyment of relevant manifestations of their intangible cultural heritage. These are landscapes in which communities or social groups have given the natural component important religious, spiritual, artistic or cultural connotations, even if there is not much presence of movable or immovable material elements. Thus, strong social links are established with the natural elements, which is evidence of processes and practices of recreation and construction of collective memory.

4. Places of memory. Spaces or sites where communities or collectivities, through memory, bear witness to their history, turning them into landmarks or cultural references.

4. Places of memory. Spaces or sites where communities or collectivities, through memory, bear witness to their history, making them landmarks or cultural references. They correspond to landscapes associated with the occurrence of historical, religious, political, social and/or cultural events whose commemoration is of great importance in the preservation of the collective memory.

5. Sociocultural complexes: places where multiple ways of conceiving and inhabiting space and territory coexist. In these places, the different collectivities or communities develop cultural practices that become references of citizen coexistence.

5. Complejos socioculturales. Lugares donde conviven múltiples formas de concebir y habitar el espacio y el territorio. En estos lugares, las diferentes colectividades o comunidades desarrollan prácticas culturales que devienen en referentes de convivencia ciudadana. Corresponden a paisajes asociados a formas de intercambio cultural y a formas particulares de concebir y habitar el territorio."

ARTICLE 2.4.3.3. Zone of Influence for cultural landscapes. It may also be recognized as a Buffer Zone and will be determined in the administrative act of declaration, for its identification an analysis of the potential, threats or risks that may affect the cultural and natural values of these landscapes or places, as well as economic activities that are carried out in the territory, must be carried out.

"Article 2.4.3.3. Zone of Influence for cultural landscapes. It may also be recognized as a Buffer Zone and shall be determined in the administrative act of declaration, for its identification an analysis of the potentialities, threats or risks that may affect the cultural and natural values of these landscapes or places, as well as the economic activities carried out in the territory must be carried out. It is the demarcated and properly georeferenced area surrounding the affected area and is established to provide additional protection to it. It includes the immediate surroundings and the elements and attributes necessary to support the conservation of the landscape. Paragraph: A cultural landscape may include continuous, discontinuous or isolated zones according to the characteristics and values of each territory, in which case the identification of each zone must be stated.

2.4.3.7. "Content of the administrative act that declares the cultural landscape as BIC and adopts the management instrument. The administrative act that declares a cultural landscape as BIC and adopts the management instrument shall be issued by the Ministry of Culture, or the territorial authority, as the case may be. In any case, in the case of archaeological heritage, the adoption of the management instrument shall be the responsibility of the Colombian Institute of Anthropology and History - ICANH, in accordance with the provisions of Article 2.4.3.9 of this Decree. The administrative act shall contain at least the following: 

1. Identification: georeferenced location of the cultural landscape, affected area and zone of influence. 

2. Characterization: brief description of the characteristics of the landscape. 

3. Valuation: valuation criteria that support the values to establish the cultural significance of the landscape. 

4. Guidelines of the management instrument. 

5. The decision to declare the cultural landscape BIC at the corresponding national or territorial level and to adopt the management instrument.

"Article 2.4.3.8 Special Management and Protection Plans (PEMP) for cultural landscapes. The PEMP shall be chosen as the management instrument when the tangible heritage is predominant in the cultural landscape, in which case, it shall include: General Aspects 

1. Affected area of the cultural landscape. 

2. Zone of influence of the cultural landscape. 

3. Types of interventions that could have an impact on the cultural landscape, taking into account their characteristics, size and attributes, and definition of competencies for authorizing such interventions. 

4. Management conditions for the conservation and sustainability of the cultural landscape. Technical and socio-cultural aspects 

1. Policies, guidelines, objectives and strategies for the protection, management, and management and sustainability of the cultural landscape. 

2. Measures for the protection and conservation of the attributes that sustain cultural values. 

3. Measures for the safeguarding and viability of intangible cultural heritage. 

4. Measures aimed at ensuring the community's relationship with the cultural landscape. 

5. Measures to be included in the land-use plans of the territories in the landscape area. Administrative aspects 

1. Inter-institutional Committee of the cultural landscape: made up of the authorities that have jurisdiction over the elements that make up the cultural landscape, to which actors that have an impact may be invited. 

2. Institutional agreements necessary for articulation, coordination, collaboration and inter-institutional cooperation, such as inter-institutional agreements, minutes, agreements or other instruments of institutional articulation. 

3. Definition of responsibilities and coordination of competencies for management. Identification of institutional adjustment needs. Financial aspects 

1. Economic activities (products and services) that can generate resources for the management and sustainability of the cultural landscape and promote benefits to the associated communities. 

2. Timeline of short, medium and long term actions. 

3. Sources of funding for actions and projects that contribute to the protection, safeguarding and sustainability of the landscape. 

4. Technical determinants that require financial and budgetary measures to be included in the development plans. Dissemination and monitoring aspects 

1. Dissemination Plan: Dissemination and communication mechanisms that strengthen the social appropriation of the cultural landscape. 

2. Monitoring system: to be implemented through the definition of indicators in order to periodically evaluate the integrity of the landscape and the implementation of the PEMP.

"ARTICLE 2.4.3.9 Archaeological Management Plans (PMA) for cultural landscapes. The Archaeological Management Plan shall be chosen, according to the model established by ICANH for Archaeological Protected Areas -AAP-, as a management instrument when the archaeological heritage is predominant in the cultural landscape, without this necessarily meaning a declaration as an AAP. In this case, the EMP shall include the following additional aspects to those established in Article 2.6.3.4 of Decree 1080 of 2015, with the ICANH in any case being able to request additional information upon technical justification: 

1. Management, protection and safeguarding measures for elements and manifestations of the tangible and intangible cultural heritage of the landscape. 

2. Permitted uses in archaeological areas and articulation of the EMP with land-use plans. 

3. Inter-institutional Committee of the cultural landscape made up of the authorities that have jurisdiction over the elements that make up the landscape and the actors that have an impact on it. 

4. Relationship with other management instruments for the elements of the cultural landscape. 

5. 5. Identification of funding sources 

6. Dissemination Plan: Dissemination and communication mechanisms that strengthen the social appropriation of the cultural landscape. 

7. Monitoring system: to be implemented through the definition of indicators in order to periodically evaluate the integrity of the landscape and the implementation of the EMP. 

8. Definition of responsibilities and competencies for management, taking into account the competencies that correspond to the Ministry of Culture for tangible and intangible cultural heritage and to ICANH for archaeological heritage. 

9. Identification of institutional adjustment needs".

ARTICLE 2.4.3.10. Special Safeguarding Plans (PES) for cultural landscapes. The PES shall be chosen as a management instrument when the intangible heritage has predominance in the cultural landscape, in which case, it shall include the following additional aspects to what is defined in Article 2.5.2.11 of Title I of Decree 1080 of 2015, added by Article 22 of Decree 2358 of 2019: 

1. Affected area of the cultural landscape 

2. Zone of influence of the cultural landscape 

3. Landscape management and protection measures where the cultural practices that make up the manifestation and are fundamental to its understanding are developed. 

4. Inter-institutional Committee of the cultural landscape made up of the authorities that have jurisdiction over the elements that make up the landscape, to which stakeholders that have an impact may be invited. 

5. Dissemination Plan: dissemination and communication mechanisms that strengthen the social appropriation of the cultural landscape. 

6. Monitoring system: to be implemented through the definition of indicators in order to periodically evaluate the integrity of the landscape and the implementation of the PES. 

7. Definition of responsible parties and coordination of competencies for management. 

8. Identification of funding sources. 

9. Identification of institutional adjustment needs.