Bibliographic citations
Tarco, R., Arenas, Y. (2018). La colisión entre el derecho real de propiedad con la Ley General del patrimonio cultural de la nación y el proyecto Qhapaq ñan. [Tesis, Universidad Andina del Cusco]. https://hdl.handle.net/20.500.12557/1628
Tarco, R., Arenas, Y. La colisión entre el derecho real de propiedad con la Ley General del patrimonio cultural de la nación y el proyecto Qhapaq ñan. [Tesis]. : Universidad Andina del Cusco; 2018. https://hdl.handle.net/20.500.12557/1628
@misc{renati/1127881,
title = "La colisión entre el derecho real de propiedad con la Ley General del patrimonio cultural de la nación y el proyecto Qhapaq ñan.",
author = "Arenas Huahuatico, Yhan Carlos",
publisher = "Universidad Andina del Cusco",
year = "2018"
}
This work aims to investigate the problems that exist between the rights of the owners of agricultural land (administered), and the State´s rights over the belongings that are part of the cultural heritage of the nation (administration). The Ministry of Culture has, by law, the obligation to identify, record, catalog, state, protect, restore, research, preserve, put in value and diffuse the Cultural Patrimony of the Nation, carrying out its restitution in the pertinent cases; function that the Archeological Cadastre Office and the Qhapaq Ñan Project are complying erratically. This last project especially, despite having a high budget, fails to achieve its ultimate goal, which is the declaration of the Inca trail (Qhapaq Ñan) and of the archeological sites associated with it, as a cultural heritage of humanity, a situation that violates the property right of the real estate that the peasants and owners have in use; harming the execution of their daily activities. The State, through its other agencies, cannot carry out works for the improvement and development of the communities that are affected by this declaration, which, as we will develop later, is poorly prepared and does not meet the technical specifications that are established in the corresponding regulations. In the same sense, since the Qhapaq Ñan Project did not conclude the declaratory procedures, the Ministry of Culture, through some officials, uses these inconclusive data as final information, thus trapping many social and urban development projects. This has implications, for example, when the Certificate of Nonexistence of archaeological sites (CIRA) is requested and Archaeological Monitoring Plans (PMA) are project. In many cases, errors of declaration for cultural patrimony includes the indication as archaeological sites places that are not; what is probably due to the fact that at the time of registration, the officials of the Ministry of Culture did not properly configure thenavigation equipment (GPS), throwing errors of up to 100 meters. Other casesnrecord the presence of an Isolated Archaeological Element “EAA“ (fragment of ceramic, lithic, bone, coal, etc.), which have not been confirmed or discarded in later phases of archaeological research. We notice these errors in the district of Curahuasi, when checking the data contained in the National Directorial Resolution “RDN“ 247/INC, which declares many places like Cultural Patrimony of the Nation; verification that we carry out through physical visit to the place and in interview with owners. We also observed these problems on the surface of the department of Cusco, where the Qhapaq Ñan Project recorded old roads, current muleteer roads, current roads going to new towns, as if they were prehispanic secondary roads. For all the observed and exposed we decided to do this research work, providing possible solutions to the question posed, also contributing to society in the analysis of their problems, which arise from the interaction of the inhabitants, the soil and its growing dynamics with the State.
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