Subject: Accreditation
As a former conservator initially trained in Italy, I can sympathize. As a lawyer, maybe I can offer some general direction. The following is breakdown of the issues based on the facts as related by you in your message. The Malta government has set up a committee. First, find out how where they get the power or "jurisdiction" to do what they are doing. Who appointed them? You'd be surprised how many times committees etc. exceed their powers. Second, they are currently drafting legislation. Generally when legislation is being drafted that will negatively impact a group of persons, these interested or "affected" have a right to be heard. If so, if these persons are not consulted or given a chance to voice their concerns, then there may be a lack of "due process". This means the eventual legislation may not be enforceable. You might try acting as a group and writing the committee to tell them you want to make submissions on behalf of Italian restorers who will be affected by the legislation they are drafting.( you should have the written support of, or be working with, the professional restorers organization in Italy--if not,get together with other "affected" restorers). Now, you may have received due process because the Istituto Centrale may have negotiated on your behalf. You say an agreement was reached. Find out if there was a miscommunication regarding the agreement. Talk to the Istituto and make sure you understand what the agreement was. If possible, get a written statement from them. If you understood the agreement correctly, then how does the instituto feel about the recent turn of events? Clearly this would suggest that the wishes of the Italian delegation have been brushed aside by the Malta commission. Consider writing a joint letter (istituto and group of affected restorers) to the Malta committee and enclose a copy of the letter or correspondence you received from the Malta Centre and ask for an explanation, taking the tone that, clearly, a mistake has been made by the Malta Centre and you want it cleared up because the affected restorers are eager to resolve this issue. Ideally, I would send the joint letter first and await a response. Depending on the response I would then send in the request to make submissions. But consider that a request to make submissions is not a bad thing, generally. Why not try to be part of the process? Why not try to get a written statement or clear agreement as to how the accreditation will take place? Now, I know everyone would rather avoid lawyers, but this issue is important to you and your livelihood and I think some help is in order. You will need a lawyer if things get bumpy and "jurisdiction" etc.becomes a possible issue. Whatever happens, the submissions are probably best drafted by a lawyer. There are many issues too difficult to explain here. Depending on your law, since you have worked, you may have a "right" which is harder to remove because you already possess it and so you must be "accommodated". Also there may be a conflict of interest between the Malta commission and the Malta Centre. (the commission is giving work to the centre). I suggest you find a lawyer who has civil and human rights experience and practices constitutional law. I suggest you simply consult with them for an hour and get an opinion and some directions. That shouldn't cost the group too much and would be well worth it. Organize, stay focused and be methodical. Unfortunately, as accreditation becomes more globalized may such instances will happen. You're simply getting caught in the transition. Please keep us apprised.Good luck. *** Conservation DistList Instance 13:11 Distributed: Friday, July 30, 1999 Message Id: cdl-13-11-005 ***Received on Wednesday, 28 July, 1999