International Symposium on the Recovery of Antiquities 10-14 February 2012 Riyadh.
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UNESCO‘S ACTION IN THE FIGHT AGAINST ILLICIT TRAFFICKING IN CULTURAL PROPERTYTHE 1970 CONVENTION on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property
1st international instrument dedicated to the fight against illicit trafficking of cultural objects Adopted at UNESCO in November 1970120 States PartiesArab States 14 States (77,77%)Africa 22 States (47,72%) Latin America and Caribbean 22 States (66,66%)Asia-Pacific 21 States (44,68 % )Europe North America 40 States (76,29%)
Kuwait, Oman, Qatar, Saudi Arabia
Bahrain, United Arab Emirates, Yemen
(a) Rare collections and specimens and objects of paleontological interest; (b) Property relating to history, to the life of national personalities and to events of national importance; (c) products of archaeological excavations (including regular and clandestine); (d) elements of artistic or historical monuments or archaeological sites dismembered; (e) antiquities more than one hundred years old;
(f) objects of ethnological interest; (g) property of artistic interest.
the UNESCO-UNIDROIT Model Provision
4. Establishing national inventory system
(use of the Object ID standard form)
5. Training police and customs
6. Education campaigns
1. To introduce a system of export certificate
export of cultural objects not accompanied by such an export certificate is prohibited (Article 6)
To serve States and Customs officials
in combating illicit trafficking
in cultural property
Available at www.unesco.org/culture/laws/illicit
2. Prevent museums
from acquiring cultural property
originating in another State Party and illegally exported after the entry into force of the Convention in the States concerned
(Article 7, paragraph a)
3. Prohibitimport of cultural property
- stolenfrom museum, religious or secular public monument or institution - in another State Party - after the entry into force of the Convention for the States concerned - provided that such property is documented as appertaining to the inventory of that institution
(Article 7 b(i))
4. Take steps, at the request of the State of origin, to recover and return any such cultural property imported
after the entry into force of the Convention in both States concerned
provided that the requesting State shall pay just compensation to an innocent purchaser or to a person who has valid title to that property (Article 7b(ii))
5. Impose penalties or administrative sanctionswhen:
exportation without export certificate
when importation ofcultural property from museums, religious or secular public monument or institution in another State party(Article 8)
at regional and international levels
in the prevention and fight
against illicit traffic
(diplomatic, legal, educational, administrative, penal cooperation…)
Example 1 of cooperation:Import ban of artefactsAny State party:whose archaeological or ethnological cultural heritage is in danger because of pillage may ask other States Parties to adopt the corresponding measures including an import ban of artefacts originating in that State (Article 9)
States Parties can conclude special agreements among themselves or continue to implement agreements already concluded regarding the restitution of cultural property removed from its territory of origin before the entry into force of this Convention
it is necessary to stress that
all those obligations are
Intergovernmental Committee for Promoting the Return of Cultural Property to its Countries of Origin or its Restitution in Case of Illicit Appropriation (22 States Members)Negociation forum for the restitution of cultural property with a particular significance
REPUBLIC OF KOREA
SYRIAN ARAB REPUBLIC
Their mandate will expire in 2013
Their mandate will expire in 2015
The Commitee acts as a mediator between states in conflicts regarding the return and restitution of cultural property
Makonde MaskIn May 2010, the Barbier-Mueller Museum in Geneva agreed for the restitution of a Makondé Mask to the United Republic of Tanzania. The discussions in the framework of the Committee began in 2006.
Sphinx of BogazkoyIn May 2011, a bilateral agreement has been reached between Germany and Turkey on the Bogazkoy Sphinx. This case was presented to the Committee in 1987.
ongoing discussions between Greece and the United Kingdom in respect of the reunification of the Parthenon Sculptures
Sustains cooperation between the British Museum and the Acropolis Museum
The Parthenon marbles
The Committee shall be responsible for:
-> mediation implies the intervention of an outside party to bring the concerned parties to a dispute together and assist them in reaching a solution,
-> while under conciliation, the concerned parties agree to submit their dispute to a constituted organ for investigation and efforts to effect a settlement.
The outcome of the mediation and conciliation process is not binding on the Member States concerned, so that if it does not lead to the settlement of a problem, it shall remain before the Committee, like any other unresolved question which has been submitted to it.
2. promoting regarding the return and restitution of cultural propertymultilateral and bilateral cooperation with a view to the restitution and return of cultural property to its countries of origin;
3. encouraging the necessary research and studies for the establishment of coherent programmes for the constitution of representative collections in countries whose cultural heritage has been dispersed;
4. fostering a public information campaign on the real nature, scale and scope of the problem of the restitution or return of cultural property to its countries of origin;
5. guiding the planning and implementation of UNESCO’s programme of activities with regard to the restitution or return of cultural property to its countries of origin;
6. encouraging the regarding the return and restitution of cultural propertyestablishment or reinforcement of museums or other institutions for the conservation of cultural property and the training of the necessary scientific and technical personnel;
7. promoting exchanges of cultural property in accordance with the Recommendation on the International Exchange of Cultural Property;
8. reporting on its activities to the General Conference of UNESCO at each of its ordinary sessions.
Offers access to national legislation relating to the cultural heritage in general, in other words the laws on the main categories of heritage;
2400 texts from 180 States
UNESCO International Code of Ethics regarding the return and restitution of cultural property
for Dealers in Cultural Property
ICOM Code of Ethics for Museums
Basic Actions regarding the return and restitution of cultural propertyconcerning Cultural Objects being offered for SALE OVER THE INTERNET States of INTERPOL, UNESCO and ICOM National Committees are invited to:
Post this disclaimer on cultural objects sales pages:
“ With regard to cultural objects proposed for sale,
and before buying them, buyers are advised to:
=> check and request a verification of the licit provenance of the object, including documents providing evidence of legal export (and possibly import) of the object likely to have been imported;
=> request evidence of the seller's legal title. In case of doubt, check primarily with the national authorities of the country of origin and INTERPOL, and possibly with UNESCO or ICOM“
4.Cooperate with national and foreign police regarding the return and restitution of cultural property forces and INTERPOL and responsible authorities of other States concerned, in order to:
a) Insure that any theft and/or illegal appropriation be reported to INTERPOL National Central Bureaux, in order to post information on the INTERPOL Stolen Works of Art Database;
b) regarding the return and restitution of cultural propertyMake information available about theft and/or illegal appropriation and any subsequent sale of cultural objects, from or to national territories, using the Internet;
c) Facilitate rapid identification of cultural objects by:
i) ensuring updated inventories with photograph, or description (through the Object ID standard);
ii) maintaining a list of experts;
d) Use tools such as the regarding the return and restitution of cultural propertyINTERPOL Stolen Works of Art Database and the corresponding INTERPOL DVD to conduct checks of suspicious cultural property;
e) Track and prosecute criminal activities related to sale of cultural objects on Internet and inform INTERPOL General Secretariat of major investigations involving several countries.
5. regarding the return and restitution of cultural propertyMaintain statistics and register information on the checks conducted concerning the sale of cultural objects via the Internet, the vendors in question and the results obtained;
6. Establish legal measures to immediately seize cultural objects in case of a reasonable doubt concerning their licit provenance;
7. Assure the return of seized objects of illicit provenance to their rightful owners.
The Government of Canada returned to the Republic of Bulgaria 21,000 coins, pieces of jewellery, and other objects that were illegally imported to Canada and seized by the Royal Canadian Mounted Police.
EXAMPLES OF GOOD PRACTICES:
RESTITUTIONS UNDER THE AEGIS OF THE CONVENTION
Stolen from their home in a small votive chapel in Lysi (Cyprus), these Byzantine frescoes will be returned to Cyprus
2. Restitution to Cyprus by the De Menil Collection – Houston, USA (2012)
“Enhanced protection” is one of the features of the 1999 Second Protocol
The granting of such protection to sites in countries party to the Second Protocol is under three conditions:
- site of greatest importance to humanity;
- site protected by domestic measures recognizing its exceptional cultural and historic value and ensuring the highest level of protection;
- site not used for military purposes or to shield military sites.
This goes beyond the regime of general protection and means that States cannot fall back on the argument of “imperative military necessity” for using or targeting cultural sites in times of conflict.
It involves the obligation by States to make intentional attacks against identified sites a criminal offence or to penalize use of such sites or their immediate surroundings in support of military action.
56 countries are party to the Second Protocol.
Three World Heritage sites in Cyprus and a fourth in Italy have been given “enhanced protection” status by the Committee for the Protection of Cultural Property in the Event of Armed Conflict.
The sites, which are the first to be granted this status, are Choirokoitia, Paphos (sites I and II) and the Painted Churches of the Troodos Region in Cyprus and Castel del Monte in Italy.
Projects specially addressed to children
Goal:aim at raising awareness among the general public (especifically tourists, local communities, tour guides) on the illicit trafficking of cultural goods.
Distribution: public spaces and travel areas (airports, train stations, travel offices, etc.), touristic sites (especially those inscribed on the World heritage List), embassies of the concerned countries
It compares cultural diversity with the diversity of cultural objects in the world
2 pilot clips developed: Africa and Latin America.
The clips will be adapted to other regions in the world: Europe, Asia and Pacific, Arab States and North America.
It presents the activities of UNESCO and some of its partners (INTERPOL, UNIDROIT, ICOM, OCBC, Arma dei Carabinieri...) concerning the fight against illicit trafficking of cultural goods
It shows the implication of actors involved in trafficking: local communities, robbers, perpetrators of organized crime and money laundering, and international mafia
Addressed to the general public
The film encourages Member States to:
create special services within their police forces;
to apply ethics codes to the art market and
to produce awareness-raising programmes in order to mobilize the general public to fight against the loss of their heritage.
Produced by OnePlanetPictures
In the framework of the awareness-raising campaign
40th Anniversary of the 1970 Convention
Presents case studies on the illicit trafficking of cultural property (Egypt, Iraq, Colombia, Italy, United Kingdom)
Broadcasted on BBC World News on March 26
It can be viewed at:
Documentary recently broadcasted on cultural property
Canal + entitled « Trafic d’art: les trésors de guerre du terrorisme’
(Tac Presse, 52 min)
60 - minutes documentary in cooperation with the company Viverra films (Netherlands)
Focused on the looting of cultural objects in archaeological and historical sites
Based on the comparison of pictures (archive photographs and pictures of the present moment) of sites before and after the looting of cultural artifacts
Developed in coordination with the UNESCO office in Bangkok
Joint exhibition with the Comando Carabinieri per la Tutela del Patrimonio Culturale
Will display stolen 30 objects which were retrieved by the Carabinieri, OCBC and other specialized police forces
18 June to 6 July 2012 - during the Meeting of State Parties to the 1970 Convention and the 18th Session of the Return and Restitution Committee
Reliquiary ivory cross from the XII Century
Recovered by the OCBC in cooperation with the Carabinieri
Origin: Canosa di Puglia
The design, concept and development will be entrusted to a specialized company in close collaboration with UNESCO and Iraqi professionals
The distribution of the game will be supported by the UNESCO’s Associated Schools Project Network
Goal: Raising awareness on the importance of safeguarding cultural heritage
Development of an information kit about Egyptian cultural heritage, including
an adapted handout;
audiovisual productions (cartoons to developed)
Two local teachers will be in charge of presenting the information kit in the selected schools
Object-ID Formular cultural property
Red List of African Archaeological Cultural Objects
Lista Roja de bienes culturales latinoamericanos en peligro
Emergency Red List of Iraqi Antiquities at Risk
Afghanistan Antiquities at Risk
Lista Roja de antigüedades peruanas en peligro
Red List of Central America and Mexico Endangered Cultural Properties
Red List of Cambodian Antiquities at Risk
Red List of Chinese Cultural Objects at Risk
Red List of Colombian Culturla Objects at Risk
The Emergency Red List of Haitian Cultural Objects at Risk
« Witnesses to History
Documents and writings on the return of Cultural Objects »
- 440 pages of reliable information from some of the world’s leading experts in the field of return and restitution of cultural objects
- Outline of the historical, philosophical, and ethical aspects of the return of cultural objects
- Examples of past and present cases
- Analyse of legal issues