International symposium on the recovery of antiquities 10 14 february 2012 riyadh
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International symposium on the recovery of antiquities 10 14 february 2012 riyadh

International Symposium on the Recovery of Antiquities10-14 February 2012Riyadh


International symposium on the recovery of antiquities 10 14 february 2012 riyadh

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


International symposium on the recovery of antiquities 10 14 february 2012 riyadh

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%)


Status of ratifications

STATUS of RATIFICATIONS


International symposium on the recovery of antiquities 10 14 february 2012 riyadh

INCLUDING

Kuwait, Oman, Qatar, Saudi Arabia

MISSING

Bahrain, United Arab Emirates, Yemen


A clear legislation 1 defining cultural property

A clear LEGISLATION1.Defining cultural property:

(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.


2 establishing state s ownership on cultural heritage

2.Establishing State’s ownership on cultural heritage

  • in particular archaeological heritage

  • specially when not yet or illicitly excavated from the national territory.

  • one tool:

    the UNESCO-UNIDROIT Model Provision


3 regulating archaeological excavations

3. Regulating archaeological excavations:

  • Specialised services

  • Authorisations and permits

  • Regulation of finds, storage etc.

  • Metal detectors

    4. Establishing national inventory system

    (use of the Object ID standard form)

    5. Training police and customs

    6. Education campaigns


International symposium on the recovery of antiquities 10 14 february 2012 riyadh

STATES PARTIES ALSO UNDERTAKE :

1. To introduce a system of export certificate

export of cultural objects not accompanied by such an export certificate is prohibited (Article 6)


Unesco wco model export certificate for cultural objects

UNESCO-WCO MODEL EXPORT-CERTIFICATE for Cultural Objects

To serve States and Customs officials

in combating illicit trafficking

in cultural property

Available at www.unesco.org/culture/laws/illicit


International symposium on the recovery of antiquities 10 14 february 2012 riyadh

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)


International symposium on the recovery of antiquities 10 14 february 2012 riyadh

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))


International symposium on the recovery of antiquities 10 14 february 2012 riyadh

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))


International symposium on the recovery of antiquities 10 14 february 2012 riyadh

5. Impose penalties or administrative sanctionswhen:

exportation without export certificate

  • or

    when importation ofcultural property from museums, religious or secular public monument or institution in another State party(Article 8)


International symposium on the recovery of antiquities 10 14 february 2012 riyadh

STATES ARE ALSO REQUIRED

at regional and international levels

in the prevention and fight

against illicit traffic

(diplomatic, legal, educational, administrative, penal cooperation…)

TO COOPERATE


International symposium on the recovery of antiquities 10 14 february 2012 riyadh

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)


Example 2 of cooperation bilateral agreements

Example 2 of cooperation:BILATERAL AGREEMENTS

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

(Article 15)


International symposium on the recovery of antiquities 10 14 february 2012 riyadh

However,

it is necessary to stress that

all those obligations are

NOT RETROACTIVE


International symposium on the recovery of antiquities 10 14 february 2012 riyadh

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

AFGHANISTAN

ARGENTINA

AZERBAIJAN

CAMEROON

CHINA

CYPRUS

EGYPT

GUATEMALA

INDIA

IRAQ

JAPAN

MADAGASCAR

MEXICO

NIGERIA

PERU

POLAND

REPUBLIC OF KOREA

ROMANIA

SENEGAL

SWITZERLAND

SYRIAN ARAB REPUBLIC

TURKEY

Their mandate will expire in 2013

Their mandate will expire in 2015


International symposium on the recovery of antiquities 10 14 february 2012 riyadh

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.


The committe is an advisory body and forum of negotiation

The Committe is an advisory body and forum of negotiation

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 iniciates the creation of practical and operational tools

The Committee iniciates the creation of practical and operational tools

  • Mediation and Conciliation Rules (2011)

  • Model Provisions on State Ownership on Cultural Heritage (2011)

  • Model Export Certificate (UNESCO – WCO)

  • Database of National Cultural Heritage Laws

  • Database on restitution cases

  • Code of ethics (UNESCO International Code of Ethics for Dealers in Cultural Property)

  • Awareness-raising campaigns


Rules of procedure for mediation and conciliation

RULES OF PROCEDURE FOR MEDIATION AND CONCILIATION

Article 4

The Committee shall be responsible for:

  • seeking ways and means of facilitating bilateral negotiations for the restitution or return of cultural property to its countries of origin. In this connection, the Committee may also submit proposals with a view to mediation or conciliation to the Member States concerned, it being understood that

    ->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.


International symposium on the recovery of antiquities 10 14 february 2012 riyadh

2. promoting multilateral 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;


International symposium on the recovery of antiquities 10 14 february 2012 riyadh

6. encouraging the establishment 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.


Unesco database of national cultural heritage laws

UNESCO Database of National Cultural Heritage Laws

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

www.unesco.org/culture/natlaws


International symposium on the recovery of antiquities 10 14 february 2012 riyadh

UNESCO International Code of Ethics

for Dealers in Cultural Property

http://unesdoc.unesco.org/images/0012/001213/121320m.pdf

ICOM Code of Ethics for Museums

http://icom.museum/ethics.html


International symposium on the recovery of antiquities 10 14 february 2012 riyadh

Basic Actionsconcerning 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“


International symposium on the recovery of antiquities 10 14 february 2012 riyadh

  • Request Internet platforms to disclose relevant information to law enforcement agencies and to cooperate with them on investigations of suspicious sales offers of Cultural objects;

  • Establish a central authority (within national police forces or other) also responsible for protection of cultural properties, in charge of permanentlychecking and monitoring sales of cultural objects via the Internet;


International symposium on the recovery of antiquities 10 14 february 2012 riyadh

4.Cooperate with national and foreign police 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;


International symposium on the recovery of antiquities 10 14 february 2012 riyadh

b) Make 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;


International symposium on the recovery of antiquities 10 14 february 2012 riyadh

d)Use tools such as the INTERPOL 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.


International symposium on the recovery of antiquities 10 14 february 2012 riyadh

5. Maintain 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 unesco s partners in the fight against illicit traffic of cultural objects

The UNESCO’s partners in the fight against illicit traffic of cultural objects

  • International Organizations as INTERPOL, WCO and UNIDROIT

  • Specialized polices as Carabinieri


1 restitution canada bulgaria 10 june 2011

1. Restitution Canada-Bulgaria (10 June 2011)

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


International symposium on the recovery of antiquities 10 14 february 2012 riyadh

Stolen from their home in a small votive chapel in Lysi (Cyprus), these Byzantine frescoes will be returned to Cyprus

in 2012

2. Restitution to Cyprus by the De Menil Collection – Houston, USA (2012)


International symposium on the recovery of antiquities 10 14 february 2012 riyadh

1999 Second Protocol to the Hague Convention of 1954 for the Protection of Cultural Property in the Event of Armed Conflict

“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.


International symposium on the recovery of antiquities 10 14 february 2012 riyadh

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.


Awareness raising activities

AWARENESS-RAISING ACTIVITIES

Audiovisual productions

Publications

Exhibitions

Projects specially addressed to children


Clips on the fight against the illicit trafficking of cultural property

Clips on the fight against the illicit trafficking of cultural property

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


Clips on the fight against the illicit trafficking of cultural property1

Clips on the fight against the illicit trafficking of cultural property

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.


Documentary on unesco and its partners activities

Documentary on UNESCO and its partners’ activities

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.


Documentary stealing the past

Documentary “Stealing the past”

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:

http://www.dev.tv/index.php/productions/documentary/stealing_the_past/


International symposium on the recovery of antiquities 10 14 february 2012 riyadh

Documentary recently broadcasted on

Canal + entitled « Trafic d’art: les trésors de guerre du terrorisme’

(Tac Presse, 52 min)

In preparation:

60 - minutes documentary in cooperation with the company Viverra films (Netherlands)


Exhibition before and after the looting of cultural objects

Exhibition: Before and After the Looting of Cultural Objects

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


Exhibition on stolen and returned cultural objects

Exhibition on stolen and returned cultural objects

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


Exhibition on stolen and returned cultural objects1

Exhibition on stolen and returned cultural objects

Reliquiary ivory cross from the XII Century

Recovered by the OCBC in cooperation with the Carabinieri

Origin: Canosa di Puglia


Game for children in iraq

Game for children in Iraq

  • Interactive DVD about the the importance of protecting Iraqi cultural heritage.

  • Target group: Iraqi youngsters aged from 12 to 17

  • Goal: raising awareness among young people about the consequences of illicit trafficking

  • Concept: highlight the symbolic value and history of cultural objects. Historical characters will guide the player through different historical, places.


Game for children in iraq1

Game for children in Iraq

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


Education kit for children in egypt

Education kit for children in Egypt

Goal: Raising awareness on the importance of safeguarding cultural heritage

Development of an information kit about Egyptian cultural heritage, including

an adapted handout;

posters;

audiovisual productions (cartoons to developed)

Two local teachers will be in charge of presenting the information kit in the selected schools


International symposium on the recovery of antiquities 10 14 february 2012 riyadh

Object-ID Formular

http://www.object-id.com/

  • An international standard for describing cultural objects

  • Result of years of research

  • Through the collaboration of the museum community, international police units, customs agencies, the art trade, insurance industry, and experts.


Listes rouges icom

LISTESROUGES ICOM

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


Compendium

Compendium

« 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


International symposium on the recovery of antiquities 10 14 february 2012 riyadh

شكر!For more information:Edouard PlancheCultural Heritage Protection Treaties SectionDivision for Cultural Expressions and Heritage Tel: 00.33.1.45.68.44.04Fax: 00.33.1.45.68.55.96@: [email protected]/culture/fr/illicittrafficking


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