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"Cultural Heritage Security - SIGArt"
26 - 27 May 2014, Museum of Contemporary Art,
Zagreb, Republic of Croatia
Presentation by Véronique Dauge
UNESCO Regional Bureau for Science and Culture in EuropeUNESCO Regional Bureau for Science and Culture in EuropeUNESCO Regional Bureau for Science and Culture in EuropeUNESCO Regional Bureau for Science and Culture in Europe
INTRODUCTION
Why is UNESCO so engaged in protecting cultural objects ?
� Because of its Constitution (mandate for culture)
� Because of the cultural importance of the object itself
� Because of increased looting and dismantling of cultural
monuments, some being World Heritage
� Because of the loss of information caused by looting and
trafficking (UNESCO’s mandate for the dissemination of knowledge)
INTRODUCTION
What does UNESCO mean by “cultural property”?
� Objects with cultural significance for history, religion, science,…
� Artefacts, works of art, antiquities…
� Movable objects: museum
items, religious objects in religious places, in public or in
private collections
Gamzigrad (Serbia) 2007 © UNESCO/C.Bruno-Monteiro
INTRODUCTION
What are the current main risks encountered by cultural objects?
� Thefts, looting, illicit import and export, speculation, …
� In particular in the event of armed conflicts (international or civil) and natural disasters (earthquake, tsunami…)
� Objects from archaeological excavations: whether removed legallyor illegally from their original context or even from underwater
Illicit excavations© UNESCO
The international response
A corpus of International Conventions on the protection of cultural property
� UNESCO Convention for the protection of Cultural Property in the Event of Armed Conflict 1954 (Hague Convention)
- First Protocol to the Hague Convention
- Second Protocol to Hague Convention
� UNESCO Convention on the Means of Prohibiting and Preventing theIllicit Import, Export and Transfer of Ownership of Cultural Property 1970
� UNIDROIT Convention on Stolen or Illegally Exported Cultural Objects 1995
� UNESCO Convention on the protection of the World Cultural and Natural Heritage 1972
� UNESCO Convention on the Protection of the Underwater Cultural Heritage 2001
The 1970 Convention
� Capacity-building and awareness-raising
� Improvement of legal standards
� Return and restitution of illicitly trafficked property
As of April 2014, there are 127 States bound by the Convention
The 1970 Convention
Preventive measures
States Parties undertake to:
1. 1. 1. 1. Defining cultural property2. Establishing State’s ownership on cultural heritage3. Regulating archaeological excavations4. Establishing national inventory system
(use of the Object ID standard form)
5. Training police and customs
6. Education campaigns
States Parties also undertake :
� To introduce a system of export certificate
�
export of cultural objects not accompanied by such an export certificate is prohibited (Article 6)
�To 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, par. a)
International CooperationInternational CooperationInternational CooperationInternational CooperationStates Parties are also required to cooperate at bilateral, regional and international levels in the prevention and fight against illicit trafficExamples of cooperation:Examples of cooperation:Examples of cooperation:Examples of cooperation:1. Import ban of artefacts Any State party whose archaeological or ethnological cultural heritage is in danger because of pillage may ask other States Parties to adopt corresponding measures including an import ban of artefacts originating in that State (Article 9) 2. Bilateral agreementsStates Parties can conclude special agreements among themselves or continue to implement agreements already concluded regarding the restitution of cultural property removedfrom their territory of origin before the entry into force of this Convention (Article 15)
The 1970 Convention
� after the entry into force of the Convention in both States
concerned: no retroactivity of the Convention
� “just compensation” is paid to an innocent purchaser or to a
person who has a valid title to that property : no definition of just compensation and innocent purchaser
� diplomatic channels: the requesting State has to produce the evidences
� only applies to inventoried objects stolen from a museum, a
religious or secular public monument or a similar institution: not from private collections
Contains restitution provisions
• Coordination, assistance and diplomatic action• Capacity-building• Legal and ethical instruments• Communication, education and awareness raising• Develop international partnerships• Support inter-state cooperation• Improvement of international legal framework• Mediation / conciliation for restitution and return
Capacity-bulding
� Workshops� Handbooks� Info-kits
Preventive operational action: capacity-building workshops
GOAL
Developing national legal and operational capacities for the protection of cultural property;
for an effective and rapid response (involving different
stakeholders) to face up illicit trafficking
Training trainers on the effective use of legal and operational tools;
Creating networks of experts
Raising awareness on the need of fighting against the illicit traffic in
cultural property and the importance of the safeguarding cultural
heritage
Developing partnerships� Intergovernmental Organisations� Non-Governmental Organisations� European Union� Specialised Police Units / National Bodies� Research Institutes
World Customs Organisation
Legal and ethical instruments� UNESCO Database of National
Cultural Heritage Laws� Handbooks and reference
documents� Models and certificates� Codes of Ethics
Awareness-raising Activities
� Audiovisual productions� Publications� Exhibitions � Projects specially addressed to children
Practical tools created
By UNESCO and its partners
� Database of National Cultural Heritage Laws: 2454 texts from 180 countries available
� UNESCO-WCO Model export certificate for cultural objects
� Trafficking on the Internet: Basic Actions concerning Cultural Objects being offered for Sale over the Internet (INTERPOL-
UNESCO-ICOM)
� UNESCO promotes an International Code of Ethics for
Dealers in Cultural Property which builds on the principles laid down in the 1970 Convention.
� Model Provisions on State Ownership of Undiscovered Cultural Objects
� Information campaign with films and video-clips
UNIDROIT Convention on stolen or illegally exported cultural objects (1995)
35 States Parties
� Complement to the 1970 Convention by adding a stronger litigation framework and expanding standing for wronged parties
� Focus on restitution of cultural property
� Private law provisions : physical persons and legal persons are
allowed to seek restitution through courts or other competent authorities
� Clear time limits are setting
� a balance between the needs of legal predictability and facilitating recovery by the original owner (case of theft) or interested state (case
of illicit export).
Intergovernmental Committee (ICPRCP)
� Set up in 1978
� UNESCO Member States who have lost certain cultural objects of fundamental significance and who are calling for their restitution or
return, in cases where international conventions cannot be applied, may call on the ICPRCP Committee
� Functions :
� Advisory role (framework for discussion and negotiation, but its recommendations are not legally binding)
� Promotion of multilateral and bilateral cooperation
� Development of public information campaign
� Statutes, article 4 (§4, §6)
� Mandate for Mediation and Conciliation
The 1970 Convention
� Convened every 2 years
� Representatives of the States Parties participate, with right to vote
� Representatives of Member States of UNESCO not parties participate without right to vote
� Representatives of the UN, organizations of the UN system, other
IGOs with mutual representation agreements with UNESCO and IGOsand NGOs observers invited by the D-G participate without right to
vote
� Other representatives or observers invited by the D-G participate
without right to vote
New perspectives: a periodic meeting of State Parties (MSP)
The 1970 Convention
� Convened every year
� Composed of 18 States Parties (3 per regional group) elected by the
MSP
� Election of the Committee shall obey the principles of equitable
geographical representation and rotation
� Members elected for 4 years
� Every 2 years, the MSP renew half of the members of the Committee.
� A member to the Committee may not be elected for two consecutive
terms
� FUNCTIONS:
New perspectives: a new Subsidiary Committee
Meeting 30 June - 2 July
2014
Group I
Greece 2013-2017
Italy 2013-2017
Turkey 2013-2015
Group II
Bulgaria 2013-2017
Croatia 2013-2015
Romania 2013-2015
Group III
Ecuador 2013-2017
Mexico 2013-2017
Peru 2013-2015
Group IV
China 2013-2015
Japan 2013-2017
Pakistan 2013-2015
Group V(a)
Chad 2013-2015
Madagascar 2013-2017
Nigeria 2013-2017
Group V(b)
Egypt 2013-2015
Morocco 2013-2017
Oman 2013-2015
Impact of the 1970 Convention
� 1970 marks a before and a after in international scenario concerning this subject
� Change of attitude, both for governments which are parties to the Convention and for those which are not
� Many museums have changed attitude and adopted codes of ethics on the acquisition of cultural property –based also on the Code of Professional ethics of the International Council of Museum (ICOM)
� Legal and moral pressure on the art market and dealers who are now more aware of what is considered by the international community to be right and wrong
Emergency actions� The Organization deploys field missions to
� assess damage and
� Take action by mobilizing international cooperation and building capacities at the national and regional level
August 2013: High-level technical meeting
Action plan:
1.Heritage police unit created in 2014
2.Specialized customs agents trained
3.Reconstruction of World Heritage Sites
4.Assistance in the development of
inventories
Since 2012:
mobilization of partners to prevent the illicit trafficking
strengthening border controls
February 2013: Regional training in Amman.
- international cultural heritage experts
-representatives from Syria and neighbouring countries
(Lebanon, Iraq, Jordan and Turkey)
Emergency Action: Syria
Emergency Action: Syria
Three-year project financed by the European Commission
MAIN ACTIVITIES:
•Creation and update of the police database of looted artefacts
•Training of police and customs officers in Syria and adjacent countries to fight illicit trafficking of cultural property
•Training national stakeholders (curators, archaelogists, civil
society) to protect movable heritage during and after the conflict
Emergency Action: Libya
Introductory workshop on Prevention and Fight
against Illicit Trafficking of Libyan Cultural
Property, Tripoli, Libya, 27-30 April 2013
2 Training workshops for the Libyan customs and police on the prevention
and fight against illicit trafficking of cultural property, Sabratha and Shahat,
Libya, September –November 2013
The Custom Administration Office to accommodate international
standards set by the UNESCO 1970 Convention and reinforce customs
regulations
Strengthen relations between police and customs
National network which will periodically meet and receive training
THANK YOU
www.unesco.org/culture/en/illicittraffickingWebsite
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