Table of Content - LIMUN...My personal tag for 2016 is #becausewhynot! I am positive this year will bring lots of interesting debates to LIMUN and I am happy to assist all delegates

LONDON INTERNATIONAL MODEL UNITED NATIONS 2017

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Table of Content

United Nations Educational Scientific

Cultural Organisation London International Model United Nations 18th Session | 2017


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Table of Contents

Introduction Letters.......................................................................................................3

Introduction to the Committee.......................................................................................5

Topic A: Safeguarding of Endangered Languages and Dialects...................................7

Introduction.........................................................................................................7

History and background......................................................................................8

Statement of the Problem and Current Situation...............................................10

Bloc Positions....................................................................................................13

Questions a Resolution Should Answer............................................................14

Sources..............................................................................................................15

Antiquities Trafficking in Conflict Zones...................................................................17

Introduction.......................................................................................................17

History of the Problem......................................................................................19

Statement of the Problem and Current Situation...............................................24

Bloc Positions....................................................................................................28

Questions a Resolution Should Answer............................................................29

Sources..............................................................................................................30


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Introduction Letters

Dear Delegates,

Welcome to United Nations Educational, Scientific and Cultural

Organisation. We hope that your presence and involvement will

blossom into sessions of fruitful, challenging and intellectually

stimulating debates. Model United Nations is a demanding and stimulating

intellectual experience which involves substantial researching, public speaking,

debating, and writing skills, as well as critical thinking, teamwork, and leadership

abilities. As a delegate of a country, you will be expected to have familiarised

yourself before the conference with its position on the topic at hand. Your task is to

represent your country’s interests diligently and accurately, arguing for their

objectives and aims. Through formal debates and informal negotiations behind the

scenes, you will push for your country’s agenda and strike diplomatic deals with

representatives of other sovereign states.

Personal Messages from the Director and Assistant Directors

It is my utmost pleasure to welcome you to United Nations Educational, Scientific

and Cultural Organisation at London International Model United Nations 2017! I am

a final year law student at University College London. As a MUN veteran, I have

participated in over 25 conferences as either chair, secretariat member or delegate,

and have been organizationally involved with events in such countries as the United

Kingdom, Israel, Turkey, Germany and Pakistan. I am an all-around MUNer who has

led committees ranging in profile from the Security Council to social councils to

regional non-UN bodies. Outside of MUN, I am an avid reader and a published poet

and short story writer, as well as a budding legal academic. I am looking forward to

helping you all enjoy LIMUN 2017 to the fullest.

Piotr Sitnik,

Director


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Dear delegates of UNESCO!

I graduated from Maastricht University, reading MA Arts & Heritage: Policy,

Management and Education, and hold a BA Hons in Ancient History from the

University of Nottingham. I specialised in the art market, with particular emphasis on

antiquities trafficking in conflict areas. My thesis “Looting within the Framework of

a Transnational Criminal Network: the Trafficking of Cultural Heritage: from Theory

to Practice” was published by Maastricht University last year. Whilst working at the

Associated Board of the Royal Schools of Music, I was involved in their policy-

making, research and project management in the world of music education. Since

then, I have moved on to the House of Lords, first working on the EU Select

Committee, before moving to the EU Internal Market Sub-Committee, which are

dealing with Brexit. I have been a keen MUNer since my first LIMUN in 2013, with

about 25+ conferences under my belt, and cannot wait for my fifth LIMUN. I am

really look forward to meeting all of you Delegates in a few months’ time, and I am

sure we will all have a great time, both during the sessions, as well as the socials!

Anastasia Kvaskova

Assistant Director

Hello all!

I am an Italian student, currently enrolled in International Relations and global

studies at LUISS University in Rome. I am currently writing a thesis about the

protection and safeguarding of intangible cultural heritage recognized by UNESCO,

using the case study of the Gigli’s festival of Nola, my hometown. I am fluent in 4

languages: Italian, English, Spanish and Japanese. Since 2013 I have attended six

conferences, the first taking place in Salerno, followed by Poznan, Bonn, Leuven,

Milan, Corfù and Bonn again this year. This is going to be my third experience as a

chair. In my MUN career, I have won a honourable mention as well as 5 "best party

animal" awards in a row. My personal tag for 2016 is #becausewhynot! I am positive

this year will bring lots of interesting debates to LIMUN and I am happy to assist all

delegates in this journey.

Giuseppe Sirignano, Assistant Director


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Introduction to the Committee

United Nations Educational, Scientific and Cultural Organization (UNESCO)

was created in 1945 to contribute to peace and security by promoting

international collaboration through educational, scientific, and cultural reforms

in order to increase universal respect for justice, the rule of law, and human

rights along with fundamental freedom proclaimed in the United Nations

Charter.1The Organization has wide-reaching specific powers – for instance, in

the field of public service broadcasting, UNESCO’s role is to support and

promote comprehensive actions focusing on the role and functions of public

service, and in so doing to take the advice of the international, regional and

national professional organizations concerned and of the National

Commissions. The Organization’s mandate is formally defined in Article 1,

paragraph 3 of the Charter of the United Nations, and Article 1 of the

UNESCO Constitution (1945).

1 Charter of the United Nations, Article 1, available at: https://treaties.un.org/doc/publication/ctc/uncharter.pdf



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UNESCO disseminates information and knowledge, thus helping Member

States to develop the potential of the society in various spheres of activity. The

Organization fosters conditions for genuine international dialogue based on

respect for universal human values and sovereignty of each civilization and

culture.

Additionally, UNESCO is charged with coordinating and supporting the

development of knowledge and culture for “economic stability, political

security, and general well-being of the peoples of the world”.2 Consequently,

UNESCO works with Member States, UN organs, intergovernmental

organizations as well as and non-governmental organizations (NGOs) to foster

peace through cooperative exchange of knowledge, culture, and strategies of

sustainable and balanced development.

UNESCO at LIMUN 2017 will have two topics on the floor:

Topic A: Safeguarding of endangered languages and dialects

Topic B: Antiquities trafficking in conflict zones

2 Conference for the Establishment of the United Nations Educational, Scientific and Cultural Organization (1945),

http://unesdoc.unesco.org/images/0011/001176/117626e.pdf


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Source: http://images.mentalfloss.com/sites/default/files/styles/article_640x430/public/90250057.jpg

Topic A: Safeguarding of Endangered

Languages and Dialects

Introduction

The gift of speech is a fascinating form of communication. Speaking, we are able to

share information with a spectrum of possible meanings. Poetry, literature and music

prove this. Languages are also one of the most evident ways to identify a certain

community. Languages are vehicles of our cultures, collective memory and values.

They are an essential component of our identities, and a building block of our

diversity and living heritage.3

Moreover, language is not only an expression of culture and identity; it also is a

source of history. Languages trace the journey populations travelled throughout

centuries. Etymology and linguistics offer us an insight into the use and importance

of the objects or concepts designated by the words chosen. In addition, languages

have a genuine scientific benefit. Medicinal knowledge of indigenous peoples are

3 UNESCO, Atlas of the World’s Languages in Danger, 2011,



http://images.mentalfloss.com/sites/default/files/styles/article_640x430/public/90250057.jpg


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estimated to contribute $85 billion to the pharmaceutical sector each year.4 It is

therefore clear that languages need just as much protection as any other form of

heritage.

However, in the last six centuries, and especially in the last two, thousands of

languages became extinct. There are diverse causes such as the conquering of

nations, colonization, natural disasters, globalization and so on. We should also be

aware of hidden causes when looking at endangered languages, such as

discrimination of minorities, a history of genocide, political agendas and so on.

UNESCO has already acted on many fronts to safeguard endangered languages and

prevent their disappearance.5

Language endangerment affects both the languages themselves and the people that

speak them. As communities lose their language, they often also lose parts of their

cultural traditions, which are tied to that language, such as songs, myths and poetry

that are not easily transferred to another language. This may in turn affect their sense

of identity, producing a weakened social cohesion, as their values and traditions are

replaced with new ones.6 Losing a language may also have political consequences, as

some countries confer different political statuses or privileges on minority ethnic

groups, often defining ethnicity in terms of language. The influx of immigrants in a

certain area may also lead to the endangerment of the autochthonous language

(UNESCO, 2014).

The topic of safeguarding of endangered languages and dialects offers the seeds for a

4 Harrison, ‘When languages die: extinction of the world’s languages and the erosion of human knowledge’, 2007;

available at https://pdfs.semanticscholar.org/81b3/d466be0f54e6d77e83901d19abfe26922b11.pdf 5 UNESCO Ad Hoc Expert Group on Endangered Languages, 2003, http://www.unesco.org/culture/ich/doc/src/00120-

EN.pdf 6 UNESCO, Atlas of the World’s Languages in Danger, 2011,


https://pdfs.semanticscholar.org/81b3/d466be0f54e6d77e83901d19abfe26922b11.pdf


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fruitful debate. It covers several aspects of UNESCO’s tasks and goals. It touches

upon the field of protection of mankind’s heritage as well as culture, education and

human rights. Secondly, when dealing with cultural heritage and its safeguarding,

local languages and dialects are often forgotten. It is therefore important to remind

ourselves of just how defining a language is for our identity and culture.

History and background

Languages and dialects are the result of social processes. Since the beginning, languages

experienced changes dictated by historical, geographical or even political circumstances.

Language can be influenced by economic, cultural or social policies as the use of

language is as old as the history of mankind and throughout history thousands of

languages have become extinct, so it is very complicated to find the true origin the

problem.

However, since the nineteenth century, two phenomena have certainly accelerated

this occurrence – colonialism and nationalism. The first phenomenon imposed on

thousands of men and women around the world the language of the colonizers

countries language as the only official language of the government.7 It is a matter of

fact that even today, in many African as well as South East Asian countries, English

7 UNESCO Ad Hoc Expert Group on Endangered Languages, 2003, http://www.unesco.org/culture/ich/doc/src/00120-

EN.pdf

Figure 1 Some of European

languages and dialects on the verge

of extinction or already extinct. Source:

http://www.istrianet.org/istria/languages/images/map_

romance_languages700.jpg


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or French is one of the official languages or even the only official language. It is

however important to note that not every citizen actually masters the official

language, and that others speak both the official as well as one or more other

languages.

Historically speaking, in colonies and elsewhere where speakers of different

languages have come into contact, some languages have been considered superior to

others. Often one language has attained a dominant position in a country. Speakers of

endangered languages may themselves come to associate their language with

negative concepts such as poverty, illiteracy and social stigma, causing them to wish

to adopt the dominant language, which is associated with social and economic

progress and modernity.8 According to the Atlas of the World’s Languages in Danger

“About half of some 6,000 languages spoken today are in danger of disappearing”

UNESCO offers a map showing the endangered languages around the world on its

official website, which may be consulted in this connection.9

Firstly, the Declaration of Vienna of the World Conference on Human Rights (1993),

affirming the right for “persons belonging to minorities to use their own language”

(art. 19); secondly, the call of the General Assembly of the United Nations for more

attention to multilingualism (December 1999); thirdly, the resolution 56/262 (Part II)

of the General Assembly of the United Nations focusing on the preservation and

protection of all languages and finally, the report of the Secretary-General of the

United Nations at its fifty-eighth session (2003), on measures to protect, promote and

preserve all languages .10

There are also several UNESCO activities organised about languages. Having

8 Austin, Peter K; Sallabank, Julia (2011). "Introduction". In Austin, Peter K; Sallabank, Julia. Cambridge Handbook of

Endangered Languages. Cambridge University 9 http://unesdoc.unesco.org/images/0019/001924/192416e.pdf 10 UNESCO Ad Hoc Expert Group on Endangered Languages, 2003, http://www.unesco.org/culture/ich/doc/src/00120-

EN.pdf


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recognised the need for an integrated vision of the issue of language in all aspects that

relate to UNESCO’s mandate, the Organisation, in the XXI century, has developed

normative tools such as the UNESCO Universal Declaration on Cultural

Diversity and its Action Plan, in 2001, probably the most comprehensive text adopted

by UNESCO in the field of culture, the Convention for the Safeguarding of the

Intangible Cultural Heritage and the Recommendation on the Promotion and Use of

Multilingualism and Universal Access to Cyberspace – the latter two documents were

both adopted by the UNESCO’s General Conference in October 2003.11

Activities in order to promote multilingualism are carried out by all UNESCO’s

sectors and in various intersectional projects. Regarding UNESCO’s activities for the

safeguarding of endangered languages, the Endangered Languages Programme is

one of the main activities of the Intangible Heritage Section of UNESCO’s sector for

Culture. Another example is the UNESCO Atlas of the World’s Languages in Danger

of Disappearing (1996, 2001), which has aroused vivid interest among scholars and

journalists, and became a reference book for the general public.12

Statement of the problem and current situation

The main causes of language endangerment can split up into two big categories:

natural and human. These are those causes that put populations in physical danger

and as follows make them unable to speak that language, such as natural disasters,

famine, disease, or those caused by humans such as war and genocide.13

Unfortunately, there are plenty of examples throughout history, as the language(s) of

the indigenous population wiped out by colonists, and many extinct and endangered

11 Smeets, R., “UNESCO Activities for Safeguarding Endangered languages”,

http://lingsib.iea.ras.ru/en/articles/smeets.shtml#fn6 12 UNESCO, “Final Recommendations for the Action Plan of UNESCO’s World Atlas of Languages”,

http://www.unesco.org/new/fileadmin/MULTIMEDIA/HQ/CI/CI/pdf/news/recommendations_action_plan_atlas_langu

ages.pdf 13 UNESCO Ad Hoc Expert Group on Endangered Languages, 2003, http://www.unesco.org/culture/ich/doc/src/00120-

EN.pdf


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languages of the Americas where indigenous peoples have been subjected to

genocidal violence, or in other scenarios, the languages have been affected by civil

war as the case of the Mayan languages in Nicaragua.

There are those causes, which prevent or discourage speakers from using a language,

such as political repression, hegemony and marginalisation. This has happened when

nation-states working to promote a single national culture limit the opportunities for

the use of minority languages in the public sphere, schools, and elsewhere, sometimes

even prohibiting them altogether, causing enormous damage to the dialectal diversity.

For example, causing a gradual loss of grammatical or phonological complexities that

are not found in the dominant language. Communities that lose their language may

also lose political legitimacy as a community within a state. Sometimes ethnic groups

are being forced to resettle, or children may be removed to be schooled away from

home and have their chances of cultural and linguistic continuity disrupted. This has

happened in the case of many Native American and Australian languages, as well as

European and Asian minority languages such as Dutch in Belgium in the

past and Kurdish in Turkey.14

Hegemony or marginalisation happen when political and economic power is closely

tied to a particular language and culture so that there is a strong incentive for

individuals to abandon their language in favour of another more prestigious one.

Scholars distinguish economic, cultural and political marginalisation. Those factors

of marginalization occur when the economic, cultural and political activities are

carried out exclusively in a

majority language.

14 UNESCO Ad Hoc Expert Group on Endangered Languages,

2003, http://www.unesco.org/culture/ich/doc/src/00120-EN.pdf

Figure 2 Source: http://imgur.com/XPstLiv


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According to UNESCO’s "Atlas of Languages in Danger of Disappearing", there are

an estimated 6,000 languages spoken worldwide today, and half of the world’s

population speaks the eight most common. It is estimated that 10% of the world's

languages are used online (UNESCO, 2014). For instance, Google allows its users to

select from 36 languages, and 28 of those are European in origin, which clearly

marginalizes native and indigenous languages.15 One prediction states that 90% of

languages, notably the languages of indigenous and native peoples, are at risk of

disappearing in the next 100 years. This is chiefly caused by the fact that most

indigenous knowledge is passed down orally through generations, and fewer and

fewer young people learn linguistic traditions from their elders. In addition, 90% of

Australian aboriginal languages and over 50% of minority languages of Russia are

likely to become extinct. Strikingly, over 2,000 of the 7,000 official languages

spoken around the world have only 1,000 speakers or fewer.16 A number of NGOs,

most notably the Endangered Languages Project, offers online users the possibility to

upload content in the form of text, audio or video files regarding the language they

speak. A University of Cambridge study has credited the need for economic

prosperity and integration as one of the causes of linguistic unification among nations

and peoples: "As economies develop, one language often comes to dominate a

nation's political and educational spheres. People are forced to adopt the dominant

language or risk being left out in the cold – economically and politically".17

A number of responses have been crafted by states and international blocs. These

include: language documentation, language revitalization and language maintenance.

Language documentation is concerned with the methods, tools, and theoretical

underpinnings for compiling a representative and lasting multipurpose record of a

15 Mayyasi, A., “Will the Internet Make Most Languages Go Extinct?”, 2013, https://priceonomics.com/only-4-of-

languages-are-used-online/ 16 Iaccino, L., “Unesco: Half of world's languages will disappear by 2100”, http://www.ibtimes.co.uk/unesco-half-

worlds-languages-will-disappear-by-2100-1498154 17 University of Cambridge, “Economic success drives language extinction”,

http://www.cam.ac.uk/research/news/economic-success-drives-language-extinction


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natural language or one of its varieties.18 Audio and video recordings can also be

employed to create repositories of material containing samples of a given language

being used. Traditionally, writing has been the predominant vehicle of preservation,

however information stored in book or manuscript form is subject to acid issues,

binding problems, environmental monitoring problems, and security concerns.

UNESCO’s "Atlas of Languages in Danger of Disappearing" provides a tool for

monitoring endangered languages.

Some of the most endangered languages are listed below:19

Mohawk

Hawaiian

Brezhoneg

Romansh

Cherokee

Corsican

Tatar

Scottish Gaelic

Inuktitut

Arawak

Friulan

Karaim

Quechua

Waloon

Bloc Positions

Language and dialect preservation has attracted considerable political support.

USA’s Native American Languages Acts of 1990 and 1992, and the Esther

18 Gippert, J., Himmelmann, N.P., Mosel, U. (eds.), Essentials of Language Documentation, Walter de Gruyter GmbH

& Co. 2006 19 The Endangered Languages Project, “Resources”, http://www.endangeredlanguages.com/resources/?cats=2


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Martinez Act of 2006 ensure that it is the policy of the United States

government to support the preservation and revitalization of Native American

languages and the community programs which ensure their transmission.20 The

Russian President has repeatedly pledged support for support NGOs working

in the field of multi-national cooperation, preservation and protection of

culture, traditions, and languages of the peoples of Russia.21

On the other hand, however, it has been observed that fostering of local

languages has been instrumentally used by authoritarian politicians,

particularly in Africa, to strengthen their regimes. Promotion of local language

education may also be employed to fragment political opposition and bolster

ethnic separatism. 22 Examples include the policies of former Cameroonian

president P. Biya, Tanzania’s J. Nyerere and Ghana’s K. Nkrumah. Scholar P.

Lagefoged has even spoken sympathetically about language extinction stating

that “in some countries tribalism is a threat to national peace and unity, and

pushing preservation of local languages over a national language aids and abets

this schism”.23

Opposition to the preservation of endangered languages and dialects has come

from some conservative figures and politicians who feel that this may

undermine the status of national states. For example, a number of French

conservative MEPs voted against a 2013 EU resolution on minority languages,

arguing that: “Article 2 of the French Constitution says that the French

language and flag constitute the unity of the Republic, which is in

20 Linguistic Society of America, “Resolution for U.S. Government Action to Support the Preservation and

Revitalization of Native American Languages”, http://www.linguisticsociety.org/resource/resolution-us-government-

action-support-preservation-and-revitalization-native-american 21 Russkiy Mir, “Putin Calls to Support NGOs Working to Preserve Culture and Language of Russia’s Peoples”,

31.10.2016, http://www.russkiymir.ru/en/news/216026/ 22 Albaugh, E., State-Building and Multilingual Education in Africa, Cambridge University Press 2014. 23 Harbeck, J., “Why do we fight so hard to preserve endangered languages?”, The Week,

http://theweek.com/articles/541609/why-fight-hard-preserve-endangeredlanguages


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contradiction with the European Charter for regional and minority

languages”.24

Questions a Resolution Should Answer

What are the most effective methods of language preservation?

Are any of the methods underfunded? Which ones?

Should the international community coordinate efforts directed at

preserving a specific language?

How to prevent economic factors from impacting the endangerment and

extinction of languages?

Should states be required to cultivate local languages even if that may be

detrimental to their integrity and sovereignty?

How can UNESCO capitalize on its previous efforts in this field and

help create an international system of safeguards of endangered

languages and dialects?

The most frequently used means of communication (e.g. Internet)

conduce to the endangerment of languages? Can that trend be reversed

and if so, how?

24 Milevska, T., “French Conservative MEPs opposed EU resolution on minority languages”, 2013,

https://www.euractiv.com/section/languages-culture/news/french-conservative-meps-opposed-eu-resolution-on-

minority-languages/


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Source: http://asiasociety.org/files/imagecache/centers_articles_pages/PA%20Image%20-

%20Original%20(option%201)%20(800x422).jpg

Topic B: Antiquities Trafficking in

Conflict Zones

Introduction

Not only has looting taken places for thousands of years, referred to in history

as the spoils of war, but over the last two centuries the public opinion has

changed in regards to these plunders, thus the international community has

come to see looting as a serious and culturally devastating issue. The illicit

antiquities trade appears to be an even greater threat than originally thought,

where, with more conflicts arising in the world, more cultural heritage is

looted, smuggled, and sold on the ‘black’ market. As of May 21, 2015, the

Islamic State of Iraq and Syria (ISIS) have seized the entirety of Palmyra, a

2,000 year old Syrian city. The preservation of Palmyra has been a concern for

numerous years; hence it became a UNESCO World Heritage Site in 1980,25

yet with this development, swift and fruitful action must be taken in order to

safeguard it for posterity.

25 WHS List, “Syrian Arab Republic”, 2015, http://whc.unesco.org/en/statesparties/sy


http://asiasociety.org/files/imagecache/centers_articles_pages/PA%20Image%20-%20Original%20(option%201)%20(800x422).jpg

http://asiasociety.org/files/imagecache/centers_articles_pages/PA%20Image%20-%20Original%20(option%201)%20(800x422).jpg


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Drugs and arms are the most common commodities trafficked, with cultural

objects taking third place, albeit it is difficult to quantify the extent of art that is

trafficked.26 UNESCO has defined cultural objects as an object of historical,

architectural or archaeological interest.27

This trade occurs at both local and international levels, thus the very nature of

the trade further complicates attempts to quantify the crimes. Selling artefacts

that violate the trade laws of the country of origin of the object, both nationally

and internationally, is seen as illicit trade.28 The high-profile case (April 11,

2005-2010) of Marion True, the curator of the Getty Museum (Los Angeles)

acquiring illegally excavated and exported Italian and Greek antiquities

demonstrates the international scope and magnitude of the illicit art market.

One can regard two principal reasons as to why export controls exist on

cultural objects: to prevent the extraction of excavated antiquities when “the

state does not have a blanket ownership statute”, as well as to provide the

country with the chance to avert the removal of objects considered to be of

significant cultural heritage value into private, legally owned, collections.29

Presently, one can see numerous states attempting to protect their cultural

heritage for posterity, which is the result of ever-growing public interest on the

issue 30 , as well as the illicit art and antiquities market having become

transnational in its organisation over the past several decades31.

26 Interpol, “Frequently Asked Questions”, 2013 http://www.interpol.int/Crime-areas/Works-of-art/Frequently-asked-

questions 27 UNESCO, “Syria’s Six World Heritage sites placed on List of World Heritage in Danger”, 2013,

http://whc.unesco.org/en/news/1038/ 28 Gerstenblith, P., “Controlling the International Market in Antiquities: Reducing the Harm, Preserving the Past”, 8(1)

Chicago Journal of International Law 2007, 168-195. 29 Vigneron, S., “Protecting Cultural Objects: Enforcing the Illicit Export of Foreign Cultural Objects” in V. Vadi & H.

E. G. S. Schneider (eds.), Art Cultural Heritage and the Market: Ethical and Legal Issues (pp. 117-140), Springer 2014. 30 Ibid. 31 Calvani, S., “Frequency and Figures of Organised Crime in Art and Antiquities” in S. Manacorda (ed.), Organised

Crime in Art and Antiquities (pp. 29-39). Milan: ISPAC 2009.


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Case studies will reveal the need and urgency for a change to the policy and

laws regarding the handling and trafficking of illicit art work, as well as the

long road which lies ahead in order to make positive changes, which shall

safeguard the cultural objects for posterity. The term trafficking, for the

purpose of this Study Guide, shall be used in terms of the transporting of illicit

goods transnationally, as opposed to local looting, which can be seen as a

“function of engagement with the past, which exhibits its own structure”32.

Numerous participants, techniques, and specialised knowledge are frequently

key ingredients in the trade of illicit art and antiquities trafficking, which

necessitate networks. Often, these networks are transnational, where the

inability to carry out the illicit activities by single individual participants has

resulted in the development of said networks. The illicit antiquities trade

flourishes for it has the potential to bring about large profit margins, compared

to the relatively low risk to the participants, in particular those at the later

stages of the network.

32 Campbell, P., “The Illicit Antiquities Trade as a Transnational Criminal Network: Characterizing and Anticipating

Trafficking of Cultural Heritage”, 20 International Journal of Cultural Property 2013, 113-153.

Figure 1 Market flow of the illicit

antiquities trade.

Source: Kersel, M. M., “From the Ground to the Buyer: A Market Analysis of the Illegal Trade in Antiquities” in

N. Brodie, M. M. Kersel, C. Luke & K. Walker Yubb

(eds.), Archaeology, Cultural Heritage and the Antiquities Trade, pp. 188-205. University Press of

Florida 2006


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The Pattern

The market can be split into three stages: the supply of antiquities in source

countries, the demand generated in market countries, and the sequence of

transportation between source and market countries33. Demand for antiquities

is usually generated in the wealthy states, thus as with other commodities,

antiquities trafficking follows a similar pattern. The goods are exported from

less economically developed or instable countries to these wealthy states. The

commodities are transported transnationally from source to market countries34.

This illicit trade does not require centralisation-only organisation. Monetary

transactions occur at every stage of the network between the multitudes of

participants. These transactions can be singular exchanges, and do not obligate

the participant to any future interactions, due to the fact that limited contact

reduces the risk of exposure. Note that a transaction can occur at any stage of

33 Ibid. 34 Ibid.

Figure 2 An Overview of the four stages of the antiquities market. Source: Shentov, O.,

Organised Crime in Bulgaria: Markets and Trends, US Department of Justice:

Centre for the Study of Democracy 2007.


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the market flow (Fig. 1), if there is a suitable buyer35. There are similarities

between this trade and criminal networks.

The illicit antiquities trade process is fashioned in such a way that there is no

centralised market regulation, whereas there is a four stage system, which

creates a market which is dictated by the participants: demand and prices are

kept high.36 Risk and specialised knowledge are motivating factors, which

continue to drive the market. Though there is no official hierarchy, certain

participants hold more power due to their role in the four stage network.

Subsequently, participants who are higher up on the ‘food chain’, regulate the

market. This results in the supply and demand of antiquities to be artificially

maintained, 37 by controlling both the prices for the goods, as well as the

prepaid fixed fees for the lesser, lower-down intermediaries.38

The Stages of

Trafficking

Fig. 2 depicts the four-

stages of trafficking,

which have been

agreed upon by

numerous scholars. The stages

begin with the stealing of the

artefacts and progress to the

purchasing of them, with the looter and collector committing the crimes

respectively (Fig. 3). Role specialisation, as in other types of trafficking,

differentiates between the roles of participant in each stage of the network

35 Kersel, M. M., “From the Ground to the Buyer: A Market Analysis of the Illegal Trade in Antiquities” in N. Brodie,

M. M. Kersel, C. Luke & K. Walker Yubb (eds.), Archaeology, Cultural Heritage and the Antiquities Trade, pp. 188-

205. University Press of Florida 2006 36 Dept. of Defence (2015), “Several Theories Justifying Our Need to Respect and Safeguard Cultural Property”,

http://www.cemml.colostate.edu/cultural/09476/chp03afghenl.html 37 Brodie, N., Doole, J., Watson, P. (2000). Stealing History: The Illicit Trade in Cultural Material. Cambridge, UK:

MacDonald Institute for Archaeological Research. 38 Ruiz, C. (2000). “My Life as a Tombarolo”, The Art Newspaper 112, 36-38.

Figure 3 Relative populations of the antiquities

network. Each symbol represents 1000 participants. http://www.illicitantiquities.com/project/crime/


22

paradigm. Specialised knowledge at any stage increases the success rate, for it

is a requirement of the trade for participation, from locating the archaeological

site to knowing how to smuggle the goods out of the country. Nevertheless,

this knowledge is subject to physical and cultural conditions, such as socio-

economic standing, and geography (Fig. 4). The stages are the direct result of

role specialisation, dictated by the abilities, capabilities and opportunities a

participant has to offer39. The stages flow naturally from one stage to the other,

yet their structure is unintentional. There is a natural order of progress, without

any particular body enforcing the four-stage structure.

Conventions and Resolutions

Numerous international conventions on the protection of cultural heritage have

already been created, however, the two principal conventions, which are most

relevant to this thesis, were drafted by UNESCO and the International Institute

for the Unification of Private Law (UNIDROIT). Furthermore, it is important

to note the Hague Law (1954), which is congruous with the Convention for the

Protection of the Cultural Heritage in Situations of Armed Conflict, the Paris

Law, which derived from the 1970 UNESCO Convention mentioned below,

39 Campbell, P., “The Illicit Antiquities Trade as a Transnational Criminal Network: Characterizing and Anticipating


Figure 4 The four stages of antiquities trafficking, depicting

the increase of profit and specialisation with each stage. Source:

Campbell, P., “The Illicit Antiquities Trade as a Transnational Criminal Network: Characterizing and Anticipating



23

and the Rome Law, which correspond with the 1995 UNIDROIT Convention,

which are also examined below.

1954 The Hague Law:

In essence, the Law looks at protecting cultural goods and heritage in the event

of armed conflict, both national and international. Yet this approach illustrates

the significance we, as an international community, placed on cultural goods

whilst limiting an area of what was to be protected (UNESCO, 1954). This was

created in light of the destruction of cultural heritage, both tangible and

intangible, during the Second World War.

1970 Paris Law:

This Law derived from the 1970 UNESCO Convention. Its significance lies in

the fact that the clauses and the initiated international instrument aimed at

tackling the unlawful import, export and possession of cultural goods, became

illegal at a national, as well as international level.

1995 UNIDROIT Convention on Stolen and Illegally Exported Cultural

Objects:

Considering UNESCO’s Convention’s limitations, this 1995 Convention

addresses the issues of privately owned and illegally transported objects, rather

than those in possession of the state.

1970 UNESCO Convention on the Means of Prohibiting and Preventing the

Illicit Import, Export and Transfer of Ownership of Cultural Property:

Its chief achievement is the establishment of an international public policy,

where the 123 members states are obligated to collaborate to aid the indemnity


24

of consequential cultural objects.40 Nevertheless, the Convention's capacity is

strictly defined, due to the consensual nature of its procedures.

1995 Rome Law:

This Law may be identified within the 1995 UNIEDROIT Convention. It is

focused on the restitution of illicitly obtained cultural goods and disregards the

Criminal Law. One can see its bias nature, for the concept due diligence is the

basis of this Law.

You should also look into other efforts by various organisations, such as the

International Council of Museums, the American Association of Museums and

the American Alliance of Museums, as well as other Conventions and

Resolutions, such as the 1991 UNIDROIT Basel Resolution. Try to think of

what they are trying to accomplish: e.g. safeguarding cultural heritage and

cultural objects for posterity by attempting to create a universal code of

conduct for member states in case they come into contact with looted goods.

You should also consider their limitations (e.g. not all countries are member

states or perhaps a Resolution is not binding).

Statement of the Problem and Current Situation

Definitions and Perspectives

As previously mentioned, it is difficult to gain data regarding the illicit trade of

art and antiquities and their markets. However, the antiquities trade is

estimated to be worth US$2.2 billion per annum. 41 Interchangeable

40 UNESCO. (1970), Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of

Ownership of Cultural Property 1970, http://portal.unesco.org/en/ev.php-

URL_ID=13039&URL_DO=DO_TOPIC&URL_SECTION=201.html 41 UNESCO. (2005), International Flows of Selected Cultural Goods and Services, 1994-2003: Defining and Capturing

the Flows of Global Cultural Trade, Montreal: UNESCO Institute of Statistics.


25

participants, who cooperate amongst each other when it is advantageous to

both parties, and the lack of a central organisation (e.g. the Godfather of the

Mafia) characterises a typical criminal network.42 The flexible nature of these

criminal networks creates a multitude of predicaments for law enforcement.43

Criminal relationships with interchangeable players are considered to be a

structured group, thus one can elucidate it as “a group that is not randomly

formed for the immediate commission of an offence and that does not need to

have formally denied roles for its members, continuity of its membership or a

developed structure”.44 It is important to note, that due to the efficiency of a

structured group, the organisational aspect has been embraced by numerous

legitimate organisations.45

The definition of the term ‘organised crime’ is important for it has a direct

effect on the legal systems, penal codes, and policies of countries. Hagan calls

for a “universal working definition” on this basis.46 Furthermore, this affects

one’s perspective on whether or not organised crime plays a role in the illicit

antiquities trade. Many connotations of the term “organised crime” are brought

to mind due to its definition being constantly debated. Some scholars believe

that the incorrect application of the term, in conjunction with the lack of

reliable official data on the ‘black’ market, has resulted in this definitional

debate amongst scholars.47

42 Felson, M. (2006), “The Ecosystem of Organised Crime. Paper presented at the European Institute for Crime

Prevention and Control on HEUNI 25th Anniversary Lecture”, Paper no. 26, Helsinki, Finland. 43 Williams, P. & Godson, R., “Anticipating Organised and Transnational Crime”, 37 Crime, Law & Social Change

2002, 311-55. 44 United Nations, United Nations Convention Against Transnational Organised Crime and the Protocols Thereto. New

York: United Nations 2004, https://www.unodc.org/documents/middleeastandnorthafrica/organised-

crime/UNITED_NATIONS_CONVENTION_AGAINST_TRANSNATIONAL_ORGANIZED_CRIME_AND_THE_

PROTOCOLS_THERETO.pdf 45 Williams, P. & Godson, R., “Anticipating Organised and Transnational Crime”, 37 Crime, Law & Social Change

2002, 311-55. 46 Hagan, F. E. (2006). “”Organised Crime” and “organised crime”: Indeterminate Problems of Definition”, Trends in

Organised Crime 9(4), 127-137. 47 Ibid.

https://www.unodc.org/documents/middleeastandnorthafrica/organised-crime/UNITED_NATIONS_CONVENTION_AGAINST_TRANSNATIONAL_ORGANIZED_CRIME_AND_THE_PROTOCOLS_THERETO.pdf




26

A criminologist adopts the perspective that ‘Organised Crime’ is in reference

to a hierarchical organised group, such as the Red Mafiya, whilst ‘organised

crime’ is a crime that has a degree of organisation. 48Proulx has noted that there

is a significant lack of specialists who have studied the criminal aspects of the

trade. 49 Furthermore, she conducted research in order to discover the

archaeologist’s perspective and experience with organised crime in the field.

Her findings showed a misconception of the term in the field of archaeology-

the archaeologists viewed organised crime through the misconstrued televised

idea of organised crime being like the Mafia depicted in films, such as the

Godfather. Other criminologists are also of the same opinion- popular culture

and misconception of the term ‘organised crime’ has led to the misconstrued,

misinterpreted, and misinformed use of the term, which is used too liberally.

48 Ibid. 49 Proulx, B. (2011). “Organised Criminal Involvement in the Illicit Antiquities Trade”, Trends in Organised Crime 14,

1-29.

Figure 5 Four Stage Progression Model – the Network.


27

Future Efforts in Tackling Organised Crime within the Antiquities Field

One must question the criminal aspects of the illicit antiquities trade. Not only

is there a definitional debate in regards to what constitutes ‘organised crime’,

but also one can see discrepancies in the Resolutions, Laws, and Conventions

mentioned above, such as sanctions for participants in the illicit trade of

antiquities. The laws and clauses vary depending on the time in which the

crimes were committed, for example during armed conflict. The question that

subsequently arises is: should a difference in the law and the various solutions

to crimes committed during peaceful or unrestful times be reflected in the

Conventions and Resolutions? Many domestic and transnational laws aimed at

the illicit import, export and possession of cultural heritage stem from the work

carried out by the different organisations of the United Nations, such as

UNESCO and UNODC. Cooperation between the various UN bodies further

highlights the international communities’ understanding of the need to

safeguard and prevent the illicit trafficking of cultural goods, including

antiquities.

The 1990 UN Model Treaty for the Prevention of Crimes that Infringe on the

Cultural Heritage of Peoples in the Form of Moveable Property, adopted by

the Eighth United Nations Congress on the Prevention of Crime and the

Treatment of Offenders is based upon cooperation in penal matters. Article

2(c) takes into consideration “international conspiracies” (referring to

organised crime), stating that member states should make provisions and

legislation, which targets “persons and institutions within its territory”, and

their involvement with organised crime.50 Sanctions for the perpetrators are

suggested in Article 3. Nevertheless, albeit some effective instruments are

50 UNODC (1994). Model Treaty for the Prevention of Crimes that Infringe on the Cultural

Heritage of Peoples in the Form of Moveable Property, http://obs-traffic.museum/model-treaty-

prevention-crimes-infringe-cultural-heritage-peoples-form-movable-property


28

introduced in this document, they are theoretical for it still has the status of a

model treaty. ECOSOC called upon another session again for the purpose to

resubmit this model treaty’s recommendations on tackling the problem of

trafficking illicit cultural property (ECOSOC Resolution 2008/23.3).

Proposed Solutions

The United Nations and other international organisations, such as ICOM, are

not the only people addressing this issue, albeit they are probably the sole

bodies who can bring about change at a transnational level due to the political,

legal and social powers which they have influence on. Scholars too have

proposed mechanisms in order to prevent the illicit trafficking of antiquities.

Chiefly, they target the four-stage network paradigm (Fig. 5). Felson proposed

the ‘events, sequence, and settings’ approach, which is based on the idea that

by breaking down and understanding the structure of the organisational aspect

of criminal activities, one can understand the flow of events which bring about

the illicit trade.51 By breaking down the sequence, one can also examine each

individual stage as a separate entity, an “ecosystem’, which depicts the

criminal involvement of an organisation.

Anticipation of a crime means one is better prepared: by anticipating the illicit

exchange between participants once can unmask and detect the criminals in

both source and market countries. Three possible approaches can be adopted:

limiting convergence settings

changing the social nature of trade

improving the local response to networks.

51 Felson, M. (2006), “The Ecosystem of Organised Crime. Paper presented at the European Institute for Crime

Prevention and Control on HEUNI 25th Anniversary Lecture”, Paper no. 26, Helsinki, Finland.


29

A physical location and communication are required to conduct any sort of

trade, thus by eliminating the convergence settings, participants of the criminal

network will have no place to conduct their illicit trade. As a result, the market

flow (Fig. 1) shall be affected - the convergence settings act as a facilitating

factor for the physical transaction between participants, which has a direct link

between the aforementioned market flow and the network paradigm.

Each country faces different challenges, thus a response should be altered and

customised to the specific geo-political and socio-economic conditions of said

state. The type of participant is largely dictated by the economic state of the

country, which is frequently influenced by the unemployment rate. Violence in

an ‘ecosystem’ is dependent on the political and economic stability of a state-

the more stable a state is, the less violence occurs. Academics and law

enforcement can use available research into the field of art and antiquities to

infer information based on levels of unemployment in a state. A reduction in

the number of looters can be made by deducing the type of looter based on the

unemployment rate (e.g. subsistence digger), thus drawing conclusions on the

second stage (Campbell, 2013, p. 136). An understanding of the trade, which is

provided by the network paradigm, can be used to tackle the illicit trade

according to the local conditions. Dietzler’s network paradigm would be the

ideal method for this as it aids in the establishment of macro- and micro-

settings, which can be used to tailor responses more efficiently.

Bloc Positions

There has been much concerted effort orientated towards combating antiquities

trafficking, particularly when perpetrated by non-state actors such as terrorist

groups. In 2015, international cooperation of police forces yielded a number of


30

successes, e.g. the seizure of 2,200 illicit Egyptian antiquities and the arrest of

35 suspected antiquities traffickers in the Spanish port of Valencia.52

Criticism has centred around the lack of discussion concerning the need to

police historical sites, insider theft and neglect. Commentators have surmised

that international regulators fail to address the core causes behind looting and

trafficking of antiquities, such as economic insecurity, lack of alternative

resources, chronic, deep poverty, precarity of existence during conflicts, health

insecurity, exposure to disease, conflicts creating acute needs in local

communities and displaced populations. Safeguarding mechanisms depend on

instruments of international art law, which are not equipped with centralized

sanctions. Looters of artefacts, such as the Malian Tuareg in 2012 or ISIS

fighters since 2015, could be subject to charges if they steal and damage

property– though it is tricky to determine who would hold them accountable

(Shryock, 2012).

In 2015, a Culture Under Threat Forum took place in New York, which saw

foreign ministers of Egypt, Iraq, Jordan, and Australia, as well as ambassadors

and senior officials from Cambodia, Thailand, Italy, Qatar, and Saudi Arabia

join diverse experts in an unprecedented high-level, multi-sector forum to seek

solutions to this black-market trade in “blood antiquities,” which has reached

crisis proportions in the Middle East. Jordan’s N. Judeh stressed that “We have

to go beyond alarm, shock, and condemnation. The time has come for us to

unite towards a more proactive approach and translate words into deeds before

it is too late”.53

52 Neuendorf, H. (2013), “Increase in Antiquities Smuggling Busts amidst Government Crackdown”,

https://news.artnet.com/art-world/increase-in-antiquities-smuggling-busts-amidst-government-crackdown-235536 53 Middle East Institute (2015), “Global Leaders and Antiquities Community Join to Fight Trafficking and Terror

Financing”, http://www.mei.edu/content/article/global-leaders-and-antiquities-community-join-fight-trafficking-and-

terror-financing


31

Questions a Resolution Should Answer

What are the key motivations behind antiquities trafficking and how to

neutralize those through international cooperation?

Is there any way to control the levels of trafficking in conflict zones?

What lessons could be learned from history and past endeavours to

contain the problem?

How to influence rogue actors so that trafficking is eradicated?

What are the most important provisions from the international treaties

passed hitherto and how can they be used to tackle antiquities

trafficking?

What do you think about the solutions proposed by academics and

commentators?

What definition of “organized crime” and “trafficking” shall be adopted

to effectively fight antiquities trafficking and looting?

Is it possible to create a functioning international mechanism of

sanctions against traffickers?


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Conference Information

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Agenda & Rules of Procedure

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www.limun.org.uk/agenda

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Documents

Table of Content - LIMUN...My personal tag for 2016 is #becausewhynot! I am positive this year will bring lots of interesting debates to LIMUN and I am happy to assist all delegates