"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