United Nations Educational, Scientific and Cultural Organization Executive Board

Transcription

1 United Nations Educational, Scientific and Cultural Organization Executive Board ex Hundred and sixty-second Session 162 EX/14 PARIS, 2001 Original: English Item of the provisional agenda PROTECTION OF THE CULTURAL HERITAGE: ACTS CONSTITUTING A CRIME AGAINST THE COMMON HERITAGE OF HUMANITY SUMMARY In conformity with Decision 161 EX/Decision (III) paragraphs 9 and 10, the Director-General reports on his further efforts to protect threatened heritage; on the action of the Bureau of the World Heritage Committee in this respect and on study of improving and punishment of destructive acts against the heritage. He proposes for consideration of the Executive Board and General Conference a declaration, which embodies the principles of protection found in UNESCO s heritage Conventions. Document 31 C/46 which is annexed hereto is hereby submitted to the Executive Board for comments. Any comments or recommendations that the Executive Board may wish to make to the General Conference will be transmitted by way of an addendum to document 31 C/46.

2 General Conference 31st session, Paris C 31 C/46 12 September 2001 Original: English Item 5.5 of the provisional agenda ACTS CONSTITUTING A CRIME AGAINST THE COMMON HERITAGE OF HUMANITY OUTLINE Source: 161 EX/Decision (III), paragraphs 9 and 10. Background: The Director-General reports on his efforts to protect threatened heritage, on the action of the Bureau of the World Heritage Committee in this respect and on a study of improving prevention and punishment of destructive acts against the heritage. Purpose: The Director-General proposes to undertake the formulation of a draft declaration which embodies the principles of protection found in UNESCO s heritage conventions, to be presented to the General Conference at its 32nd session. Decision required: paragraph The destruction of the Buddhas of Bamiyan led to widespread calls for improved protection of the cultural heritage of humanity. The Director-General has described such acts as crimes against the common heritage of humanity and calls have been made for a new legal instrument to ensure their prevention and punishment. 2. Following 161 EX/Decision (III) which invited the Director-General to pursue his efforts aimed at safeguarding the cultural historical heritage under threat, efforts have been made to strengthen the safeguarding of the cultural heritage of Afghanistan through the establishment of partnerships with various non-governmental organizations to support the taking into custody of Afghan cultural property available on the art market, in particular objects looted from museums or found during recent illicit excavations, and to place them in

3 31 C/46 page 2 security, in order to return them to the Afghan people when peace returns and the situation is stable for the safety of this heritage. 3. To reinforce the protection of the Afghan cultural heritage, an international conference of specialists in Islamic law and religion is being organized, with the cooperation of the Organization of the Islamic Conference (OIC), ISESCO and ALECSO, in Doha, Qatar on December 2001 to obtain a clear declaration of the position of the Muslim world on the preservation of cultural heritage. 4. The Director-General was also invited in 161 EX/Decision (III) to give his full support to the World Heritage Committee and other competent bodies with a view to formulating proposals aimed at establishing mechanisms to strengthen the protection of heritage. At its twenty-fifth session, the Bureau of the World Heritage Committee examined the issue of the destruction of the Bamiyan Buddhist statues and discussed the ways to strengthen the protection of heritage. The Bureau recommended that the following resolution be discussed by the Thirteenth General Assembly of States Parties to the World Heritage Convention (30-31 October 2001): Invites the Director-General of UNESCO to inform the World Heritage Committee, at its twenty-fifth session, on the chronology of events related to the nomination for inclusion on the World Heritage List of the statues of Bamiyan and other Afghan cultural heritage properties by the Government of the Islamic State of Afghanistan currently in exile; Invites the World Heritage Committee, at its twenty-fifth session, to consider: (a) (b) (c) ways and means by which the implementation of the World Heritage Convention can be reinforced, especially in relation to the other relevant UNESCO Conventions for the protection of cultural heritage; measures for enhancing the promotion of education, awareness-raising activities and communication concerning the irreplaceable value of the cultural heritage of humanity; improved mechanisms for promoting the scientific documentation of potential and existing world cultural heritage properties; Invites States Parties to inform the World Heritage Committee, at its twenty-fifth session, on any steps they have taken to encourage the Taliban forces to respect and protect all evidence of the cultural heritage of Afghanistan; Invites the Director-General of UNESCO to inform the World Heritage Committee at its twenty-fifth session on mechanisms to inform, when necessary, the Secretary-General of the United Nations of threats to global heritage so that the Security Council may have at its disposal information to enable it to decide on the possible use of sanctions to protect the cultural heritage of humanity. 5. The Director-General was further invited in 161 EX/Decision (III) to commission a study on the endangered heritage in the twenty-first century. In pursuance of this objective, discussions have been held with the International Council for Monuments and Sites (ICOMOS) concerning their publication Heritage at Risk, which was published for the first time in 2000, in order to consider whether this work already under way would respond to the

4 31 C/46 page 3 needs outlined. These discussions suggest that UNESCO should give support to the continued publication of this document. The first issue of this publication has led to further discussions between ICOMOS and its partners as to the best methods of obtaining reliable information for inclusion in this document. It is notable that the first edition included the Buddhas of Bamiyan as monuments at risk. ICOMOS, which is widely experienced in the protection of the tangible cultural heritage and is one of the technical advisers to the World Heritage Committee, is well placed to do this work, and is already very familiar with many sites because of its work evaluating nominations for the World Heritage Committee. 6. The Director-General has further studied the question of improving the legal protection of the cultural heritage against such acts of destruction and has come, at this stage, to the following preliminary conclusions: (a) (b) The best protection in the case of civil conflicts such as that taking place in Afghanistan is the participation of the State in which the conflict is taking place (and, where it affects neighbouring States, also of those States) in the 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict and its two Protocols. Accordingly, a special appeal will be made to all Member States to become Party to these instruments. UNESCO is already active in this regard, having held regional meetings in association with the International Committee of the Red Cross on humanitarian law in Tashkent (Uzbekistan) in 1995 for the Central Asian States, in Kathmandu (Nepal) in 1998 for States of the South Asian Region, and in June this year in Pretoria (South Africa) for 15 States of southern Africa. It will continue to work to get all Member States of UNESCO to participate in this important Convention, which is the only heritage convention of UNESCO putting obligations directly on nonrecognized governments as occupying forces. However, rules in international law authorizing prosecutions and punishment by any State of individual wrongdoers (as opposed to organized entities), wherever the offence may be committed and whatever the nationality of the wrongdoer, are restricted so far to extreme acts of unacceptable behaviour such as piracy, genocide and crimes against humanity. While the 1954 Hague Convention and especially the Second Protocol to that Convention (1999) do make some provision for such punishment, it is limited to situations of conflict. Other acts of destruction taking place in peacetime are not included. However, the Director-General has commissioned a study to look further into the possibilities in current international law to make better provision in these circumstances. (c) General principles of protection included in all UNESCO s existing heritage conventions clearly reject such destructive acts. At this stage and while considering what can be done to reinforce action under the existing conventions, in particular the 1972 Convention which will be the subject of close consideration by the World Heritage Committee, as desired by the Executive Board at its 161st session, the General Conference, if it wishes to reinforce such principles as a statement of position of all Member States and to indicate clearly its rejection of such acts, may wish to adopt a declaration. It would not be intended to create obligations for States, but would restate the fundamental principles of the existing legal instruments and reinforce certain aspects not covered by these instruments as follows, asserting that: (i) Damage to any cultural property belonging to any people whatsoever means damage to the cultural heritage of all humanity, since each people makes its

5 31 C/46 page 4 contribution to the culture of the world. This principle is inserted to emphasize the interests of future generations as well as the importance of cultural diversity. (ii) (iii) (iv) (v) (vi) Its preservation is a responsibility of all people and all nations and not solely of the culture of origin. This principle is intended to emphasize the importance of responsibility for heritage of foreign origin as much as for one s own, and the need for collaborative efforts. It reflects ideals embodied in the 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict and the 1972 Convention concerning the Protection of the World Cultural and Natural Heritage. Authorities which are in effective control of a territory, whether or not recognized by States of the international community, as well as individuals and institutions in control temporarily or in the longer term of important cultural sites and movable cultural property, are responsible for its protection. This principle makes clear the responsibility of non-state agencies and unrecognized authorities and is particularly appropriate to the case of the Taliban. States should be constantly vigilant to protect their cultural sites and their cultural heritage, and to punish those who seek to damage or destroy them. This principle stresses the need for long-term vigilance over local heritage and the duty to punish offenders. This is particularly important in the case of vandalism. States should do everything in their power to make their populations aware of the overwhelming importance of the cultural heritage to present, and future generations and of the inestimable damage caused by the actions of fanatics and vandals, so as to engender the strongest community rejection of destructive activities. This principle is intended to stimulate local education programmes so that populations would not accept, and would be themselves unlikely to join, a regime which preaches destruction. States should, where necessary, increase enforcement and protection activities to do everything in their power to counter activities that put the common heritage of humanity at risk. This principle is designed to encourage States to take stronger deterrent and punitive measures against offenders. (vii) Where any intentional action of destruction or damage to significant items of the cultural heritage of humanity has occurred, the international community of States should mobilize to prevent further damage, to rescue threatened heritage and to prevent any other such act. This principle is intended to reflect the solidarity of the international community on the Afghan destruction, and to provide an element on which the Director-General can call in any future crisis. 7. The General Conference may wish to adopt the following draft resolution: The General Conference, Thanking the Director-General for his report on his continued activity to protect threatened cultural heritage, Noting the discussion in the Bureau of the World Heritage Committee and its proposal for further action in this respect,

6 31 C/46 page 5 1. Calls on all Member States and all other States of the world which are not yet party to the Hague Convention for the Protection of Cultural Property in the event of Armed Conflict to join that Convention and its two Protocols of 1954 and 1999, as well as the 1970 UNESCO Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property, the 1995 UNIDROIT Convention on Stolen or Illicitly Exported Cultural Objects, and the 1972 UNESCO Convention on the World Cultural and Natural Heritage in order to maximize the protection of the cultural heritage of humanity, and in particular, against destructive acts; 2. Notes the fundamental principles included in these instruments to prevent the destruction of the cultural heritage; 3. Wishes to reiterate the principles set out in these conventions in relation to the protection of the cultural heritage to which all Member States of UNESCO are committed and to serve as principles for the guidance of governments, authorities, institutions, organizations, associations and individual citizens; and 4. Invites the Director-General to formulate, for the 32nd session of the General Conference, a Draft Declaration against the Intentional Destruction of Cultural Heritage based on those existing principles and on the debates on this item discussed at this 31st session of the General Conference.