Cairo, Egypt, 31 March-2 April The 1970 Convention: Present implementation and future challenges

Transcription

1 Cairo, Egypt, 31 March-2 April 2014 The 1970 Convention: Present implementation and future challenges

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3 INTRODUCTION Q1: Why is UNESCO so engaged in protecting cultural objects? By its Constitution (mandate for culture) Because of the cultural importance of the object itself Because of increased looting and dismantling of immovable cultural monuments, some being World Heritage Because of the loss of information caused by looting and trafficking (UNESCO s mandate for the advancement of knowledge)

4 INTRODUCTION Q2: What does UNESCO mean by cultural property? Objects with cultural significance for history, religion, science, etc. Artefacts, works of art, antiquities, etc. Movable objects: museum items, religious objects in religious places, in public or in private collections FUNERARY MASK Period: CIRCA 1600 BC Stolen in Aswan December 2013 Interpol N : 2014/

5 INTRODUCTION Q3: What are the current main risks encountered by cultural objects? Thefts, looting, illicit import and export, land grabbing, speculation on art market, etc. In particular in the event of armed conflicts (international or civil) and natural disasters (earthquake, tsunami ) Objects removed from under the ground (archaeological excavations): removed illegally from their original context or even from underwater Illicit excavations UNESCO

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7 The international response A corpus of International Conventions on illicit traffic in cultural objects Convention for the protection of Cultural Property in the Event of Armed Conflict 1954 (Hague Convention) States Parties: 126 First Protocol to the Convention for the protection of Cultural Property in the Event of Armed Conflict 1954 (Hague Convention) States Parties: 103 Second Protocol to the Convention for the protection of Cultural Property in the Event of Armed Conflict 1954 (Hague Convention) States Parties:67 UNESCO Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property 1970 States Parties: 125 Convention on Stolen or Illegally Exported Cultural Objects 1995 States Parties: 35 UNESCO Convention on the Protection of the Underwater Cultural Heritage 2001 States Parties: 45

8 The international response The protection of cultural heritage through the UNESCO Cultural Conventions

9 Ratifications

10 The 1970 Convention Ratifications As at March 2014 there are 125 States bound by the Convention Africa 24/46 States Arab States 15/19 States Europe & North Amer 43/52 States Latin America & Carabian 23/33 States Asia-Pacific 20/44 States

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12 The 1970 Convention 3 pillars

13 1. Preventive measures

14 The 1970 Convention Requests to States to adopt preventive measures Eductionn al campaigns Export certificates Laws for the protection of cultural property National inventories National services Rules for curators & dealers Promotion of museums Sanctions

15 Article 6 Export of cultural objects not accompanied by such an export certificate is prohibited States Parties undertake to introduce a system of export certificate

16 Rules for curators & dealers Article 7 (a) prevent museums and similar institutions from acquiring illegally exported cultural property originating from another State Party; Importance of the knowledge of foreign law Article 7 (a) prohibit the import of cultural property stolen from a museum or a religious or secular public monument or from similar institution in another State Party (provided that such property is in the inventory of that institution); Importance of inventories and information about thefts

17 Sanctions States Parties undertake to impose penalties or administrative sanctions when: Exportation without export certificate or Importation of cultural property from museums, religious or secular public monument or institution in another State Party (Article 8)

18 2. Restitution provisions

19 The 1970 Convention Contains restitution provisions Article 7 (b), (ii) States Parties undertake, at the request of the State of origin, to take appropriate steps to recover and return any such cultural property imported after the entry into force of the Convention in both States concerned, provided, however, that the requesting State shall pay just compensation to an innocent purchaser or to person who has a valid title to that property. Requests for recovery and return shall be made through diplomatic channels.

20 The 1970 Convention RESTITUTION 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 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 collection

21 Return or restitution of cultural property The Secretariat acts regularly as an informal facilitator when a UNESCO Member State is calling for the return or restitution of a cultural object. Intergovernmental Committee (ICPRCP) Set up in Members (Egypt is one of them mandate until 2015) For lost certain cultural objects of fundamental significance and who are calling for their restitution or return, in cases where international conventions cannot be applied 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 Mediation and Conciliation procedures +

22 UNESCO s historical mandate as facilitator for alternative resolutions in restitution cases How? In case of dispute concerning cultural property between UNESCO Member States, it happens regularly that one of the coutries involved asks for UNESCO s Secretariat (Headquarters or even through the field offices) goods offices and particularly calls upon its capacity to act as facilitator when the negotiations are particularly delicate. As an Intergovernmental UN Organization, UNESCO has a clear mandate to act with the governmental stakeholders.

23 Khmer statues returned to Cambodia The opening ceremony of the 37 th session of the WHC was marked by the moving return to Cambodia of two major art treasures of the 10 th century by the President of the New York MeT (USA). The statues, brought back to Cambodia were handed over to Prime Minister Samdech Techo Hun Sen, who stressed the central role of heritage preservation in national reconstruction and economic development. UNESCO/E.Esquivel, 2013 This restitution is an expression of strong ethical and moral behaviour that provides an example of good practice to other museums and collectors [ ] UNESCO is honoured to have contributed to this restitution, which is, I believe, a move towards greater respect and mutual understanding. ( ) UNESCO Director-General UNESCO/WHC, 2013

24 Successful bilateral restitutions through the implementation of the 1970 Convention (international level) How? The 1970 UNESCO Convention and the laws which are subsequent to its implementation at the national level are useful for the national authorities of State Parties which would like to return one or several cultural objects to another country.

25 Germany-Cyprus, July 2013 In July 2013 Germany returned some 170 frescoes, mosaics and icons to Cyprus. They had been stolen from churches in Cyprus and seized by German authorities in A Court in Munich had given the go-ahead for their return to Cyprus when it issued a final ruling on the question of their ownership Wall mosaic (6th c.) from the apse of the church of the Panagia Kanakaria, Lythrangomi van Hasz, Bavarian State Office of Criminal Investigation

26 USA-Zimbabwe, October 2013 Six African artifacts stolen from Zimbabwe s main art gallery in 2006 are back on display for the first time in the country since a recovery operation by U.S. law enforcement agents (FBI and CIA) in Poland. The artifacts included two tribal face masks and four intricately carved wooden headrests from the early 20th Century. Tsvangirayi Mukwazhi/AP

27 Successful bilateral restitutions through the implementation of the 1970 Convention (national level) How? Actions taken by States Parties to the 1970 Convention to implement its provisions are crucial for the efficient fight against illicit trafficking of cultural property as well as for the recovery of stolen objects inside the national borders. Among the most useful measures to be adopted: development of inventories (museums, cultural or religious monuments, etc.), creation of national specialized services such as police and customs (or specific training/awareness-raising workshops for general police units and customs officers), control of exportations, Obligation for art dealers to keep and maintain a register etc.

28 Example with Albania: role of the police In October 2013, the Albanian police seized more than 1,000 stolen icons and other religious works of art dating back to the 15th century, and arrested two men suspected of planning to sell them abroad. The icons, frescoes and other pieces of art were stolen from Orthodox churches in various towns across southern Albania and neighbouring Macedonia. AFP PHOTO / GENT SHKULLAKU

29 3. International cooperation

30 The 1970 Convention Encourages the international cooperation Article 9 any State to the Convention whose cultural patrimony is in jeopardy from pillage of archaeological or ethnological materials may call upon other States Parties who are affected; The State Parties are invited to participate in a concerted international effort to determine and to carry out the necessary concrete measures, including the control of exports and imports and international commerce in the specific material concerned Especially in case of Emergency situations (Afghanistan, Irak, Haiti, Libya, Syria and Mali)

31 Article 13 The Parties to the Convention are required to have their police forces and other competent authorities cooperate to ensure speedy return and restitution of trafficked items COOPERATION Sandstone of statue of gods Stolen on 18 September 2009 in a temple in Atru, Baran / Rajasthan, India Recovered in New 31 York, US in 2010 INTERPOL

32 The international cooperation framework The 1970 Convention Article 15 The 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 Bilateral/multilateral agreements, MoU, etc.

33 The international cooperation framework UNIDROIT INTERPOL OMD UNODC ICOM

34 Special case: The Mallawi Museum

35 UNESCO FO in Cairo The Mallawi Museum