MEASURES FOR PROTECTION OF CULTURAL OBJECTS AND THE ISSUE OF THEIR ILLICIT TRAFFICKING

Similar documents
SLOVAKIA. I. Information on the implementation of the UNESCO Convention of Ratification of the Convention

SUMMARY. This agenda item has no financial and administrative implications. Action expected of the Executive Board: proposed decision in paragraph 3.

COSTA RICA. I. Information on the implementation of the UNESCO Convention of 1970

REPUBLIC OF KOREA. I. Information on the implementation of the UNESCO Convention of 1970

MACEDONIA. I. Information on the implementation of the UNESCO Convention of 1970

I. Information on the implementation of the UNESCO Convention of 1970 (with reference to its provisions)

I. Information on the implementation of the UNESCO Convention of 1970 (with reference to its provisions)

The present Questionnaire is prepared in application of the aforementioned decision of the Subsidiary Committee.

UNESCO CONCEPT PAPER

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

UNITED NATIONS EDUCATIONAL, SCIENTIFIC AND CULTURAL ORGANIZATION CONVENTION FOR THE PROTECTION OF THE WORLD CULTURAL AND NATURAL HERITAGE

Economic and Social Council

Prevention and Fight Against Illicit Traffic of Cultural Goods in Southern Africa

BOSNIA AND HERZEGOVINA. I. Information on the implementation of the UNESCO Convention of 1970

GHANA MUSEUMS AND MONUMENTS BOARD. Ghana Museums and Monuments Board

Trainers and facilitators:

Resolution adopted by the General Assembly on 18 December [on the report of the Third Committee (A/69/489)]

The present Questionnaire is prepared in application of the aforementioned decision of the Subsidiary Committee.

united nations educational, scientific and cultural organization organisation des nations unies pour l'éducation, la science et la culture 19/12/2003

NATIONAL REPORT ON THE IMPLEMENTATION OF THE

Third Meeting Paris, UNESCO Headquarters, Room II May 2015

ICOM Code of. Ethics. for Museums

Original English Draft Operational Guidelines of the UNESCO 1970 Convention (Second draft, January 2014) Table of Contents

UNESCO Convention on the Means of Prohibiting and Preventing the Illicit Export and Transfer of Ownership of Cultural Property (1970)

NATIONAL REPORT ON THE IMPLEMENTATION OF THE

Red List of Cambodian Antiquities at Risk Fighting the illicit traffic of cultural property

TEXTS ADOPTED Provisional edition. Destruction of cultural sites perpetrated by ISIS/Da'esh

PROPOSAL FOR A NON-BINDING STANDARD-SETTING INSTRUMENT ON THE PROTECTION AND PROMOTION OF VARIOUS ASPECTS OF THE ROLE OF MUSEUMS AND COLLECTIONS

PROTECTING CULTURAL HERITAGE

22 November Contents

Conference of the Parties to the United Nations Convention against Transnational Organized Crime

INTER-AMERICAN JURIDICAL REPORT: CULTURAL HERITAGE ASSETS

Expert Committee on State Ownership of Cultural Heritage. Model Provisions on State Ownership of Undiscovered Cultural Objects

OUTLINE. Source: 28 C/Resolution 3.11 and Article 16 of the 1970 UNESCO Convention.

OUTLINE. Source: 177 EX/Decision 35 (I and II) and 187 EX/Decision 20 (III).

Hundred and sixty-seventh Session

Fourth Meeting Paris, UNESCO Headquarters, Room II May 2017

Cairo, Egypt, 31 March-2 April The 1970 Convention: Practical tools & awarenessraising

The present Questionnaire is prepared in application of the aforementioned decision of the Subsidiary Committee.

Fifth session Paris, UNESCO Headquarters, Room XI May Item 8 of the Provisional Agenda: Actions taken by UNESCO s Partners

EXPLANATORY MEMORANDUM. 1. General

Legal and Practical Measures Against Illicit Trafficking

Ill-gotten gains: how many museums have stolen objects in their collections?

NATIONAL REPORT ON THE IMPLEMENTATION OF THE

The present Questionnaire is prepared in application of the aforementioned decision of the Subsidiary Committee.

Emergency Safeguarding of the Syrian Cultural Heritage Project

POLITICS, LEVERAGE, AND BEAUTY: WHY THE COURTROOM IS NOT THE BEST OPTION FOR CULTURAL PROPERTY DISPUTES

א*()'&א$#"! א& 0(1 /(א.-,+*()א&%$#"! 2+234

Case Pre-Columbian Archaeological Objects United States v. McClain

We can support the Commission text. We can support the Commission text

29. Model treaty for the prevention of crimes that infringe on the cultural heritage of peoples in the form of movable property* 1

UNODC/CCPCJ/EG.1/2014/3

Conference of the Parties to the United Nations Convention against Transnational Organized Crime

COLLECTING CULTURAL MATERIAL. Ministry for the Arts. Ministry for the Arts AUSTRALIAN BEST PRACTICE GUIDE TO. Attorney-General s Department

Development of the UNESCO Database of National Cultural Heritage Laws Phase III. Project proposal

The Fight Against Illicit Trafficking of Cultural Property: The 1970 UNESCO Convention and the 1995 UNIDROIT Convention

UNESCO Heritage Conventions

Key aspects of the new Act on the Protection of Cultural Property in Germany

Implementation of the 1970 UNESCO Convention in Europe. Background paper 1. Marie Cornu 2. for the participants in the

REPORT OF THE SECRETARIAT ON ITS ACTIVITIES

SECRETARIAT S REPORT ON ITS ACTIVITIES (OCTOBER MAY 2017)

Ac t on the Protection of Cultural Property

Red List of Cambodian Antiquities at Risk Fighting the illicit traffic of cultural property

General Archive of the Nation of Mexico

REGULATIONS REGARDING THE CULTURAL HERITAGE PROTECTION IN COLOMBIA

EU's response to illicit trade in cultural goods

CRIME AGAINST CULTURAL PROPERTY: FINDING SOLUTIONS

PANEL 18 ILLEGALLY TRADED CULTURAL ARTIFACTS: WILL THE MUSEUMS SHOWING ANCIENT ARTIFACTS BE EMPTY SOON? Malcolm (Max) Howlett, Sciaroni & Associates.

"The Fight against the Illicit Traffic of Cultural Property: The 1970 Convention: Past and Future" UNESCO, Paris, March 2011

FORTY SIXTH PLENARY SESSION OF THE PABSEC GENERAL ASSEMBLY CULTURAL, EDUCATIONAL AND SOCIAL AFFAIRS COMMITTEE REPORT

Third Meeting Paris, UNESCO Headquarters, Room II May 2015

What benefits can States derive from ratifying the UNESCO Convention on the Protection of the Underwater Cultural Heritage (2001)?

Illegal movement and transfer of large amounts of cultural objects from the place of origin to a foreign abode

CONVENTION ON THE PROTECTION OF THE ARCHEOLOGICAL, HISTORICAL, AND ARTISTIC HERITAGE OF THE AMERICAN NATIONS

GUIDELINES CONCERNING THE UNLAWFUL APPROPRIATION OF OBJECTS DURING THE NAZI ERA Approved, November 1999, Amended, April 2001, AAM Board of Directors

TRAFFICKING IN CULTURAL PROPERTY

European experts group on mobility of collections Sub-working group on the Prevention of thefts and Illicit trafficking of cultural goods

EU response to the illicit trade in cultural goods

HERITAGE. HERITAGE SUSTAINABILITY Index of development of a multidimensional framework for heritage sustainability

CJI/RES. 233 (XCI-O/17) CULTURAL HERITAGE THE INTER-AMERICAN JURIDICAL COMMITTEE,

1267/1989/2253 ISIL (Da esh) & Al-Qaida Sanctions Committee - Monitoring Team

Federal Act on the International Transfer of Cultural Property

ILLICIT TRADE IN CULTURAL ARTEFACTS: STRONGER TOGETHER?

UNESCO 2017 All rights reserved

Case: 3:12-cv JGC Doc #: 1 Filed: 06/20/12 1 of 10. PageID #: 1

The 1995 UNIDROIT Convention

WHC-12/36.COM/INF.5A.1

Archaeologists and criminologists are looking at ways to combat the illicit trade in antiquities.

International Aspects of Cultural Property. An Overview of Basic Instruments and Issues

CONSIDERING. That the unique and distinctive character of the cultural and natural heritage of the respective Parties must be protected and preserved;

CLT-2009/CONF.212/COM.15/7 Paris, 13 May 2007 Original: Spanish Distribution: limited

Committee on International Trade Committee on the Internal Market and Consumer Protection

Fifth session UNESCO Headquarters, room XI May Point 4B of the provisional agenda: Secretariat s report on its activities

Operation Pandora shows that Europe is NOT a haven for cultural property looted from war zones

Import and Export of Cultural Objects

13647/1/15 REV 1 MM/lv 1 DG E - 1C

CONVENTION ON THE PROTECTION OF THE UNDERWATER CULTURAL HERITAGE

The Possibility of a Swedish Market for Antiquities Looted From Conflict and War Zones: A Risk Analysis

Native American Graves Protection and. Repatriation Act

1. Regulations on the return of stolen and unlawfully exported cultural objects.

Transcription:

Committee: UNESCO MEASURES FOR PROTECTION OF CULTURAL OBJECTS AND THE ISSUE OF THEIR ILLICIT TRAFFICKING I. INTRODUCTION OF THE TOPIC Protection of cultural objects in the world is an increasingly important international and national issue especially with regard to illicit trafficking. Illicit trafficking includes illegally obtaining goods through robberies or excavations including illegal purloining during wartime, selling or trading these illegally taken goods or illegally created and sold replicas of original objects. These objects can be removed from land and water and therefore, can make the issue of regulating legal sale and prohibiting the illegal sale more difficult. In addition, in some cases, the opening of borders makes it easier for cultural objects to be smuggled across which calls for the need to be controlled in an effective manner. The protection of cultural objects is pertinent to maintaining the culture of a society. Illegally taking an object from the civilization lessens the value, diminishing their societies identity and history. If this continues, the background of many cultures will be slowly diminished because of poor conditions during transport and displaced artifacts. The theft, pillage and illicit trade in artifacts are the outright negation of the peoples. They reduce the history to the level of merchandise. They are seriously detrimental, and often irreversibly so, to the collective memory, social cohesion and mutual enrichment. Also, replicas of genuine pieces contribute to dwindling authenticity of historical events and records that makes our world so diverse. The protection of cultural objects also includes ensuring that no harm comes to them from fire or the environment that they are kept in. For example, in a museum with art and artifacts, camera and fire security systems are in place to ensure preservation especially in case of an incident. The recovery of trafficked objects is vital to maintaining the culture. Many times these objects are found by customs at borders between countries. Retrieval of objects from trafficking is a substantial way to retain traditions. However,... because so many museums in the US act of their own accord of return objects, there s no sense of how many total objects have been returned so far.

II. BACKGROUND There have been a few cases of successes of objects being returned to their culture. In 2007, there were fifteen stolen pieces of jewelry returned to Romania s culture. They were trafficked and found in the United States, France, and Germany. The people involved with the trafficking were put in prison. Similarly, in 2010, 350 coins, human figurines, and jewelry were returned to Bulgaria. These items were trafficked and found in the Canadian borders. Percentage Under-reporting of Exports of Cultural Objects to the US and Exporters Corruption Level, 2000 The items that have been trafficked can be found in any country, making the recovery process of these objects difficult and international collaboration necessary as well as the support of museums and other institutions to not buy items that without documentation of where they are from. 85-90 percent of artifacts on the market do not have documented provenance. Also, UNESCO has created a database called UNESCO Database of National Cultural Heritage Laws...compiling on the Internet the laws for the protection of the cultural heritage promulgated by UNESCO s Member States INTERPOL is also utilized for the arrest and recovery of objects.

III. RELEVANT INTERNATIONAL AGREEMENTS, CONVENTIONS, ORGANIZATIONS AND RESOLUTIONS 1954: The Hague Convention for the Protection of Cultural Properties in the Event of Armed Conflict- UNESCO has developed specific instruments of international law in order to protect cultural heritage. 1956: INTERPOL- Aims for countries police forces to work together to solve crime on a large scale more efficiently. 1970: UNESCO Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property- This convention talks about laws in relation to stopping not only the trafficking of goods but also the stealing of these goods. 1972: World Heritage Convention- This convention assists with the way people and nature interact, with a goal of security for both the people and nature. 1978: Intergovernmental Committee for Promoting the Return of Cultural Property to its Countries of Origin or its Restitution in case of Illicit Appropriation- This committee advertises anti-trafficking research, helps with countries that are victims of illegal trafficking, and wants to help negotiations. 1995: Convention on Stolen or illegally Exported Cultural Objects- This convention was made to be in harmony with the UNESCO convention in 1970. It works toward putting an end to the crime of exported cultural objects. This convention can also be called the UNIDROIT (International Institute for the Unification of Private Law) Convention. 2001: Protection of Under Water UNESCO Convention- This convention investigates underwater cultural artifacts while making principles for their protection. Parts of these principles include the fact that exploitation of the objects is illegal. The main goal is to preserve the objects found. 2003: Database of National Cultural heritage Laws- This is a resource stating where an object came from. This resource also states laws. It is available for people to use in order to ensure what they are buying is legal and within the laws set forth. United Nations Educational, Scientific and Cultural Organization (UNESCO): This is not a law; it is an organization that promotes education regarding different cultures and the importance of preserving it. UNESCO International Code of Ethics for Dealers in Cultural Property: This is not a law, but UNESCO hopes for countries to follow it by expressing anti-trafficking opinions.

International Council of Museums (ICOM): The ICOM is the largest council of museums, consisting of 2200 worldwide associates. It aims to preserve the artwork in museums, also the investigation. IV. MAIN ISSUES Border Control Illegally trafficked goods are transported across borders often and can be an issue especially with the difficulty of finding criminals and open borders. In addition to this, bad security can be a factor. The identification and education to the security workers of the objects is very important. It is difficult to distinguish a stolen or personal item. Regulation of Trafficking There is a UNESCO database with laws outlining what is not acceptable in terms of preservation of goods. There are logs of artifacts and police collaboration. However, they re a lack of awareness on what items are being sold illegally. Museums and other organizations may buy these illegally trafficked items without knowledge of their origins, or may know but ignore the fact that they are being trafficked to them. Also, items may be replicas. The lack of regulation in terms of making sure that all items being sold as well as being bought are genuine and done in a legal manner is detrimental to ensuring that cultural objects are protected and no longer trafficked. Protection of areas where cultural objects are being uncovered Areas of exhumation can be on land or in the water. These sites may be pilfered for goods to be sold especially since these objects have not yet been archived. The protection of major sites such as those in the water can be hard to protect from plunderers. In addition to this, the environment can damage objects and areas where cultural objects as well as cultural monuments are. Damage to archaeological heritage is almost certain when excavated cultural features are left exposed without any management plan or resources for their protection, conservation, or management. Decisions on punishment of criminals When a trafficked good is found, it is difficult to make a decision on the punishment because there are different laws in different countries. The different laws in one country may go against laws in another. How is it determined who will punish a criminal? Will the country who discovered the stolen object or will the country who got the object stolen from?

https://www.icrc.org/eng/resources/documents/misc/57jq39.htm http://cites.org/eng/news/world/19/5.php Mongolia_Brochure.pdf V. REFERENCES AND ADDITIONAL RESOURCES! http://www.unesco.org/new/en/culture/themes/armed-conflict-and-heritage/the-hagueconvention/ http://www.unesco.org/new/en/culture/themes/illicit-trafficking-of-cultural-property/1970- convention/ http://www.cfmunesco.it/static/media/uploads/research_report_- _question_of_illicit_trafficking_of_cultural_heritage.pdf http://www.unesco.org/new/fileadmin/multimedia/hq/clt/pdf/monaco- http://www.unesco.org/new/en/culture/themes/illicit-trafficking-of-culturalproperty/awareness-raising-initiatives/ http://unesdoc.unesco.org/images/0022/002255/225521e.pdf http://icom.museum/programmes/fighting-illicit-traffic/ https://www.youtube.com/watch?v=v0k5mqzvtzc http://www.interpol.int/crime-areas/works-of-art/works-of-art http://www.unesco.org/culture/natlaws/ http://www.theverge.com/2013/5/13/4326306/museum-artifacts-looted-repatriation http://www.interpol.int/about-interpol/overview http://www.interpol.int/about-interpol/priorities

_question_of_illicit_trafficking_of_cultural_heritage.pdf http://www.international.icomos.org/risk/2001/icahm2001.htm convention/ http://www.icom-cc.org/home/#.vlp0qlq9ob0 http://www.interpol.int/about-interpol/history http://www.unesco.org/new/en/culture/about-us/ URL_ID=13637&URL_DO=DO_TOPIC&URL_SECTION=201.html http://www.cfmunesco.it/static/media/uploads/research_report_- http://www.unesco.org/new/en/culture/themes/underwater-cultural-heritage/2001- http://portal.unesco.org/en/ev.php- http://portal.unesco.org/culture/en/ev.php- URL_ID=35283&URL_DO=DO_TOPIC&URL_SECTION=201.html http://www.unesco.org/archives/sio/eng/presentation_print.php?idorg=1034 https://www0.gsb.columbia.edu/faculty/rfisman/papers/artsmuggling.pdf!