FORMAT FOR NATIONAL REPORTS Four-year cycle 2013-2016 National report on the implementation of the Hague Convention of 1954 and its two Protocols (1954 and 1999) This form must be submitted electronically. Should your country not be in a position to do so, please return the form to the Secretariat through the Permanent Delegation to UNESCO Region: [Drop-down list] High Contracting Party: Canada I. Hague Convention of 1954 1. Article 3 - Safeguarding of cultural property This article sets out the obligation for High Contracting Parties to adopt in time of peace the appropriate safeguarding measures against the foreseeable effects of an armed conflict. Have you adopted such measures? YES:
In Canada, preparatory measures undertaken in peacetime for the safeguarding of cultural property in the event of armed conflict exist within a larger framework of emergency/disaster preparedness. Such efforts take place both within the heritage community, and through the inclusion of certain cultural property within national disaster preparedness efforts that are not directed exclusively at heritage. The Canadian Conservation Institute (CCI), an agency of the Department of Canadian Heritage, is the tool through which the Government of Canada helps build emergency preparedness capacity within Canada s heritage community. It is also a resource available to assist with emergency response efforts in Canada when heritage is threatened or impacted by emergencies. The Institute undertakes pro-active efforts in emergency preparedness by delivering training to individuals and institutions within Canada s heritage community. Workshops and instructional materials address the development of response plans, risk assessment and reduction, and skill development for collections salvage and emergency response decision making. CCI is also involved in emergency and disaster response, primarily through advisory services and occasionally, when warranted, through direct on-site involvement by conservation staff or through the treatment of damaged artifacts. Within the Government of Canada, a Memorandum of Understanding has been established among a number of federal heritage agencies and institutions, including CCI, Canada s national museums, Library and Archives Canada, the Parks Canada Agency, and the National Capital Commission. This collaborative mechanism has among its functions the development, implementation and testing of contingencies for protecting cultural property (movable and immovable) for which these federal institutions and agencies are responsible. This agreement facilitates the cooperation in sharing facilities, equipment and expertise in the event of an emergency that threatens the cultural heritage held by these organizations. From a wider perspective, certain cultural property (cultural institutions, national sites and monuments) considered to be key national symbols fall under the broad heading of critical infrastructure with respect to emergency management and national security. In Canada, critical infrastructure resilience is a shared responsibility that involves the cooperation of all levels of government (federal, provincial/territorial, municipal) and the private sector. Under the National Strategy and Action Plan for Critical Infrastructure, all levels of government, first responders and private sector partners are working together to address threats facing Canada s critical infrastructure, as well as improving collective readiness to swiftly respond and recover when disruptions occur. Since the launch of this Strategy in 2010, Canada has made concrete progress to strengthen the resilience of critical infrastructure, including building public-private sector partnerships, delivering site assessments and risk management guides, and conducting exercises. Maximum number of words: 1,000. 2. Article 7 - Military measures This article sets out the obligations of High Contracting Parties to introduce into their military regulations or instructions such provisions as may ensure observance of the Convention, as well as the preparation or establishment, within their armed forces, of services or specialist personnel whose purpose will be to secure respect for cultural property and to co-operate with the civilian authorities responsible for safeguarding it. These obligations must be implemented in time of peace.
Have you introduced into your military regulations or instructions such provisions as may ensure observance of the Convention? YES: Maximum number of words: 500. You may refer to Internet links or attach relevant documents (English and/or French). The Canadian Forces Military Law Centre (CFMLC) is the military legal education and training delivery organization for the Canadian Armed Forces (CAF). The CFMLC executes a CF wide mandate to provide legal education and training materials and services to military members in order to assist them in preparing to meet the challenges associated with current and future operations. Established as a Directorate of the Canadian Defence Academy (CDA), the CFMLC is a joint effort of the CDA and the Office of the Judge Advocate General (Office of the JAG) to provide innovative legal research, education and training to the CAF. Legal education and training delivery at CFMLC is aimed at enhancing discipline across the CAF and at ensuring that the CAF is capable of carrying out its current and future missions in accordance with all applicable domestic and international laws. Basic training for all Canadian military personnel includes instruction concerning respect for cultural property, and additional education on the Law of Armed Conflict (LOAC) (including that concerning cultural property) is offered across the country four to seven times annually to senior non-commissioned members and commissioned officers. Instruction in LOAC (including the Hague instruments) is also delivered to all officers enroling in the CF through the Canadian Armed Forces Junior Officer Development Program and must be completed in the individual officer s first three years of service. The CF also details its obligations in relation to cultural property in armed conflict in CF published doctrine, specifically in the joint doctrine manual, Law of Armed Conflict at the Operational and Tactical Level. In addition to this general training, all mission-specific pre-deployment training for Canadian military personnel includes information about the country in question at this point specific information about sites (particularly those designated for enhanced protection under the Second Protocol) could be provided as part of this training. The Code of Conduct for CAF Personnel details obligations related to the protection of cultural property and places of worship, and instruction on the Code of Conduct is provided in pre-deployment training. Have you established within your armed forces, services whose purpose will be to secure respect for cultural property? YES:
Maximum number of words: 500. Within the CAF, the Operational Law Division of the Office of the Judge Advocate General is responsible for providing legal support to the CAF and the Department of National Defence in relation to operational law. The legal officers in the Operations Law Division advise the CAF chain of command at the tactical, operational and strategic levels on the application of international and domestic law to CAF activities, including the law relating to the protection of cultural property and the necessity to ensure its respect. In addition, when elements of the CAF deploy on operations, legal officers deploy with those elements to provide dedicated legal support to commanders and staff on the ground. 3. Use of the distinctive emblem to indicate cultural property (Chapter V) The Hague Convention of 1954 created a distinctive emblem for the exclusive marking of cultural property with the aim of ensuring its recognition, particularly in the event of armed conflict. The marking of cultural property constitutes one of the preparatory measures that may be taken in time of peace. Have you indicated cultural property through the use of the distinctive emblem of the Convention? NO: difficulties encountered, and give information on the means recommended by your authorities to ensure the visibility of the distinctive emblem while preserving the aesthetics of the cultural property. Maximum number of words: 500. You may attach any photos you may have. Canada is not currently making use of the emblem to indicate cultural property. 4. Article 25 Dissemination of the Convention The regulations relating to the protection of cultural property in time of war must be incorporated into programmes for military, and where possible, civil training. The aim is to ensure that the principles of the Convention are made known to the whole population, and especially the armed forces and personnel engaged in the protection of cultural property. Have you disseminated the provisions of the Convention within the armed forces as well as among target groups and the general public? YES:
Maximum number of words: 1,000. Basic training for all Canadian military personnel includes instruction concerning respect for cultural property, and additional education on the Law of Armed Conflict (including that concerning cultural property) is offered across the country four to seven times annually to senior non-commissioned members and commissioned officers. Instruction in international humanitarian law (including the Hague instruments) is also mandatory for all students in officer training at Canada s Royal Military College in Kingston, Ontario. In addition to this general training, all mission-specific pre-deployment training for Canadian military personnel includes information about the country in question at this point specific information about sites (particularly those that will be designated in the future for enhanced protection under the Second Protocol) could be provided as part of this training. The Code of Conduct for CAF Personnel details obligations related to the protection of cultural property and places of worship and instruction on the Code of Conduct is provided in pre-deployment training. Beyond those efforts directed specifically at military personnel, the general public are made aware of their obligations to respect cultural property abroad, and penalties provided for under Canadian law for acts against cultural property, in the publication Bon Voyage, But published by Global Affairs Canada (GAC). At present, 3.5 million copies of the booklet are produced each year and provided with each new Canadian passport, as well as being available electronically to Canadians travelling internationally on the Department s website and through a wide range of public awareness-raising activities conducted by GAC. Because the new offences created in Canada s Criminal Code to implement Article 15(1)(e) of the Second Protocol are not limited to acts committed in other States Parties, or only to those acts that take place during armed conflict, the information contained in Bon Voyage, But. does not specifically mention the Hague instruments. The public is informed that it is a criminal offence to import cultural property into Canada that has been illegally exported from a foreign state on the Department of Canadian Heritage website. A link to the 1954 Hague Convention can also be found on the website. Within this framework, what awareness-raising activities have you organized, and what awareness-raising activities do you plan to organize in the future? Please indicate the target groups for each activity. Maximum number of words: 1,000. You may refer to Internet links or attach relevant documents (English and/or French). Canada will continue to pursue the suite of activities noted in the answer to Article 25 Dissemination of the Convention. 5. Article 26 (1) Official translations
The Secretariat has received a certain number of official translations of the Convention and of the Regulations for its execution. For reference, please consult: Language versions of the Hague Convention and its 1954 Protocol Does your country have its national translation(s) there? NO: If no, you are encouraged to submit an electronic copy of your national translation(s) to the Secretariat. Translation is unnecessary as the Convention and Protocols already exist in both of Canada s official languages, French and English. 6. Article 28 Sanctions This article sets out the obligations of High Contracting Parties to take, within the framework of their ordinary criminal jurisdiction, all necessary steps to prosecute and impose penal or disciplinary sanctions upon those persons, of whatever nationality, who commit or order to be committed a breach of the Convention. Have you established as criminal offences under your domestic law conduct contrary to the obligations set out by the Convention? YES: Maximum number of words: 1,000. If yes, the Secretariat is pleased to ask for a copy of the relevant provision(s) in French or English (see Section V Miscellaneous questions). The relevant statutes: The National Defence Act; The Crimes Against Humanity and War Crimes Act; The Criminal Code; and The Cultural Property Export and Import Act. The first two statutes contain sanctions related generally to war crimes or the law of armed conflict (i.e., without specifically naming the 1954 Hague Convention or Protocols), and the latter two contain sanctions related to specific provisions of the Convention and/or its two Protocols.
II. Resolution II of the Conference of 1954 Have you established a National Advisory Committee in accordance with the hope expressed by the Conference in its Resolution II? NO: please specify if this Committee is part of the National Commission on the Implementation of International Humanitarian Law? Maximum number of words: 500. III. 1954 First Protocol [To be completed by the High Contracting Parties to the 1954 Protocol only] The main objective of the 1954 Protocol is the protection of cultural property in occupied territory. As such, it organizes, among others, a system of: taking into custody; return of illegally exported cultural property; and finally indemnity to the holders in good faith. Have you adopted measures to implement the 1954 First Protocol? In particular, have you adopted national legislation providing for the custody of cultural property imported either directly or indirectly from any occupied territory? YES: Maximum number of words: 1,000. Section 37 of The Cultural Property Export and Import Act provides for the elements of the First Protocol noted above. Have you taken into custody cultural property imported into your territory from an occupied territory? NO: the Secretariat is interested in any examples of practical application between High Contracting Parties.
Maximum number of words: 1,000.
IV. 1999 Second Protocol [To be completed by the High Contracting Parties to the 1999 Protocol only] The 1999 Second Protocol complements the Hague Convention of 1954 in many aspects. If this information has already been presented within the framework of the questions regarding the Hague Convention of 1954, you may refer to it directly. 1. General provisions (Chapter 2) Article 5 - Safeguarding of cultural property Article 5 of the Second Protocol complements Article 3 of the Hague Convention by providing concrete examples of peacetime preparatory measures, such as the preparations of inventories of cultural property or the designation of competent authorities responsible for the safeguarding of cultural property. Have you adopted such measures? YES: If your responses entirely overlap with those regarding the implementation of Article 3 of the Hague Convention of 1954, you may refer to them. Likewise, if this information is available in a previously submitted report, you may refer to it. Maximum number of words: 1,000. See the response to question #1 in the first section of this report. Canada s safeguarding measures are general in nature and do not distinguish between those undertaken in relation to the Convention and those undertaken in relation to the 1999 Protocol. It should also be noted that Canada has a robust methodology on targeting of infrastructure through its Rules of Engagement (ROE) during military actions with regard to cultural and other significant property. Every precaution is taken to ensure selected targets meet very specific and critical criteria. Article 9 - Protection of cultural property in occupied territory Article 9 of the Second Protocol complements the provisions in Article 5 of the Hague Convention by imposing a number of prohibitive measures on the Occupying Power. Paragraph 102 of the Guidelines for the Implementation of the Second Protocol requests Parties that are an Occupying Power to provide information in their national reports on the way in which the provisions regarding the protection of cultural property in occupied territory are observed. Do you ensure compliance with the provisions regarding the protection of cultural heritage under military occupation?
Maximum number of words: 1,000. Not applicable. 2. Enhanced protection (Chapter 3) The Second Protocol establishes an enhanced protection regime. Enhanced protection is granted by the Committee for the Protection of Cultural Property in the Event of Armed Conflict (composed of 12 Parties). Paragraph 102 of the Guidelines for the Implementation of the Second Protocol requests that Parties express their intention to request the inscription of cultural property on the List of Cultural Property under Enhanced Protection. Do you intend to request the granting of enhanced protection for cultural property in the next four years or, where applicable, do you have a national tentative list within the framework of Article11 (1) of the Second Protocol? Please explain your response, providing detailed information where possible. If yes, please also indicate the name of the cultural property(ies) concerned, along with a brief description. Maximum number of words: 500. It is possible that at some future time Canada could make such a request, but at present has no immediate plans to do so. MONITORING OF CULTURAL PROPERTY UNDER ENHANCED PROTECTION [If certain cultural property(ies) in your State benefit from enhanced protection, please also complete this section of the questionnaire]. The benefit of enhanced protection implies continued compliance with the conditions set out in Article 10 of the Second Protocol. Is there a specific mechanism in place to monitor cultural property under enhanced protection? As an example, are the measures adopted to ensure the highest level of protection periodically reviewed so as to ensure they are fully effective in all circumstances? NO:
Maximum number of words: 3,000. In the event that Canada considers requesting the granting of enhanced protection for cultural property, such a mechanism would also be established. Pursuant to paragraph 102 of the Guidelines, the Parties must inform on the use of the distinctive emblem for cultural property under enhanced protection. Have you used the new distinctive emblem adopted by the 2015 Meeting of Parties to mark cultural property under enhanced protection? difficulties encountered, and give information on the means recommended by your authorities to ensure the visibility of the distinctive emblem while preserving the aesthetics of the cultural property. Maximum number of words: 500. You may attach any photos you may have. Not applicable. Pursuant to paragraph 65 of the Guidelines for the Implementation of the 1999 Second Protocol, the Parties must notify the Committee of any change affecting the cultural property concerned to meet the criteria set out in Article 10 of the Second Protocol. Does the Committee need to be notified of a change regarding cultural property in your territory benefiting from enhanced protection? Please indicate, where appropriate, any change affecting cultural property under enhanced protection. In particular, please indicate its use at the time of submission of this report. Maximum number of words: 750. Not applicable. 3. Criminal responsibility and jurisdiction (Chapter 4) Article 15 Serious violations of the Second Protocol
Article 15 requires the Parties to establish as criminal offences under its domestic law a series of behaviours constituting serious violations of the Second Protocol, by punishing them by appropriate penalties. What measures have been taken to ensure the implementation of this obligation? Maximum number of words: 1,500. If possible, the Secretariat requests a copy of the relevant provision(s) in French or English (see Section V Miscellaneous questions). Canada implements Article 15 under three statutes. When the acts in question are deemed by the courts to be grievous enough to be considered war crimes under Canada s Crimes Against Humanity and War Crimes Act (CAHWCA), they could be prosecuted under that statute. In the unlikely event of acts committed by members of the CF or those who are subject to the Code of Service Discipline, prosecution could also take place in accordance with the National Defence Act under the military justice system. Both the Crimes Against Humanity and War Crimes Act and the National Defence Act establish jurisdiction over offences committed within and outside Canada. Canada s Criminal Code has been amended to allow prosecution of (and establishes extraterritorial jurisdiction over) certain types of acts committed against cultural property where the resulting damage might not be grievous enough in every instance to fall under the CAHWCA. The Code does not restrict such provisions to offences committed only in other States Parties or only in times of armed conflict or occupation. It covers offences committed anywhere in the world, at any time, with the only requirements being that the cultural property that is the subject of the offence meet the definition contained in Article 1 of the Convention, and that the person committing the offence is a Canadian citizen, or is not a citizen of any state and ordinarily resides in Canada, or is a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act and is, after the commission of the act or omission, present in Canada. Conspiracies, attempts and other forms of criminal liability to commit these offences are also covered. Article 21 is implemented by s.36.1(2) of the Cultural Property Export and Import Act, which states that No person shall knowingly export or otherwise remove cultural property as defined in subparagraph (a) of Article 1 of the Convention from an occupied territory of a State Party to the Second Protocol, unless the export or removal conforms with the applicable laws of that territory or is necessary for the property s protection or preservation. Section 36.1(3) establishes extraterritorial jurisdiction over such acts when the person committing the offence is a Canadian citizen, or is not a citizen of any state and ordinarily resides in Canada, or is a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act and is, after the commission of the act or omission, present in Canada.
Article 16 Jurisdiction Article 16 requires the Parties to establish the jurisdiction of their courts over serious violations of the 1999 Second Protocol. What measures have been taken to confer jurisdiction on your courts over serious violations of the Second Protocol? Maximum number of words: 1,500. If possible, the Secretariat requests a copy of the relevant provision(s) in French or English (see Section V Miscellaneous questions). See answer Article 15 Serious violations of the Second Protocol Article 21 Measures regarding other violations The Second Protocol also requires the Parties to adopt legislative, administrative or disciplinary measures to prevent the occurrence of behaviours that adversely affect the integrity of cultural heritage. Have you adopted such measures? YES: Maximum number of words: 1,000. If yes, the Secretariat requests a copy of the relevant provision(s) in French or English (see Section V Miscellaneous questions). Article 21 is implemented by s.36.1(2) of the Cultural Property Export and Import Act, which states that No person shall knowingly export or otherwise remove cultural property as defined in subparagraph (a) of Article 1 of the Convention from an occupied territory of a State Party to the Second Protocol, unless the export or removal conforms with the applicable laws of that territory or is necessary for the property s protection or preservation. Section 36.1(3) establishes extraterritorial jurisdiction over such acts when the person committing the offence is a Canadian citizen, or is not a citizen of any state and ordinarily resides in Canada, or is a permanent resident within the meaning of subsection 2(1) of the
Immigration and Refugee Protection Act and is, after the commission of the act or omission, present in Canada. 4. Dissemination of information and international assistance Article 30 Dissemination Article 30 complements Articles 7 and 25 of the Hague Convention of 1954. In this regard, it requests the Parties to, among other things, strengthen appreciation and respect for cultural property by their entire population, ensure the dissemination of the Protocol, and incorporate guidelines and instructions on the protection of cultural property in their military regulations. Have you disseminated the provisions of the 1999 Second Protocol within the armed forces as well as among target groups and the general public? YES: Maximum number of words: 1,000. See answer for Article 25 Dissemination of the Convention Within this framework, what awareness-raising activities have you organized, and what awareness-raising activities do you plan to organize in the future? Please indicate the target groups for each activity. Maximum number of words: 1,000. You may refer to Internet links or attach relevant documents (English and/or French). If the responses entirely overlap with those regarding the implementation of Articles 7 and 25 of the Hague Convention of 1954, you may refer to the previous responses. Likewise, if this information is available in a previously submitted report, you may refer to it. Canada will continue with the activities described in Article 25 Dissemination of the Convention. Articles 32 International assistance Pursuant to paragraph 102 of the Guidelines for the Implementation of the Second Protocol, the Parties are invited to present their activities at bi- or multilateral level, within the framework of technical assistance in order to share their experiences or best practices.
Have you shared, particularly via the Secretariat of UNESCO, your experiences in the implementation and best practices? YES: Maximum number of words: 1,000. Canada has, at the request of certain states considering joining the Second Protocol, shared details of its policy and legislative approach to implementation. 5. Official translation of the 1999 Second Protocol to the Hague Convention of 1954 Pursuant to Article 37 of the Second Protocol, the Parties shall translate this standard-setting instrument into their official languages and shall communicate these official translations to the Director-General. To date, the Secretariat has received a certain number of official translations of the Second Protocol. For reference, please consult: Language versions of the 1999 Second Protocol Does your country have its national translation(s) there? NO: If no, you are encouraged to submit an electronic copy of your national translation(s) to the Secretariat. Translation is unnecessary as the Convention and Protocols already exist in both of Canada s official languages, French and English.
V. Miscellaneous questions regarding the Hague Convention of 1954 and its two Protocols 1. National focal point According to paragraph 103 of the Guidelines for the Implementation of the Second Protocol: "Unless a Party requests otherwise, the presumed focal point would be its Permanent Delegation to UNESCO". If you do not wish to consider the Permanent Delegation as the focal point, please provide the Secretariat with the name and address of a national focal point that will receive all official documents and correspondence relating to the implementation of the Second Protocol. Institution: Department of Canadian Heritage Name: Patricia Kell Address: 25 Eddy Street (25-9-O) Gatineau, Quebec K1A 0M5 CANADA Email: patricia.kell@canada.ca Tel.: 1-613-998-3721 extension 115 Fax: 1-819-997-8392 2. National practice regarding the implementation of the Hague Convention and its Two Protocols The Secretariat would be grateful if you would provide it with a copy of the following documents in French and/or English: the relevant administrative civil and military regulations: PDF Document Website the national laws on the protection of cultural property, as well as the criminal provisions made within the framework of the implementation of Article 28 of the Hague Convention and Articles 15, 16 and 21 of the Second Protocol, and any caselaw on the protection of cultural property in the event of armed conflict. PDF Document Website National Defence Act: http://laws-lois.justice.gc.ca/eng/acts/n-5/ Crimes Against Humanity and War Crimes Act: http://lawslois.justice.gc.ca/eng/acts/c-45.9/page-1.html Criminal Code: http://laws-lois.justice.gc.ca/eng/acts/c-46/fulltext.html Cultural Property Export and Import Act: http://laws-lois.justice.gc.ca/eng/acts/c-51/ Documents regarding awareness-raising activities (seminar schedule, brochures, etc.), as well as any other relevant documents (legislative, legal, or administrative) within the framework of the implementation of the Hague Convention of 1954 and its 1999 Second Protocol. PDF Document Website
https://travel.gc.ca/travelling/publications/bon-voyage-but 3. The Fund for the Protection of Cultural Property in the Event of Armed Conflict (Article 29 of the Second Protocol) Have you contributed to the Fund? NO: If no, do you plan to contribute to the Fund in the future? NO: Canada expressed its concerns, as an Observer, during the Tenth Meeting of the Committee for the Protection of Cultural Property in the Event of armed conflict over the Committee s decision 10.Com.9, wherein it decided to use resources from the Fund for the Protection of Cultural Property in the Event of Armed Conflict for its own operational purposes. This decision was taken by the Committee despite being informed by UNESCO legal counsel that to do so would be beyond the Committee s legal authority, since such a use is outside the provisions of Article 29 of the Second Protocol which specifies the use of the Fund. As Canada stated at the time, this results in potential contributors to the Fund no longer having any certainty about how the Fund resources will be used. As a result, it is unlikely that Canada would consider contributing to the Fund in the foreseeable future.
VI. Self-assessment forms In order to reflect the status of implementation of the Hague Convention of 1954 and its 1999 Second Protocol in key areas within the summary document of national reports, please complete the two tables below. 1. Assessment of the level of implementation [Please use the following assessment scale] 1: not implemented; 2: partially implemented, the process has come to a standstill; 3: partially implemented, the process is ongoing; and, 4: fully implemented. 2. Assessment of difficulties encountered [Please use the following assessment scale] 1: difficulties have been encountered, but there are no plans to request technical assistance from the Secretariat of UNESCO; 2: difficulties have been encountered, however there are plans to request technical assistance from the Secretariat of UNESCO; 3: difficulties had been encountered, but thanks to the technical assistance of the Secretariat they have been resolved; 4: difficulties had initially been encountered, but they turned into challenges that we have overcome; and, 5: No difficulties have been encountered. Implementation of the safeguarding obligation through the adoption of preparatory measures 5 Implementation of the safeguarding obligation through the adoption of preparatory measures 4 Training of military personnel on the regulations relating to the protection of cultural heritage 5 Training of military personnel on the regulations relating to the protection of cultural heritage Use of the distinctive emblem to mark cultural property 1 Implementation of the dissemination obligation, through the establishment of awareness-raising activities for target audiences Adoption of relevant criminal legislation 4 For Parties with cultural property under enhanced protection only. Establishment of a system to monitor cultural property under enhanced protection at national level 4 4 n/a Use of the distinctive emblem to mark cultural property Implementation of the dissemination obligation, through the establishment of awareness-raising activities for target audiences Adoption of relevant criminal legislation 5 For Parties with cultural property under enhanced protection only. Establishment of a system to monitor cultural property under enhanced protection at national level n/a 5 n/a
VII. Granting of enhanced protection Opinion Survey Pursuant to Chapter 3 of the 1999 Second Protocol, enhanced protection is granted by the Committee for the Protection of Cultural Property in the Event of Armed Conflict if three conditions are cumulatively met: The cultural property is of the greatest importance for humanity; The cultural property is protected by adequate domestic legal and administrative measures recognizing its exceptional cultural and historic value and ensuring the highest level of protection; and, The cultural property is not used for military purposes or to shield military sites, and the Party which has control over it has made a declaration that it will not be used for such purposes. As these conditions are set out within the framework of an international treaty, their full understanding cannot be separated from state practice, which is of fundamental importance with regard to the International Law of treaties. As such, this national report is an opportunity for the national authorities of the Parties to express their views on the conditions under which enhanced protection is granted. For each of the conditions set out in Article 10 of the Second Protocol, please answer the following questions, taking into account the relevant paragraphs of the Guidelines for the Implementation of the Second Protocol. Article 10, paragraph (a) "Greatest importance for humanity" Please list the main factors to be taken into consideration to determine whether cultural property is of the greatest importance for humanity. Maximum number of words: 500 Canada feels that the factors listed in paragraphs 32-37 of the Guidelines for the Implementation of the Second Protocol are sufficient for making a determination of Greatest importance for humanity. Any attempt to prescribe relevant factors further risks unintentionally excluding sites that are the subject of future requests. Article 10, paragraph (b) "Highest level of protection" Please indicate the national authorities to be consulted to determine which measures to adopt in order to ensure the highest level of protection for cultural property for which enhanced protection has been requested. What measures are necessary to ensure the highest level of protection? Maximum number of words: 1,000 Question 1: Contact should be initiated with Canada s Permanent Delegation. They are responsible for liaising with other government departments as required. Question 2: Canada does not have any input to provide on this matter at this time. Article 10, paragraph (c) "Non-use for military purposes" Please indicate the national authorities to be consulted with a view to taking the decision not to use the cultural property submitted for the granting of enhanced protection for military purposes or to shield military sites.
ITH/11/6.COM/CONF.206/12 Appendix 2 page 20 Maximum number of words: 250 Contact should be initiated with Canada s Permanent Delegation. They are responsible for liaising with other government departments as required.