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

Similar documents
UNESCO CONCEPT PAPER

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

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

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

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

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

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

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

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

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

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

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

UNODC/CCPCJ/EG.1/2014/3

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

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

Trainers and facilitators:

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

Third Meeting Paris, UNESCO Headquarters, Room II May 2015

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

EU response to the illicit trade in cultural goods

Hundred and sixty-seventh Session

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

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

SECRETARIAT S REPORT ON ITS ACTIVITIES (OCTOBER MAY 2017)

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

NATIONAL REPORT ON THE IMPLEMENTATION OF THE

ILLICIT TRADE IN CULTURAL ARTEFACTS: STRONGER TOGETHER?

NATIONAL REPORT ON THE IMPLEMENTATION OF THE

REPORT OF THE SECRETARIAT ON ITS ACTIVITIES

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

Legal and Practical Measures Against Illicit Trafficking

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

GHANA MUSEUMS AND MONUMENTS BOARD. Ghana Museums and Monuments Board

Third Meeting Paris, UNESCO Headquarters, Room II May 2015

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

Economic and Social Council

22 November Contents

The 1995 UNIDROIT Convention

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

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.

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

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

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

Fourth Meeting Paris, UNESCO Headquarters, Room II May 2017

In!ll Twenty-eighth Session, Paris 1995

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

General Conference Twenty-fourth Session, Paris 1987

INTER-AMERICAN JURIDICAL REPORT: CULTURAL HERITAGE ASSETS

Paris, January 2005 Original: English UNITED NATIONS EDUCATIONAL, SCIENTIFIC AND CULTURAL ORGANIZATION

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

EXPLANATORY MEMORANDUM. 1. General

Interpol s Role in the Fight against the Illicit Traffic in Cultural Property

PROTECTING CULTURAL HERITAGE

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

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

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

3 MSP. C70/15/3.MSP/RESOLUTIONS Paris, May 2015 Original English/ French. Limited distribution

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

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

Генеральная конферeнция 34-я сессия, Париж 2007 г. Доклад 大会第三十四届会议, 巴黎,2007 年报告

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

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

The International Legal Setting

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

Official Journal of the European Union. (Legislative acts) DIRECTIVES

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

rep OUTLINE 35 C/REP/14 24 August 2009 Original: French Report

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

FINAL REPORT OF THE SIXTEENTH SESSION (21-23 September 2010)

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

NATIONAL REPORT ON THE IMPLEMENTATION OF THE

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

EU's response to illicit trade in cultural goods

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

IMPLEMENTATION OF THE 1970 UNESCO CONVENTION BY AFRICAN STATES: THE FAILURE TO GRASP THE NETTLE. Background paper.

ICOM Code of. Ethics. for Museums

Emergency Safeguarding of the Syrian Cultural Heritage Project

FORMAT FOR NATIONAL REPORTS. Four-year cycle

UNESCO and UNIDROIT: a Partnership against Trafficking in Cultural Objects

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

TRAFFICKING IN CULTURAL PROPERTY

Diplomatic Conference to Conclude a Treaty to Facilitate Access to Published Works by Visually Impaired Persons and Persons with Print Disabilities

AU REVIEW AND ASSISTANCE CONFERENCE ON THE IMPLEMENTATION OF UN SECURITY COUNCIL RESOLUTION 1540 (2004) IN AFRICA CONCLUSIONS

Human Resources in R&D

UNESCO 2017 All rights reserved

Federal Act on the International Transfer of Cultural Property

REGULATIONS REGARDING THE CULTURAL HERITAGE PROTECTION IN COLOMBIA

PARIS, 20 February 2009 Original: English and French. MONITORING OF THE IMPLEMENTATION OF UNESCO s STANDARD-SETTING INSTRUMENTS SUMMARY

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

UNITED NATIONS EDUCATIONAL, SCIENTIFIC AND CULTURAL ORGANIZATION

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

Contracting Parties to the Ramsar Convention

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

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

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

The Geneva Declaration on Armed Violence and Development

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

Transcription:

Prevention and Fight Against Illicit Traffic of Cultural Goods in Southern Africa Current Situation and Way Forward 14 and 15 September 2011 Safari Hotel, Windhoek, Namibia UNESCOS ACTION IN THE FIGHT AGAINST ILLICIT TRAFFICKING IN CULTURAL PROPERTY THE 1970 CONVENTION on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property

1 st international instrument dedicated to the fight against illicit trafficking of cultural objects Adopted at UNESCO in November 1970 120 States Parties Arab States 14 States (77,77%) Africa 22 States (47,72%) Latin America and Caribbean 22 States (66,66%) Asia-Pacific 21 States (44,68 % ) Europe North America 40 States (76,29%) STATUS of RATIFICATIONS Africa: 22 States Arab States: 14 States Europe & North Am erica: 43 States Asia-Pacific : 18 States Latin America & Carabian : 23 States

INCLUDING South Africa, Zambia and Zimbabwe What about Botswana, Lesotho, Malawi, Namibia, Swaziland? A clear LEGISLATION 1. Defining cultural property: (a) Rare collections and specimens and objects of paleontological interest; (b) Property relating to history, to the life of national personalities and to events of national importance; (c) products of archaeological excavations (including regular and clandestine); (d) elements of artistic or historical monuments or archaeological sites dismembered; (e) antiquities more than one hundred years old; (f) objects of ethnological interest; (g) property of artistic interest.

2. Establishing State s ownership on cultural heritage in particular archaeological heritage specially when not yet or illicitly excavated from the national territory. one tool: the UNESCO-UNIDROIT Model Provision 3. Regulating archaeological excavations: Specialised services Authorisations and permits Regulation of finds, storage etc. Metal detectors 4. Establishing national inventory system (use of the Object ID standard form) 5. Training police and customs 6. Education campaigns

STATES PARTIES ALSO UNDERTAKE : 1. To introduce a system of export certificate export of cultural objects not accompanied by such an export certificate is prohibited (Article 6) UNESCO-WCO MODEL EXPORT-CERTIFICATE for Cultural Objects To serve States and Customs officials in combating illicit trafficking in cultural property Available at www.unesco.org/culture/laws/illicit

2. 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, paragraph a) 3. Prohibit import of cultural property - stolen from museum, religious or secular public monument or institution - in another State Party - after the entry into force of the Convention for the States concerned - provided that such property is documented as appertaining to the inventory of that institution (Article 7 b(i))

4. Take steps, at the request of the State of origin, to recover and return any such cultural property imported - after the entry into force of the Convention in both States concerned - provided that the requesting State shall pay just compensation to an innocent purchaser or to a person who has valid title to that property (Article 7b(ii)) 5. Impose penalties or administrative sanctions when: exportation without export certificate or when importation of cultural property from museums, religious or secular public monument or institution in another State party (Article 8)

STATES ARE ALSO REQUIRED TO COOPERATE at regional and international levels in the prevention and fight against illicit traffic (diplomatic, legal, educational, administrative, penal cooperation ) Example 1 of cooperation: 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 the corresponding measures including an import ban of artefacts originating in that State (Article 9)

Example 2 of cooperation: BILATERAL AGREEMENTS States 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 (Article 15) However, it is necessary to stress that all those obligations are NOT RETROACTIVE

Intergovernmental Committee for Promoting the Return of Cultural Property to its Countries of Origin or its Restitution in Case of Illicit Appropriation (22 States Members) Negociation forum for the restitution of cultural property with a particular significance ARGENTINA JAPAN BELARUS MEXICO BURKINA FASO MONGOLIA CHINA NIGER GUATEMALA NIGERIA GREECE PERU INDIA REPUBLIC of KOREA IRAQ ROUMANIA ITALIA CZECH REPUBLIC LIBYA SENEGAL UNITED STATES of AMERICA ZIMBABWE Mandate until October 2011 Mandate until October 2013 RULES OF PROCEDURE FOR MEDIATION AND CONCILIATION Article 4 The Committee shall be responsible for: 1. seeking ways and means of facilitating bilateral negotiations for the restitution or return of cultural property to its countries of origin. In this connection, the Committee may also submit proposals with a view to mediation or conciliation to the Member States concerned, it being understood that -> mediation implies the intervention of an outside party to bring the concerned parties to a dispute together and assist them in reaching a solution, -> while under conciliation, the concerned parties agree to submit their dispute to a constituted organ for investigation and efforts to effect a settlement. The outcome of the mediation and conciliation process is not binding on the Member States concerned, so that if it does not lead to the settlement of a problem, it shall remain before the Committee, like any other unresolved question which has been submitted to it.

2. promoting multilateral and bilateral cooperation with a view to the restitution and return of cultural property to its countries of origin; 3. encouraging the necessary research and studies for the establishment of coherent programmes for the constitution of representative collections in countries whose cultural heritage has been dispersed; 4. fostering a public information campaign on the real nature, scale and scope of the problem of the restitution or return of cultural property to its countries of origin; 5. guiding the planning and implementation of UNESCO s programme of activities with regard to the restitution or return of cultural property to its countries of origin; 6. encouraging the establishment or reinforcement of museums or other institutions for the conservation of cultural property and the training of the necessary scientific and technical personnel; 7. promoting exchanges of cultural property in accordance with the Recommendation on the International Exchange of Cultural Property; 8. reporting on its activities to the General Conference of UNESCO at each of its ordinary sessions.

Basic Actions concerning Cultural Objects being offered for SALE OVER THE INTERNET States of INTERPOL, UNESCO and ICOM National Committees are invited to: 1. Post this disclaimer on cultural objects sales pages: With regard to cultural objects proposed for sale, and before buying them, buyers are advised to: => check and request a verification of the licit provenance of the object, including documents providing evidence of legal export (and possibly import) of the object likely to have been imported; => request evidence of the seller's legal title. In case of doubt, check primarily with the national authorities of the country of origin and INTERPOL, and possibly with UNESCO or ICOM 2. Request Internet platforms to disclose relevant information to law enforcement agencies and to cooperate with them on investigations of suspicious sales offers of Cultural objects; 3. Establish a central authority (within national police forces or other) also responsible for protection of cultural properties, in charge of permanently checking and monitoring sales of cultural objects via the Internet;

4.Cooperate with national and foreign police forces and INTERPOL and responsible authorities of other States concerned, in order to: a) Insure that any theft and/or illegal appropriation be reported to INTERPOL National Central Bureaux, in order to post information on the INTERPOL Stolen Works of Art Database; b) Make information available about theft and/or illegal appropriation and any subsequent sale of cultural objects, from or to national territories, using the Internet; c) Facilitate rapid identification of cultural objects by: i) ensuring updated inventories with photograph, or description (through the Object ID standard); ii) maintaining a list of experts;

d) Use tools such as the INTERPOL Stolen Works of Art Database and the corresponding INTERPOL DVD to conduct checks of suspicious cultural property; e) Track and prosecute criminal activities related to sale of cultural objects on Internet and inform INTERPOL General Secretariat of major investigations involving several countries. 5. Maintain statistics and register information on the checks conducted concerning the sale of cultural objects via the Internet, the vendors in question and the results obtained; 6. Establish legal measures to immediately seize cultural objects in case of a reasonable doubt concerning their licit provenance; 7. Assure the return of seized objects of illicit provenance to their rightful owners.

The UNESCOs partners in the fight against illicit traffic of cultural objects International Organizations as INTERPOL, WCO and UNIDROIT Specialized polices as Carabinieri Awareness-raising projects UNESCO Films on the actions of the Organisation and its partners in the fight against illicit traffic of cultural property http://www.unesco.org/new/en/culture/themes/movableheritage-and-museums/illicit-traffic-of-culturalproperty/videos Sensitization clips

UNESCO Database of National Cultural Heritage Laws Offers access to national legislation relating to the cultural heritage in general, in other words the laws on the main categories of heritage; 2400 texts from 180 States www.unesco.org/culture/natlaws An international standard for describing cultural objects Result of years of research Through the collaboration of the museum community, international police units, customs agencies, the art trade, insurance industry, and experts. Object-ID Formular http://www.objectid.com/

UNESCO International Code of Ethics for Dealers in Cultural Property http://unesdoc.unesco.org/image s/0012/001213/121320m.pdf ICOM Code of Ethics for Museums http://icom.museum/ethics.html LISTES ROUGES ICOM Red List of African Archaeological Cultural Objects Lista Roja de bienes culturales latinoamericanos en peligro Emergency Red List of Iraqi Antiquities at Risk Afghanistan Antiquities at Risk Lista Roja de antigüedades peruanas en peligro Red List of Central America and Mexico Endangered Cultural Properties Red List of Cambodian Antiquities at Risk Red List of Chinese Cultural Objects at Risk Red List of Colombian Culturla Objects at Risk The Emergency Red List of Haitian Cultural Objects at Risk

Compendium «Witnesses to History Documents and writings on the return of Cultural Objects» - 440 pages of reliable information from some of the world s leading experts in the field of return and restitution of cultural objects - Outline of the historical, philosophical, and ethical aspects of the return of cultural objects - Examples of past and present cases - Analyse of legal issues For more information: Edouard Planche Cultural Heritage Protection Treaties Section Division for Cultural Expressions and Heritage Tel: 00.33.1.45.68.44.04 Fax: 00.33.1.45.68.55.96 @: e.planche@unesco.org www.unesco.org/culture/fr/illicittrafficking