FIGHT AGAINST ILLICIT TRAFFICKING OF CULTURAL

PROPERTY IN SOUTH EASTERN EUROPE

ALBANIAN EXPERIENCE

COUNCIL OF MINISTERS OF CULTURE OF SOUTH-EAST EUROPE

Enhancing culture for sustainable development meeting of the COMOCOSEE Committee of Officials

What is illicit trafic?The illicit trafficking in cultural goods is, as other types of illicit

traffics, a complex, vast and multifaceted issue. It can take different

forms, involve multiple parties and serve diverse purposes, depending

on the geographical, socio-economic and political context.

illicit traffic...

is a very large and lucrative criminal activity

involves transnational illegal networks and markets

generates a loss of heritage

finances other crimes

Fighting illicit traffic requires...

Strong legislation

Awareness raising

Cross-sectorial cooperation

Control measures

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LEGAL FRAMEWORK: A PRE-CONDITION TO FIGHT ILLICIT

TRAFFICIKING OF CULTURE HERITAGE

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ALBANIAN LEGAL FRAMEWORK: A PRE-CONDITION TO

FIGHT ILLICIT TRAFFICIKING OF CULTURE HERITAGE

The Constitution of the Republic of Albania

Law 7726, dt.29.06.1993 “On National Archival Fund and Archives”;

Penal Code of the Republic of Albania defines the crime of theft and

illicit trafficking of cultural heritage value objects, which provides a legal

basis to promote more efforts by security structures, respectively Article

138 "Theft of works of art and culture" and article 138 / a "Trafficking in

works of art and culture", added to the Penal Code by Law no. 8733 dated

24.01.2001, Article 3);

Instruction no. 2 of the Council of Ministers dated 18.03.2004 "On the

movement of movable cultural heritage objects with special values,

national and unique, for the protection, restoration, study and exhibition

outside the territory of the Republic of Albania (Official Gazette of RA,

No.18, 2004 page 924);

ALBANIAN LEGAL FRAMEWORK: A PRE-CONDITION TO FIGHT

ILLICIT TRAFFICIKING OF CULTURE HERITAGE

Decision of Council of Minister No. nr.312, dated 27.04.2016, The Approval of

National Action Plan "On Preventing and Fight against Trafficking of Movable

Cultural Property 2016 - 2018”;

Decision of Council of Minister Nr. 663, dated 17.07.2013 On the adoption of the

Crosscutting Strategy Combating Organized Crime, Illicit Trafficking and

Terrorism 2013-2020 and Action Plan for 2013-2016;

Law Nr.8523,dated 09.09.1999, "On the accession of the Republic of Albania in

the UNESCO Convention on the means of prohibiting and preventing the illicit

import, export and transfer of cultural property (Official Gazette of RA No. 26,

Year 1999,page 959);

Law no. 9806, dated 17.09.2007 "On accession of the Republic of Albania in the

European Convention" On protection of archaeological heritage " (revised)

ALBANIAN LEGAL FRAMEWORK: A PRE-CONDITION TO FIGHT

ILLICIT TRAFFICIKING OF CULTURE HERITAGE

Law no. 10027, dated 11.12.2008 "On accession of the Republic of

Albania to the Convention" On protection of underwater cultural heritage“

Currently, heritage related issues in the Republic of Albania, are regulated

by the law no. 9048 dated.7.4.2003 “For the Cultural Heritage” (Official

Gazette of RA No.33, Year 2003, page 1086), as well as by the law

no.9386, dated. 4.5.2005 “On museums” (Official Gazette of RA No. 44,

Year 2004, page 1594). It provides rules for movement of classified

heritage objects;

The Ministry of Culture has drafted a new law on cultural heritage and

museums where are treated all directives and international conventions, as

well as playing an important role in the procedures for protection against

trafficking in cultural property.

INSTITUTIONS RESPONSIBLE FOR THE PROTECTION OF

CULTURAL PROPERTY

MINISTRY OF CULTURE

The mission is to create and establish the national policies in the

fields of culture, according to the Program of the Government.

NATIONAL INVENTORY CENTRE OF CULTURAL PROPERTIES

The mission is to register, maintain and update the digital inventory

of the Albanian cultural properties, both tangible (movable and immovable)

and intangible.

INSTITUTE OF MONUMENTS OF CULTURE

The fundamental mission of the Institute of Cultural Monuments is

the protection, restoration and re-vitalization of cultural and historical

monuments. ICM performs research studies, supervise the implementation of

legislation in the field of cultural monuments, manages and supervises

conservation and restoration interventions and projects in the entire territory

of the Republic of Albania.

INSTITUTIONS RESPONSIBLE FOR THE PROTECTION OF

CULTURAL PROPERTYThe National Council of Archaeology.

Approves, search criteria, documentation and archiving of data andarchaeological materials, the integration strategy of archaeologicalresearch,

The Archaeological Service Agency, an institution under the Ministry of Culture,responsible for the administration of rescue excavations in the territoryof the Republic of Albania; protection and the study of archaeologicalfindings, and measures for the salvation of these values.

INSTITUTE OF ARCHAEOLOGY( responsible for excavations and documentation

of findings)

INSTITUTE OF CULTURAL ANTHROPOLOGY (responsible for documentation of

crafts, popular suits, songs, dances, etc)

GENERAL DIRECTORATE OF ARCHIVES (responsible for preservation of written

documents-hard copy) .

REGISTRATION AND DOCUMENTATION OF CULTURAL PROPERTIES

AND STOLEN OBJECTS - THE ROAD TOWARDS RESTITUTION

REGISTRATION AND DOCUMENTATION OF STOLEN OBJECTS - THE

ROAD TOWARDS RESTITUTION

QENDRA KOMBETARE E

INVENTARIZIMIT TE PASURIVE

KULTURORE

Inventarizim, dokumentimi i saktëshkencor, katalogim, dixhitslizim i Pasurive

Kulturore

Kontrolli i lëvizjeve të pasurive kulturore mbikëqyrjen dhe

monitorimin e respektimit të të

drejtave të pronësisë

Katalogu i humbjeve

(Antitrafik)

NATIONAL INVENTORY CENTRE OF CULTURAL PROPERTIES DATABASE

Each object is identified by a code which is

unique. This code is written in the passport of the

object, on appropriate stamp.

Code

INFORMATION IN DATABASE

•Tittle

•Photo

•Ownership

•Type

•Material

•Main dates

•Author

•Current Status

•Location

•No of register

•Category

•Period

•Current location

•Period, culture,

•Value

•Grade of

deteriorations,

•Restorations

undertaken

REGISTRATION AND DOCUMENTATION OF STOLEN OBJECTS - THE

ROAD TOWARDS RESTITUTION

NATIONAL INVENTORY CENTRE OF CULTURAL PROPERTIES DATABASEThe database consists of three catalogs:

‘ONUFRI’ Catalog

Movable and immovable cultural properties both of public and private ownership.The objects of this database have the status “cultural heritage”.

Includes over 136,000 objects and over 200,000 photo cards.

"Maro Kondi" Catalog

private colections , do not have the status “cultural heritage”, but in the future can get, and according to the law is freedom of movement within the country.

Includes approximately 25000 objects to 30,000 photos

Lost objects catalog

Records of lost objects (2186)

Mainly in ‘92 and during the civil unrest of

‘97until today. There is a small% of real objects

stolen and unfortunately lack of photos (low

resolution)

Includes 2186 objects and only 243 of them with

photos

In any case, the permit issued is registered in the National Center of Cultural Property Inventory.

Permission of MC or CM

According to Law No.9048, dated 07.04.2003 " On Culture Heritage ‘ Article 19

The removal outside the territory of the Republic of Albania for the purposes ofpreservation, restoration, study and exhibition of the state-owned tangiblecultural heritage objects which have only ordinary values is done with thepermission of the Minister in charge for cultural heritage.

The removal outside the territory ofthe Republic of Albania for thepurposes of preservation,restoration, study and exhibitionof the state-owned tangiblecultural heritage objects which haveparticular national and uniquevalues , is done by a Decision ofthe Council of Ministers. Proceduresfor the removal are defined by theCouncil of Ministers, under theinternational conventions ratified bythe Republic of Albania .

FAVORABLE FACTORS OF THEFT AND TRAFFICKING IN WORKS OF ART

AND CULTURE

According to the State Police statistics:

Albania is mainly identified as a country of origin for trafficking in cultural heritage objects and not as their destination.

Low sensitivity of the public and the institutions

Use of technology (the use of detectors, illegal searches, perfection of the way of Camouflage stolen objects, the use of electronic communication, etc.)

Foreign market requirements for these objects

The existence of international trafficking networks

THEFTS FROM SACRAL MONUMENTS

18 icons stolen from the iconostasis of

Labova’s church in 07/01/2008 reported to

INTERPOL stolen works of arts database

• P A I N T I N G S

• S C U L P T U R E S

• LITURGICAL OBJECTS

• ETNOGRAPHIC OBJECTS

• ARHEOLOGICAL ITEMS

STOLEN WORKS OF ART AND CULTURAL GOODS

Distribution of the

Lost objects Catalogue to cultural

heritage professionals and law

enforcement officials

PROJECT NICCPThe project Objectives:

To Establish a technical and professional infrastructure installed at the National Inventory Centre of Cultural Property, according to international standards for establishment of a national computerized network for Cultural Heritage Management and Protection in Albania.

To create a network and connection of the National Inventory, with 6 focal points at National Regional Directorate of Culture for comprehensive management and monitoring inventory, documentation, changes and movements of cultural heritage

To upgrade the capacity of storage collection and storage of scientific data and maintenance of the facilities, in the national database for the creation of the National Inventory of Cultural Property Collection.

To provide a network system and access to information for stakeholders, (Supreme Administrative State to recognize the situation, the Ministry of Interior and, through its control of customs points and the identification and protection of cultural, scientific institutions, museums, collectors private as well as public for identification study, etc..), with restrictions according to user characteristics.

To prevent trafficking of movable cultural assets through the creation and updating of national data bases of objects.

To upgrade interagency collaboration to support the fight against trafficking of movable cultural property

To upgrade national and international cooperation for capacity building of technical and professional staff.

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COOPERATION AMONG INSTITUTIONS - NOT AN OPTION BUT A

NECESSARY

Drejtoria Kunder Narkotikeve dhe Trafiqeve

Tirane

SektoriK.T.

Paligjshme

Durres Lezhe Shkoder

Elbasan

Vlore

Kukes BeratDiber

Korçe Gjirokaster Fier

Anti-trafficking structures in Albania

Measures undertaken by Ministry of Culture and State Police for the

efficient fight against theft, smuggling, forgery and illegal trade in arts and

cultural goods

National ACTION PLAN

. .

STATE POLICE MINISTRY OF CULTURE NICCP CUSTOMS

SERVICE

National ACTION PLAN

OBJECTIVES

• Creating and updating of the National Inventory of Cultural Property Register.

Determination of the mandatory deadline for implementation 2016-2018 by institutions

that own and manage facilities or Cultural Property objects.

• Improving the legal framework that regulates the field of cultural heritage in order to

strengthen the fight against trafficking in cultural heritage.

• Strengthening coordination among central and local level, to maximize the efforts of all

institutions involved in combating trafficking in movable cultural property.

• Strengthening the professional and technical capacities through the organization of

training and joint meetings.

• Intensification of International Cooperation in the field of illicit trafficking through the

signing of bilateral or multilateral agreements.

• Awareness in the community about illicit trafficking and its consequences.

A C T I V I T I E S – MEASURES

Co-operation between MINISTRY OF THE INTERIOR, MINISTRY OF

CULTURE, CUSTOM SERVICE,

The exchanging of experience between experts for arts and police officers

during criminal investigations became norm;

Education and training of police officers,

Systematic preventive measures and removing of basic causes,

which favor the spreading of criminal activities related to cultural

goods,

Establishment of unique database on stolen and missing cultural

goods

Constant encouragement and development of co-operation with

other state institutions,

International co-operation with the police services and other

institutions

Presenting all of this problems to the public through the media,

tv, etc

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INTERNATIONAL FRAMEWORK AND COLLABORATION: HOW

BEST PRACTICES AND EXPERIENCES BUILT CAPACITY

STOLEN CULTURAL GOODS AND WORKS OF ART

CRIME RELATED CULTURE GOODS AND ARTS IN ALBANIA

RECOVERED

RECOVERED

RECOVERED

RECOVERED

RECOVERED OBJECTS

Portrait of

Herkulianes

Recovered on 3 Korrik 2003 from Grecce.

Portrait of Agripa girl’ portrait

Every day cultural objects are subjected to smuggling and illicit trading. As these objects

disappear, so do entire chapters of humanity’s history.

THANK YOU

Mrs. Silva Breshani –

Director of National Heritage

Inventory Centre

Ministry of Culture Albania

Silva.Breshani@qkipk.gov.al