International Symposium on the Recovery of

Antiquities

10-14 February 2012

Riyadh

UNESCO‘S 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

1st 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

Asia-Pacific : 18 States

Latin America & Carabian : 23

States

Europe & North America:

43 States

Arab States: 14 States

INCLUDING

Kuwait, Oman, Qatar, Saudi Arabia

MISSINGBahrain, United Arab Emirates, Yemen

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/illiciwww.unesco.org/culture/laws/illici

tt

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

at regional and international levels

in the prevention and fight against illicit traffic

(diplomatic, legal, educational, administrative, penal

cooperation…)

TO COOPERATE

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• AFGHANISTAN• ARGENTINA• AZERBAIJAN• CAMEROON• CHINA• CYPRUS• EGYPT• GUATEMALA• INDIA• IRAQ• JAPAN

• MADAGASCAR• MEXICO• NIGERIA• PERU• POLAND• REPUBLIC OF KOREA• ROMANIA• SENEGAL• SWITZERLAND• SYRIAN ARAB REPUBLIC• TURKEY

Their mandate will expire in 2013Their mandate will expire in 2015

Makonde MaskIn May 2010, the Barbier-Mueller Museum in Geneva agreed for the restitution of a Makondé Mask to the United Republic of Tanzania. The discussions in the framework of the Committee began in 2006.

The Commitee acts as a mediator between states in conflicts

regarding the return and restitution of cultural property

Sphinx of BogazkoyIn May 2011, a bilateral agreement has been reached between Germany and Turkey on the Bogazkoy Sphinx. This case was presented to the Committee in 1987.

The Committe is an advisory body The Committe is an advisory body and forum of negotiationand forum of negotiation

• ongoing discussions between Greece and the United Kingdom in respect of the reunification of the Parthenon Sculptures

• Sustains cooperation between the British Museum and the Acropolis Museum

The Parthenon marbles

The Committee The Committee iniciates the creation of iniciates the creation of

practical and operational toolspractical and operational tools

• Mediation and Conciliation Rules (2011)Mediation and Conciliation Rules (2011)

• Model Provisions on State Ownership on Model Provisions on State Ownership on

Cultural Heritage (2011)Cultural Heritage (2011)

• Model Export Certificate (UNESCO – WCO) Model Export Certificate (UNESCO – WCO)

• Database of National Cultural Heritage LawsDatabase of National Cultural Heritage Laws

• Database on restitution casesDatabase on restitution cases

• Code of ethics (UNESCO International Code of Code of ethics (UNESCO International Code of

Ethics for Dealers in Cultural Property)Ethics for Dealers in Cultural Property)

• Awareness-raising campaignsAwareness-raising campaigns

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.

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

UNESCO International Code of Ethics

for Dealers in Cultural Property

ICOM Code of Ethics for Museums

http://unesdoc.unesco.org/images/0012/001213/121320m.pdf

http://icom.museum/ethics.html

Basic ActionsBasic Actions concerning Cultural Objects being offered for SALE OVER THE INTERNET

States of INTERPOL, UNESCO and ICOM National Committees are invited to:

1.1. Post this disclaimer on cultural objects sales pagesPost 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 UNESCO’s partners in the fight against illicit traffic of

cultural objects

• International Organizations as INTERPOL, WCO and UNIDROIT

• Specialized polices as Carabinieri

1. Restitution Canada-Bulgaria (10 June 2011)

The Government of Canada returned to the Republic of Bulgaria 21,000 coins, pieces of jewellery, and other objects that were illegally imported to Canada and seized by the Royal Canadian Mounted Police.

EXAMPLES OF GOOD PRACTICES:RESTITUTIONS UNDER THE AEGIS OF THE CONVENTION

Stolen from their home in a small votive chapel in Lysi (Cyprus),

these Byzantine frescoes will be

returned to Cyprus in 2012

2. Restitution to Cyprus by the De Menil Collection – Houston, USA (2012)

1999 Second Protocol to the Hague Convention of 1954 for the Protection of Cultural Property in the Event of Armed Conflict

• “Enhanced protection” is one of the features of the 1999 Second Protocol

• The granting of such protection to sites in countries party to the Second Protocol is under three conditions:  - site of greatest importance to humanity;- site protected by domestic measures recognizing its exceptional cultural and historic value and ensuring the highest level of protection; - site not used for military purposes or to shield military sites.

• This goes beyond the regime of general protection and means that States cannot fall back on the argument of “imperative military necessity” for using or targeting cultural sites in times of conflict.

• It involves the obligation by States to make intentional attacks against identified sites a criminal offence or to penalize use of such sites or their immediate surroundings in support of military action.

• 56 countries are party to the Second Protocol.

• Three World Heritage sites in Cyprus and a fourth in Italy have been given “enhanced protection” status by the Committee for the Protection of Cultural Property in the Event of Armed Conflict.

• The sites, which are the first to be granted this status, are Choirokoitia, Paphos (sites I and II) and the Painted Churches of the Troodos Region in Cyprus and Castel del Monte in Italy.

AWARENESS-RAISING ACTIVITIESAWARENESS-RAISING ACTIVITIES

• Audiovisual productionsAudiovisual productions

• PublicationsPublications

• Exhibitions Exhibitions

• Projects specially addressed to childrenProjects specially addressed to children

Clips on the fight against Clips on the fight against the illicit trafficking of cultural propertythe illicit trafficking of cultural property

• Goal:Goal: aim at raising awareness among the general aim at raising awareness among the general public (especifically tourists, local communities, tour public (especifically tourists, local communities, tour

guides) on the illicit trafficking of cultural goods.guides) on the illicit trafficking of cultural goods.

• DistributionDistribution: public spaces and travel areas (airports, : public spaces and travel areas (airports, train stations, travel offices, etc.), touristic sites train stations, travel offices, etc.), touristic sites (especially those inscribed on the World heritage List), (especially those inscribed on the World heritage List), embassies of the concerned countries embassies of the concerned countries

Clips on the fight against the illicit trafficking Clips on the fight against the illicit trafficking of cultural propertyof cultural property

• It compares cultural diversity with the diversity of It compares cultural diversity with the diversity of cultural objects in the worldcultural objects in the world

• 2 pilot clips developed: 2 pilot clips developed: Africa and Latin Africa and Latin AmericaAmerica..

• The clips will be adapted to other regions in the The clips will be adapted to other regions in the world: Europe, Asia and Pacific, Arab States world: Europe, Asia and Pacific, Arab States and North America.and North America.

Documentary on UNESCO Documentary on UNESCO and its partners’ activitiesand its partners’ activities

• It presents the activities of UNESCO and some of its partners It presents the activities of UNESCO and some of its partners (INTERPOL, UNIDROIT, ICOM, OCBC, Arma dei Carabinieri...) (INTERPOL, UNIDROIT, ICOM, OCBC, Arma dei Carabinieri...) concerning the fight against illicit trafficking of cultural goods concerning the fight against illicit trafficking of cultural goods

• It shows the implication of actors involved in trafficking: local It shows the implication of actors involved in trafficking: local communities, robbers, perpetrators of organized crime and money communities, robbers, perpetrators of organized crime and money laundering, and international mafia laundering, and international mafia

• Addressed to the general publicAddressed to the general public

• The film encourages Member States to:The film encourages Member States to:– create create special servicesspecial services within their police forces; within their police forces;– to to apply ethics codesapply ethics codes to the art market and to the art market and– to produce to produce awareness-raising programmesawareness-raising programmes in order to mobilize in order to mobilize

the general public to fight against the loss of their heritage.the general public to fight against the loss of their heritage.

DocumentaryDocumentary “Stealing the past” “Stealing the past”

• Produced by Produced by OnePlanetPicturesOnePlanetPictures

• In the framework of the awareness-raising campaign In the framework of the awareness-raising campaign

40th Anniversary of the 1970 Convention 40th Anniversary of the 1970 Convention

• Presents case studies on the illicit trafficking of cultural property Presents case studies on the illicit trafficking of cultural property

(Egypt, Iraq, Colombia, Italy, United Kingdom)(Egypt, Iraq, Colombia, Italy, United Kingdom)

• Broadcasted on Broadcasted on BBC World NewsBBC World News on March 26 on March 26

• It can be viewed at:It can be viewed at:

http://www.dev.tv/index.php/productions/documentary/stealing_thttp://www.dev.tv/index.php/productions/documentary/stealing_t

he_past/ he_past/

Documentary recently broadcasted on

Canal + entitled « Trafic d’art: les trésors de guerre du terrorisme’

(Tac Presse, 52 min)

In preparation:

60 - minutes documentary in cooperation with the company Viverra films (Netherlands)

ExhibitionExhibition: Before: Before and and AfterAfter the Looting of the Looting of

Cultural ObjectsCultural Objects

• Focused on the looting of cultural objects Focused on the looting of cultural objects in archaeological and historical sitesin archaeological and historical sites

• Based on the comparison of pictures Based on the comparison of pictures (archive photographs and pictures of the (archive photographs and pictures of the present moment) of sites before and after present moment) of sites before and after the looting of cultural artifactsthe looting of cultural artifacts

• Developed in coordination with the Developed in coordination with the

UNESCO office in BangkokUNESCO office in Bangkok

Exhibition on stolen and returned Exhibition on stolen and returned cultural objectscultural objects

• Joint exhibition with the Joint exhibition with the Comando Carabinieri per la Comando Carabinieri per la Tutela del Patrimonio Culturale Tutela del Patrimonio Culturale

• Will display stolen 30 objects which were retrieved by the Will display stolen 30 objects which were retrieved by the Carabinieri, OCBC and other specialized police forcesCarabinieri, OCBC and other specialized police forces

• 18 June to 6 July 2012 - during the Meeting of State 18 June to 6 July 2012 - during the Meeting of State Parties to the 1970 Convention and the 18th Session of Parties to the 1970 Convention and the 18th Session of the Return and Restitution Committeethe Return and Restitution Committee

Exhibition on stolen and returned Exhibition on stolen and returned cultural objectscultural objects

• Reliquiary ivory cross from the XII Century

• Recovered by the OCBC in cooperation with the Carabinieri

• Origin: Canosa di Puglia Origin: Canosa di Puglia

Game for children in IraqGame for children in Iraq

• Interactive DVD about the the importance of protecting Iraqi cultural Interactive DVD about the the importance of protecting Iraqi cultural heritage. heritage.

• Target group:Target group: Iraqi youngsters aged from 12 to 17 Iraqi youngsters aged from 12 to 17

• Goal: Goal: raising awareness among young people about the raising awareness among young people about the consequences of illicit traffickingconsequences of illicit trafficking

• ConceptConcept: highlight the symbolic value and history of cultural : highlight the symbolic value and history of cultural objects. Historical characters will guide the player through different objects. Historical characters will guide the player through different historical, places. historical, places.

Game for children in IraqGame for children in Iraq

• The design, concept and development will be entrusted to a The design, concept and development will be entrusted to a specialized company in close collaboration with UNESCO and Iraqi specialized company in close collaboration with UNESCO and Iraqi

professionalsprofessionals

• The distribution of the game will be supported by the UNESCO’s UNESCO’s Associated Schools Project NetworkAssociated Schools Project Network

Education kit for children in EgyptEducation kit for children in Egypt

Goal: Raising awareness on the importance of Goal: Raising awareness on the importance of safeguarding cultural heritage safeguarding cultural heritage

Development of an information kit about Egyptian Development of an information kit about Egyptian cultural heritage, includingcultural heritage, including

an adapted handout;an adapted handout; posters;posters; audiovisual productions (cartoons to audiovisual productions (cartoons to

developed)developed)

– Two local teachers will be in charge of presenting Two local teachers will be in charge of presenting the information kit in the selected schoolsthe information kit in the selected schools

Object-ID Formular

http://www.object-id.com/

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.

LISTESROUGES 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

! شكر

For more information:

Edouard PlancheCultural Heritage Protection Treaties Section

Division for Cultural Expressions and Heritage Tel: 00.33.1.45.68.44.04Fax: 00.33.1.45.68.55.96

@: e.planche@unesco.org

www.unesco.org/culture/fr/illicittrafficking