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COMMITTEE: General Assembly

QUESTION OF: Return or restitution of cultural property

SUBMITTED BY: Switzerland

CO-SUBMITTERS: Kuwait, Saudi Arabia, Nepal, Cambodia, Mongolia, Turkey, Interpol, European Union, Timor Leste

THE GENERAL ASSEMBLY,

Noting the traffic of cultural heritage is a crime that influences countries of origin, transit and final destinations,

Bearing in mind there are many unknown cases of illicit trafficking of cultural heritage and that it is therefore very challenging to return or restitute these items,

Recognizing the demand from arts markets, the border openings, the development of transportation and the political instability of certain countries allow the illicit trade in works of art to be maintained,

Supporting the work of UNESCO’s Intergovernmental Committee (ICPRCP), which aims to raise awareness for the restitution or return of cultural property,

Supportinga joint Polish-Norwegian project on legal and illicit trade with cultural heritage “ Stop heritage crime”,

Recognizing the International Council Of Museums (ICOM) and its work including the Red List,

Aware of the Bureau of Educational and Cultural Affairs Department's Cultural Heritage Center that concentrates on the protection and preservation of cultural resources and works to defend and protect countries’ heritage,

Recalling the UNESCO Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property’s Article 2 stating that “illicit import, export and transfer of ownership of cultural property is one of the main causes of the impoverishment of cultural heritage”,

Takinginto account the European Union directives 1993/7/EEC and 2014/60/EU, which both address the return of cultural property to the original member-state, the latter made after the revision of the former being deemed not enough,

Recognizing the continued holding of cultural property in other member-states could result in events like war,

  1. Encourages the use of efficient systems for circulating information by:
  2. Requesting the use of Interpol Notice on Stolen Works of Art,
  3. Allowing access to the database to law enforcement agencies and members of the public who have been provided with specific access rights,
  4. Asking for the increased use of ICOM’s Red List that works to prevent cultural property from being stolen or illegally exported;
  5. Encourages world financial institutions such as but not limited to, the World Bank, to provide the funds necessary to aid the return and protection of items of cultural importance to their countries of origin;
  6. RequestsMember States to adopt measures to increase public awareness about the importance of each culture’s heritage such as but not limited to:
  7. Video clips,
  8. Educational materials,
  9. Decreasing entrance fees into museums;
  10. Asks all bodies involved in the procedures that the Intergovernmental Committee provide appropriate support to those countries undergoing negotiations on the issue;
  11. Recommends that if a private owner of identified national treasure illegal items does not cooperate in giving up the property in possession, it may be taken forcefully;
  12. Proposes there to be consequences for not returning cultural property to original Member States in the form of monetary payment or suspension of various actions on items;
  13. Strongly encourages the governments of Member States to reinforce laws involving illicit trafficking of cultural property, in accordance with the laws of cooperating states under applicable international law;
  14. Recommends additional use of Interpol’s I-24/7 data exchange system to enable and simplify the work of police exchanging information by extending access to international law enforcement entities at strategic locations including but not limited to:
  15. Border crossings,
  16. Airports,
  17. Customs and immigration posts;
  1. Counteracts the illicit trade in cultural property by:
  2. Urging international collaboration regarding the return or restitution of cultural heritage by seeking ways of facilitating multilateral and bilateral cooperation globally,
  3. Encouraging the exchange of knowledge, experience and a common set of rules between countries and institutions;
  4. Further declares that a claim for restitution of a cultural object shall not be subject to time limitations, other than a period of three years from the time when the claimant knew the location of the cultural object and the identity of its possessor except if the cultural object is:
  5. Forming an integral part of an identified monument archaeological site,
  6. Belonging to a public collection,
  7. A sacred or communally important cultural object belonging to and used by a tribal or indigenous community in a UN member state as part of that community’s traditional or ritual use;
  8. Requests the collaboration with UNESCO and of the intergovernmental committee on the issue of cultural objects restitution or return in order to:
  9. Facilitate the bilateral negotiations,
  10. Submit proposals with a view to mediation or conciliation to the concerned Member States,
  11. Promote restitution or return of cultural property,
  12. Encouragethe establishment of reinforcement of museums or other institutions for the conservation of cultural property and the training of the necessary scientific and technical personnel,
  13. Report on its activities to the general conference of UNESCO at each of its ordinary sessions,
  14. Promote exchanges of cultural property in accordance with the recommendation on the international exchange of cultural property;
  15. Requests the return of all cultural property to the country of origin if they are able to provide proof that includes but is not limited to:
  16. Giving a worthy destination to the cultural object,
  17. Respecting the conservation of such cultural objects,
  18. Displaying the object in a place that is accessible by the public;
  19. Recommends the supervision of the change of possession in cultural property by UNESCO’s ICPRCP, such as the payment regarding the trade in cultural property including negotiations based on acquisitionof the country of origin’s debt;
  20. Decides to remain actively seized upon this matter.