Capacity-Building for the Fight against Illicit Traffic of Cultural Objects in Mongolia (2010-2011)

This two-year project aims to improve the capacities to combat the illicit trafficking of cultural property in Mongolia through the enhancement of operational capacity-building actions and awareness-raising activities. Based on UNESCO Beijing’s experience in various Mongolian museums, the main activities focus on the implementation of capacity-building workshops for museum staff and customs officers on operational aspects of combating trafficking of cultural properties, as well as awareness-raising activities and information/data-flow capacity-building workshops for the Mongolian youth, arts dealers and museum staff. Through an agreement signed with UNESCO in November 2009, the Principality of Monaco has secured an important financial contribution for activities to be carried out in 2010-2011.

As of October 2010, three of the six planned training workshops have already been successfully organized in Ulaanbaatar, respectively targeting secondary school teachers and museum educators (May 2010), museum directors/curators (September 2010) and customs/border police officers with technical assistance from the Italian Carabinieri (October 2010). The remaining workshops for police investigators, art market dealers and government officials are planned from November 2010-June 2011.

See also: Strengthening Mongolian Capacities for the Fight against Illicit Traffic of Cultural Objects (2011-2013)

UNESCO celebrates the 40th anniversary of the 1970 Convention against the illicit trafficking of cultural property 15 and 16 March 2011

Sixteen years after the adoption of the Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict and its Protocol of 1954, the international community decided to extend this protection by adopting the 1970 UNESCO Convention, to curb the increasing illicit international trafficking of cultural property. Under the provisions of this pioneering international treaty, States cooperate to protect the cultural property on their territory and fight its illicit import, export and transfer.

The Convention plays a three-fold role

It provides States Parties with measures to be taken at the national level, such as drawing up inventories and export certificates, imposing administrative or penal sanctions and carrying out information campaigns, etc.).

The Convention also contains restitution provisions according to which States undertake appropriate steps to recover and return cultural property illicitly imported after the entry into force of the Convention for the States concerned, and admit legal proceedings brought by rightful owners to recover cultural property.

Finally, the Convention provides an international cooperation framework, stipulating that import and export controls can be undertaken when a Member State’s cultural heritage is in jeopardy from pillage, and encouraging States to conclude bilateral agreements.

To date, the 1970 Convention has been ratified by 120 Member States of UNESCO, including many culture-rich countries as well as former hubs of illicit traffic. However, given the spectacular globalization of illegal trade of cultural objects in recent decades, it is essential that all countries join the ranks of States Parties to the Convention, to prevent further impoverishment of their own heritage, which also belongs to all of humanity.

To take international cooperation, UNIDROIT was asked by UNESCO to develop the Convention on Stolen or Illegally Exported Cultural Objects (1995), as a complementary instrument to the 1970 Convention. States commit to a uniform treatment for restitution of stolen or illegally exported cultural objects and allow restitution claims to be processed directly through national courts. Moreover the UNIDROIT Convention covers all stolen cultural objects, not just inventoried and declared ones and stipulates that all cultural property must be returned.

To deal with cases outside the scope of the 1970 Convention or other international agreements, UNESCO set up the Intergovernmental Committee for Promoting the Return of Cultural Property to its Countries of Origin or its Restitution in Case of Illicit Appropriation in 1978. This platform of negotiation, mediation and conciliation is intended to facilitate the restitution of important cultural objects such as the Parthenon sculptures or the Sphinx of Bogâzköy and to develop means to prevent and raise awareness about the combat against illicit trafficking.

In light of the problem of illegal excavations and trade of archaeological objects, the 1970 Convention now stands at a crossroads. Many UNESCO Member States would like to increase its visibility, improve its implementation at national level and carefully re-examine its future.

UNESCO has responded by organizing a media event on 15 and 16 March 2011. It will include a round table open to public and the press on the fight against the illicit traffic of cultural property, a press conference and a forum of reflections, intended for UNESCO Member States and leading experts, on the 1970 Convention and the illicit trafficking of the archaeological properties from illegal excavations. Both events will take place at UNESCO Headquarters in Paris.

• For more information: Provisional agenda

Strengthening Mongolian Capacities for the Fight against Illicit Traffic of Cultural Objects (2011-2013)

Based on the capacity-building workshops organized under the current UNESCO/Monaco project in Mongolia and upon request from the authorities of Monaco, this three-year project will aim to enhance the capacities of Mongolian authorities to fight the illicit traffic of cultural objects by reviewing the current Mongolian legislation on the protection of cultural heritage and by producing tools and materials (video-clips, educational materials) to continue raising the awareness of Mongolian authorities, local communities and tourists on the importance to safeguard Mongolian cultural heritage.

The project proposal is currently prepared by UNESCO's Headquarters (Section of Museums and Cultural Objects) together with the Beijing Office, in cooperation with the Mongolian authorities (National Commission) and in coordination with Monaco’s Office of International Cooperation.

Switzerland commemorates the 40th anniversary of the 1970 UNESCO Convention

On the occasion of the 40th anniversary of the 1970 UNESCO Convention Switzerland has organized a study day and an exhibition named ‘For Sale? La Contrebande des biens culturels et la douane’. By ratifying the 1970 UNESCO Convention in 2003, it has put an end to its longstanding reputation of being a focal point for illicit trade of cultural property. Today Switzerland is home to the fourth biggest art dealer market in the world, after the United States, France and England. Yet up till 2005 it did not have any national legislation regulating the trade of cultural property. With the federal law on the international transfer of cultural property (LTCP), Switzerland implemented the 1970 UNECO Convention. The LTCP entered into force on the 1st of June 2005.

To ensure the enforcement of the LTCP, specialized service International transfer of cultural property has been set up under the Federal Office for Culture (FOC).

The LTCP not only regulates on the internal level, it also allows Switzerland to enter into international bilateral agreements. Switzerland has done so with Italy and Peru in 2006, with Greece in 2007 and Columbia and Egypt in 2010. These bilateral agreements offer the State Parties extra protection for the cultural property that is of significant importance to their cultural heritage and allow them to offer mutual legal aid when illegal importation occurs.

Lastly, Switzerland considerably supports UNESCO in the fight against illicit traffic of cultural property, in particular through the financial contributions of its Federal Office for Culture. These are essential for the development of awareness-raising projects on illicit traffic of cultural property, such as films, video-clips, educational games for children, etc.

For more information:

Cultural Heritage Objects Database - Fighting the Illicit appropriation of Cultural Heritage

The workshop stressed the importance of Database's objective as an instrument to protect cultural heritage, by fighting against looting, theft, illegal export and import in the light of the UNESCO Convention of 1970 on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property and of the UNESCO Convention of 2001 on the Protection of Underwater Cultural Heritage.

The Workshop targeted mainly those relevant experts from South-East European countries who could benefit from the excellence and experience in this field of the Carabinieri Tutela Patrimonio Culturale.

For more information:

Download the Programme of this event

Connected links:

Cultural Property: its Illicit Trafficking and Restitution

Carabinieri Tutela Patrimonio Culturale

Italian Ministry of Culture

Legal and Practical measures against illicit trafficking in cultural properties: UNESCO handbook

This handbook briefly draws attention to some basic legal and practical measures and tools to help combat illicit trafficking in cultural property.

Click here to download this book.