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03.03.2017 - New York Office

UNESCO advocates for strengthening the implementation of the international legal framework for the protection of cultural heritage

© UNESCO

On Tuesday, 28 February 2017, at the UN Headquarters, UNESCO joined the special event on Promoting and strengthening the international legal framework for the protection of cultural heritage that was co-organized by Cyprus, Italy and the International Institute for the Unification of Private Law (UNIDROIT).

The event focused on the challenges for effectively aligning domestic and international legal systems to counter the destruction and illicit trafficking of cultural property as well as for the restitution of illicitly traded cultural property. The participants pointed out the importance of effective implementation of relevant international Conventions and legal instruments and of international cooperation through the work of international organizations.  

Mrs. Marie Paule Roudil, the Director of the UNESCO Liaison Office in New York, joined the distinguished panel of speakers that included Kornelios Korneliou, Ambassador of Cyprus Ambassador, Inigo Lambertini, Deputy Ambasador of Italy, Mr. José Angelo Estrella-Faria, Secretary-General of UNIDROIT, Mrs. Gabriella Battaini-Dragoni, Deputy Secretary-General of the Council of Europe, as well as representatives of ICC, INTERPOL and UNODC.  

Ms Roudil highlighted the significance of prevention, strengthened international cooperation and complementarity of efforts and the need for a continuous outreach call to promote awareness and further ratification of international instruments. She further underlined the valuable decades-long close cooperation and successful partnership between UNESCO and UNIDROIT, which led, inter alia, to the 1995 UNIDROIT Convention, at UNESCO’s request, as well as the Model Provisions on State Ownership of Undiscovered Cultural Objects. Reminding about the importance of cultural heritage as a vector for sustainable development, Ms Roudil launched a call for the universal ratification of the 1970 Convention which currently counts 131 States Party and should enter into force among all States members of UNESCO by 2020.  

As stressed by the Secretary General of UNIDROIT Mr. Estrella Faria, in his keynote speech, ratification of the self-executing 1995 UNIDROIT Convention on Stolen or Illegally Exported Cultural Objects is key, with its pioneering provisions on due diligence in particular, in improving internationally both prevention of stealing or illegally exporting cultural objects and restitution of such cultural objects. The 1995 UNIDROIT Convention complements the 1970 UNESCO Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property from the perspective of private law. The Deputy Secretary General of the Council of Europe Mrs Battaini-Dragoni in her keynote speech, informed on the new Convention of the Council of Europe, currently under negotiation, on Offences related to Cultural Property, which will criminalise offences related to cultural property.  

The Senior Trial Lawyer of the International Criminal Court in the Al-Mahdi Case, elaborated on the importance of the decision as the first of its kind where a person has been found guilty of the war crime of attacking historic and religious buildings.  

The Special Representative of INTERPOL stressed the need to make full use of the legal framework in order to enhance efforts in the field of law enforcement and referred to initiatives and tools developed by INTERPOL that are at the disposal of States in this regard, such as the Works of Art Database. He also raised the audience’s awareness regarding the “Unity for Security” Forum, organized in Abu Dhabi March 26-28 2017, with a specific panel on this very topic.  

The representative of the UNODC New York Office highlighted the importance of enhancing national efforts to criminalize illicit trafficking of cultural property and mentioned other international treaties - the United Nations Convention against Transnational Organized Crime and the United Nations Convention against Corruption -, and the International Guidelines on crime prevention and criminal justice responses to this phenomenon, adopted by the General Assembly in its resolution 69/196, which can be instrumental to more effectively combat the illicit trafficking in cultural property."    

There was a wide acknowledgement of the importance of a holistic, multidisciplinary approach in addressing the matter and of the complementarity and synergies between the crucial work of international organizations and the numerous important international legal instruments.  

During the event, UNIDROIT and the Missions of Cyprus and Italy to the UN announced the establishment of an informal Task Force, open to all States wishing to participate, aimed at the promotion of the wider ratification of the 1995 UNIDROIT Convention.




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