International Symposium on the Recovery of Antiquities 10-14 February 2012 Riyadh

1. International Symposium on the Recovery of Antiquities10-14 February 2012Riyadh

2. UNESCO‘S ACTION IN THE FIGHT AGAINST ILLICIT TRAFFICKING IN CULTURAL PROPERTYTHE 1970 CONVENTION on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property

3. 1st international instrument dedicated to the fight against illicit trafficking of cultural objects Adopted at UNESCO in November 1970120 States PartiesArab 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%)

4. STATUS of RATIFICATIONS

5. INCLUDING Kuwait, Oman, Qatar, Saudi Arabia MISSING Bahrain, United Arab Emirates, Yemen

6. A clear LEGISLATION1. 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.

7. 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

8. 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

9. 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)

10. 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/illicit

11. 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)

12. 3. Prohibitimport of cultural property - stolenfrom 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))

13. 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))

14. 5. Impose penalties or administrative sanctionswhen: exportation without export certificate • or when importation ofcultural property from museums, religious or secular public monument or institution in another State party(Article 8)

15. 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

16. Example 1 of cooperation:Import ban of artefactsAny 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)

17. 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)

18. However, it is necessary to stress that all those obligations are NOT RETROACTIVE

19. 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 2013 Their mandate will expire in 2015

20. The Commitee acts as a mediator between states in conflicts regarding the return and restitution of cultural property 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. 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.

21. The Committe is an advisory body and 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

22. The Committee iniciates the creation of practical and operational tools • Mediation and Conciliation Rules (2011) • Model Provisions on State Ownership on Cultural Heritage (2011) • Model Export Certificate (UNESCO – WCO) • Database of National Cultural Heritage Laws • Database on restitution cases • Code of ethics (UNESCO International Code of Ethics for Dealers in Cultural Property) • Awareness-raising campaigns

23. RULES OF PROCEDURE FOR MEDIATION AND CONCILIATION Article 4 The Committee shall be responsible for: • 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.

24. 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;

25. 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.

26. 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

27. UNESCO International Code of Ethics for Dealers in Cultural Property  http://unesdoc.unesco.org/images/0012/001213/121320m.pdf ICOM Code of Ethics for Museums  http://icom.museum/ethics.html

28. Basic Actionsconcerning Cultural Objects being offered for SALE OVER THE INTERNET States of INTERPOL, UNESCO and ICOM National Committees are invited to: Post 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“

29. 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; • Establish a central authority (within national police forces or other) also responsible for protection of cultural properties, in charge of permanentlychecking and monitoring sales of cultural objects via the Internet;

30. 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;

31. 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;

32. 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.

33. 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.

34. The UNESCO’s partners in the fight against illicit traffic of cultural objects • International Organizations as INTERPOL, WCO and UNIDROIT • Specialized polices as Carabinieri

35. 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

36. 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)

37. 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.

38. 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.

39. AWARENESS-RAISING ACTIVITIES Audiovisual productions Publications Exhibitions Projects specially addressed to children

40. Clips on the fight against the illicit trafficking of cultural property Goal:aim at raising awareness among the general public (especifically tourists, local communities, tour guides) on the illicit trafficking of cultural goods. Distribution: public spaces and travel areas (airports, train stations, travel offices, etc.), touristic sites (especially those inscribed on the World heritage List), embassies of the concerned countries

41. Clips on the fight against the illicit trafficking of cultural property It compares cultural diversity with the diversity of cultural objects in the world 2 pilot clips developed: Africa and Latin America. The clips will be adapted to other regions in the world: Europe, Asia and Pacific, Arab States and North America.

42. Documentary on UNESCO and its partners’ activities It presents the activities of UNESCO and some of its partners (INTERPOL, UNIDROIT, ICOM, OCBC, Arma dei Carabinieri...) concerning the fight against illicit trafficking of cultural goods It shows the implication of actors involved in trafficking: local communities, robbers, perpetrators of organized crime and money laundering, and international mafia Addressed to the general public The film encourages Member States to: create special services within their police forces; to apply ethics codes to the art market and to produce awareness-raising programmes in order to mobilize the general public to fight against the loss of their heritage.

43. Documentary “Stealing the past” Produced by OnePlanetPictures In the framework of the awareness-raising campaign 40th Anniversary of the 1970 Convention Presents case studies on the illicit trafficking of cultural property (Egypt, Iraq, Colombia, Italy, United Kingdom) Broadcasted on BBC World News on March 26 It can be viewed at: http://www.dev.tv/index.php/productions/documentary/stealing_the_past/

44. 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)

45. Exhibition: Before and After the Looting of Cultural Objects Focused on the looting of cultural objects in archaeological and historical sites Based on the comparison of pictures (archive photographs and pictures of the present moment) of sites before and after the looting of cultural artifacts Developed in coordination with the UNESCO office in Bangkok

46. Exhibition on stolen and returned cultural objects Joint exhibition with the Comando Carabinieri per la Tutela del Patrimonio Culturale Will display stolen 30 objects which were retrieved by the Carabinieri, OCBC and other specialized police forces 18 June to 6 July 2012 - during the Meeting of State Parties to the 1970 Convention and the 18th Session of the Return and Restitution Committee

47. Exhibition on stolen and returned cultural objects Reliquiary ivory cross from the XII Century Recovered by the OCBC in cooperation with the Carabinieri Origin: Canosa di Puglia

48. Game for children in Iraq • Interactive DVD about the the importance of protecting Iraqi cultural heritage. • Target group: Iraqi youngsters aged from 12 to 17 • Goal: raising awareness among young people about the consequences of illicit trafficking • Concept: highlight the symbolic value and history of cultural objects. Historical characters will guide the player through different historical, places.

49. Game for children in Iraq The design, concept and development will be entrusted to a specialized company in close collaboration with UNESCO and Iraqi professionals The distribution of the game will be supported by the UNESCO’s Associated Schools Project Network

50. Education kit for children in Egypt Goal: Raising awareness on the importance of safeguarding cultural heritage Development of an information kit about Egyptian cultural heritage, including an adapted handout; posters; audiovisual productions (cartoons to developed) Two local teachers will be in charge of presenting the information kit in the selected schools