Cultural heritage in danger
Treaties and legislation
Since the end of the Second World War, several international conventions have been enacted to combat the theft, illicit exportation and trafficking of cultural property as well as promote the restitution of objects to their countries of origin.
Convention Concerning the Protection of the World Cultural and Natural Heritage (UNESCO 1972)
UNIDROIT Convention on Stolen or Illegally Exported Cultural Objects (UNIDROIT 1995)
In addition, individual countries have enacted legislation to address the problem of illicit trade within national borders and have negotiated bilateral agreements to help stem the flow of smuggled artifacts internationally.
United States Federal Statutes
Convention on Cultural Property Implementation
Act
19 U.S.C. §§ 2601-2613 (1982)
Archaeological Resources Protection
Act
16 U.S.C. §§ 470aa-470mm
National Stolen Property Act
18 U.S.C. § 2314
Illegal Trafficking in Native American Human
Remains and Cultural Items
18 U.S.C § 1170
National Historic Preservation Act
16 U.S.C. §§ 470-470w-8
Chart of Current and Expired Import Restrictions
Under the Convention on Cultural Property Implementation
Act
U.S. State Department, Bureau of Educational and Cultural Affairs
Convention for the Protection of Cultural Property in the Event of Armed Conflict (The Hague 1954) and Protocols
The Hague Convention was adopted in 1954 in response to the looting of the artistic and cultural patrimony of Europe during and after World War II.
The State Parties to this Convention "undertake to prohibit, prevent and, if necessary, put a stop to any form of theft, pillage or misappropriation of, and any act of vandalism directed against, cultural property" in time of war. Moreover, a State that occupies "the whole or part of the territory" of another State Party is obliged to assist the authorities of the occupied country with the protection of its own cultural patrimony.
According to an annexed Protocol, each State undertakes to prevent the exportation of cultural property from a territory under its occupation during an armed conflict, and to confiscate and return "cultural property imported into its territory either directly or indirectly from an occupied territory".
As of December 18, 2003, 108 countries have ratified this Convention and 87 have acceded the Protocol, including Iraq in 1968. Unfortunately, neither the United States nor the United Kingdom are parties to the Convention; nevertheless, one could legitimately expect them to respect its basic principles during their occupation of Iraq.
For the full text of the Convention, please read download orginal text. Click here for an up-to-date list of parties to the Convention.
Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property (UNESCO 1970)
The problem of the illicit trade in antiquities—and the strong incentive for pillage of archaeological sites that it creates—was addressed at the international level by the adoption of the 1970 UNESCO Convention. The convention defines cultural property as "property, which on religious or secular grounds, is specifically designated by each state as being of importance for archaeology, prehistory, history, literature, art or science." (Article 1) Among other things, this convention obliges State Parties to prohibit the importation of cultural property stolen from a museum or monument in another participating country (Article 7b), and allows State Parties whose archaeological or ethnological patrimony is in jeopardy from pillage to ask other State Parties for help in protecting the affected categories of materials, through measures that may include restrictions on imports and exports (Article 9). Furthermore, State Parties pledge to oblige antiquities dealers "to maintain a register recording the origin of each item of cultural property, names and addresses of the supplier, [and] description and price of each item sold" (Article 10a)—a requirement that would obviously serve as a very powerful deterrent to the illicit trade.
Thus far 103 countries have joined the Convention. Iraq ratified in 1973. The United States adhered in 1983—the first major art-market country to do so—and simultaneously passed specific implementing legislation: the Convention on Cultural Property Implementation Act (CCPIA, 19 U.S.C. 2601-2613). Unfortunately, the U.S. declined to implement Article 10a, on the alleged grounds that regulation of antiquities dealers is best left to state and local governments.
Most recently, Britain and Japan joined the Convention in 2002, and Denmark, Sweden and Switzerland in 2003. The Swiss ratification is particularly heartening news, since Switzerland has long been a major center for the trade of art and antiquities illegally exported from other countries. Moreover, in June 2003 the Swiss parliament adopted strong and comprehensive implementing legislation; it includes, for instance, full enactment of Article 10a.
Click here or the full text of the Convention. An up-to-date list of parties to the Convention can be found here.
Convention Concerning the Protection of the World Cultural and Natural Heritage (UNESCO 1972)
The 1972 UNESCO Convention on World Heritage aims at the preservation of immovable cultural property, such as buildings and monuments, and of natural sites, such as geological formations and the habitats of endangered species of animals and plants. This Convention has received wide international support, as it does not impose particularly onerous obligations on participating countries.
For the full text of the Convention, click here.
UNIDROIT Convention on Stolen or Illegally Exported Cultural Objects (UNIDROIT 1995)
The UNIDROIT Convention aims to harmonize the laws of participating countries regarding claims for the return of stolen or illegally exported cultural property. More specifically, it allows private individuals to bring claims for the return of stolen cultural property that has ended up in a foreign country; and it aims to clarify the extent to which importing countries are obliged to respect other countries' export-control laws. The UNDIROIT Convention should thus be regarded as complementary to the UNESCO Convention on cultural property. Thus far, only a handful of countries have joined the UNIDROIT Convention.
For the full text of the Convention, click here.
