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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,
Supporting a 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”,
Taking into 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:
a. Requesting the use of Interpol Notice on Stolen Works of Art,
b. Allowing access to the database to law enforcement agencies and
members of the public who have been provided with specific access
rights,
c. Asking for the increased use of ICOM’s Red List that works to prevent
cultural property from being stolen or illegally exported;
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2. 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;
3. Requests Member States to adopt measures to increase public awareness about
the importance of each culture’s heritage such as but not limited to:
a. Video clips,
b. Educational materials,
c. Decreasing entrance fees into museums;
4. Asks all bodies involved in the procedures that the Intergovernmental
Committee provide appropriate support to those countries undergoing
negotiations on the issue;
5. 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;
6. 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;
7. 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;
8. 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:
a. Border crossings,
b. Airports,
c. Customs and immigration posts;
9. Counteracts the illicit trade in cultural property by:
a. Urging international collaboration regarding the return or restitution of
cultural heritage by seeking ways of facilitating multilateral and
bilateral cooperation globally,
b. Encouraging the exchange of knowledge, experience and a common
set of rules between countries and institutions;
10. 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:
a. Forming an integral part of an identified monument archaeological
site,
b. Belonging to a public collection,
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c. 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;
11. Requests the collaboration with UNESCO and of the intergovernmental
committee on the issue of cultural objects restitution or return in order to:
a. Facilitate the bilateral negotiations,
b. Submit proposals with a view to mediation or conciliation to the
concerned Member States,
c. Promote restitution or return of cultural property,
d. Encourage the establishment of reinforcement of museums or other
institutions for the conservation of cultural property and the training of
the necessary scientific and technical personnel,
e. Report on its activities to the general conference of UNESCO at each
of its ordinary sessions,
f. Promote exchanges of cultural property in accordance with the
recommendation on the international exchange of cultural property;
12. 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:
a. Giving a worthy destination to the cultural object,
b. Respecting the conservation of such cultural objects,
c. Displaying the object in a place that is accessible by the public;
13. 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 acquisition of the country of origin’s
debt;
14. Decides to remain actively seized upon this matter.