FIGHTING AGAINST THE ILLICIT TRAFFICKING OF CULTURAL PROPERTY Cross-border training workshop for authorities from the Republic of Moldova and Romania Rome, Italy, 12-16 November 2018 Monday, 12 November

1. International Law on the
Protection of Cultural Heritage
11-12 November 2018,
Rome - Italy

2. Convention for the
Protection of Cultural
Property in the Event
of Armed Conflict
(1954)

3. States Parties
Overview of the 1954 Hague Convention
and its two Protocols (1954 and 1999)

4. “Cultural Property”
under the 1954
Convention means:
Movable cultural
property
Immovable
cultural property
Key elements of the 1954 Hague
Convention and its two Protocols (1954
and 1999)

5. The concept of
“Protection” under the
Convention
Safeguarding
Respect for
cultural property
Key elements of the 1954 Hague
Convention and its two Protocols (1954
and 1999)

6. Key elements of the 1954 Hague
Convention and its two Protocols (1954 and
1999)
Protectionregimes
General
Protection
Special
Protection
Enhanced
Protection

7. 1999 Second Protocol
Clarifies the
concept of
“Military
necessity”
Establishes the
“enhanced
protection”
regime
Elaborates
individual criminal
responsibility for
crimes against
cultural property
Establishes Fund
for the Protection
of Cultural
Property in the
Event of Armed
Conflict
Establishes the
Committee for
the Protection of
Cultural Property
in the Event of
Armed Conflict
Key elements of the 1954 Hague
Convention and its two Protocols (1954
and 1999)

8. II. The UNESCO convention on
the means of prohibiting and
preventing the illicit import,
export and transfer of
ownership of cultural property
(1970)

9. UNESCO 1970 Convention
 Adopted by the 16th General Conference of UNESCO on 14 November 1970.
 It is the first international legal framework for the fight against the illicit trafficking
of cultural property.
 Non-retroactivity of the Convention
 Definition of cultural property (art. 1 and 4): the adopted definition is very wide,
but property has to be explicitly designated by the States as important for its
archaeology, prehistory, history, literature, art or science.
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10. 1970 CONVENTION: RATIFICATIONS
 137 States Parties
10
Romania - 06/12/1993
Republic of Moldova –
14/09/2007

11. 1970 CONVENTION3 PILLARS
 Interconnectivity
 Complementarity
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12. 1st pillar
preventive measures
National
services
National
inventories
Eductionnal
campaigns
Export
certificates
Laws for
the
protection
of cultural
property
Promotion
of
museums
Rules for
curators &
dealers
Sanctions
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13.  Establish national services for the protection of cultural heritage
 Promote museums, libraries, archives
 Establish national inventories
 Encourage adoption of codes of conduct for dealers in cultural property
State parties shall:
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14. State parties shall:
 Implement educational programs to develop respect for cultural heritage
 Introduce a system of export certificate
 Impose penalties or administrative sanctions
 Establish specialized police and customs forces
14

15. Article 7 (a)
prevent museums and similar institutions from acquiring illegally
exported cultural property originating from another State Party;
Importance of the knowledge of foreign law
Article 7 (a)
prohibit the import of cultural property stolen from a museum or a
religious or secular public monument or from similar institution in
another State Party (provided that such property is in the inventory
of that institution);
Importance of inventories and information about thefts
Rules for
curators &
dealers
15

16. 2nd pillar
Restitution provisions
Article 7 (b), (ii)
States Parties undertake, at the request of the State of origin, to take
appropriate steps to recover and return any such cultural property imported
after the entry into force of the Convention in both States concerned,
provided, however, that the requesting State shall pay just compensation to
an innocent purchaser or to person who has a valid title to that property.
Requests for recovery and return shall be made through diplomatic channels 16

17. Restitution
 after the entry into force of the Convention in both States concerned: no
retroactivity of the Convention
 “just compensation” is paid to an innocent purchaser or to person who has a
valid title to that property : no definition of just compensation and innocent
purchaser
 diplomatic channels: the requesting State has to produce the evidences
 only applies to inventoried objects stolen from a museum, a religious or
secular public monument or a similar institution: not from private collection
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18. Article 13
The Parties to the Convention are required to have their police forces and other
competent authorities cooperate to ensure speedy return and restitution of
trafficked items
COOPERATION
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19. Successful bilateral restitutions through the
implementation of the 1970 Convention
The 1970 UNESCO Convention and the laws which are subsequent to its implementation at
the national level are useful for the national authorities of State Parties which would like to
return one or several cultural objects to another country.
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20. 3Rd pillar
International cooperation
PROJET ILLICID
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21. Encourage the international cooperation
Article 9
any State to the Convention whose cultural patrimony is in jeopardy from pillage of
archaeological or ethnological materials may call upon other States Parties who are
affected;
The State Parties are invited to participate in a concerted international effort to
determine and to carry out the necessary concrete measures, including the control
of exports and imports and international commerce in the specific material
concerned
 Especially in case of Emergency situations (Afghanistan, Iraq, Haiti, Libya, Syria
and Mali)
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22. Thank you
Section of Movable Heritage and
Museums
convention1970@unesco.org
www.unesco.org/culture/fr/illicittrafficking