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treaties and declarations
This
page considers international agreements, national legislation
and protocols regarding the protection and repatriation of
cultural heritage. It also highlights legislation and protocols
regarding the repatriation by museums and research institutions
of human remains.
It covers -
introduction
[under development]
1954 Hague Convention
The Hague Convention for the Protection of Cultural Property
in the Event of Armed Conflict (here)
was adopted in 1954 in response to looting of European cultural
heritage during and after the 1939-45 War. A first Protocol
was adopted in 1954, with a second Protocol in 1999.
The Convention covers immovable and movable cultural property,
including architectural and historic monuments, archaeological
sites, art works, manuscripts, books and scientific collections
of all kinds, regardless of their origin or ownership
Nations adhering to the 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
and are obliged to assist the authorities of any occupied
nation with the protection of that nation's cultural patrimony.
The Protocols include an undertaking to prevent export of
cultural property from an occupied territory 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 2005 some 114 nations had formally ratified or acceded
to the Convention, with 87 to the two Protocols. Australia
ratified the Convention in 1984.
1970 UNESCO Convention
The 1970 UNESCO Convention on the Means of Prohibiting
& Preventing the Illicit Import, Export & Transfer
of Ownership of Cultural Property (here)
originated in concern about the illicit trade in antiquities
and the associated incentive for looting archaeological sites.
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.
It
obliges nations to prohibit importation of cultural property
stolen from a museum or monument in another participating
country. Nations whose archaeological or ethnological patrimony
is in jeopardy from pillage may seek support from other nations
in protecting affected categories of materials, for example
through restrictions on imports and exports.
Nations are pledged to oblige antiquities dealers "to
maintain a register recording the origin of each item of cultural
property, names and addresses of the supplier, description
and price of each item sold".
As of 2005 some 103 countries, including Australia and the
US, have joined the Convention. The United States has implemented
the Convention through the Convention on Cultural Property
Implementation Act (CCPIA), which however excludes to the
register provisions in Article 10a on the basis that that
regulation of dealers is appropriately left to state and local
governments.
1972 UNESCO Convention
The 1972 UNESCO Convention Concerning the Protection of the
World Cultural & Natural Heritage, often referred to as
the UNESCO Convention on World Heritage, is concerned with
preservation of
- immovable
cultural property, such as buildings and monuments
- natural
sites, such as the habitats of endangered species and geological
formations
It
has been popular among governments because it features few
onerous obligations.
UNIDROIT
The 1995 UNIDROIT Convention on Stolen or Illegally Exported
Cultural Objects (here)
complements the 1970 UNESCO Convention on Cultural Property.
It was drafted at UNESCO's request by the International
Institute for the Unification of Private Law (UNIDROIT).
The Convention aims to harmonise national laws regarding claims
for the repatriation of illegally exported or stolen cultural
property and to clarify the extent to which importing countries
are obliged to respect other countries' export-control laws.
In particular, it allows private individuals to bring claims
for return of stolen cultural property identified in another
country foreign country.
As of 2005 it has gained the commitment of only a handful
of nations.
2003 UNESCO Declaration
The 2003 UNESCO Declaration Concerning the International
Destruction of Cultural Heritage (here)
and 2003 International Convention for the Safeguarding
of the Intangible Cultural Heritage (here)
are awaiting formal ratification.
studies and resources
In addition to resources highlighted in the preceding pages
of this note see the dated but still valuable 1988 UNESCO
Handbook of National Regulations Concerning the Export
of Cultural Property (PDF)
by Lyndel Prott & Patrick O'Keefe and papers in Art
& Cultural Heritage: Law, Policy & Practice (Cambridge:
Cambridge Uni Press 2006) edited by Barbara Hoffman.
For an exploration of the UNIDROIT Convention see Laurence
Kaye's Art Wars: The Repatriation Battle (PDF)
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