About 1970 Convention
The return and restitution of cultural property is central to the Convention and its duty is not only to remember but to fundamentally safeguard the identity of peoples and promote peaceful societies whereby the spirit of solidarity will be strengthened.
Thus, the 1970 Convention is fully in line with the Sustainable Development Goals defined in the United Nations 2030 Agenda.
The historical context
By the 1950s, more States were gaining independence. These young nations sought to create an international treaty to combat the illicit trafficking of cultural property. Their concern was mainly related to the growth of the black market during this time and, in particular, to the dismemberment of monuments and ancient sites to meet the demand.
The 1970 Convention was thus submitted to the 16th session of the General Conference of the Organization in 1970 and adopted on the14th of November that year.
This Convention has made UNESCO a pioneer in the fight against the illicit trafficking of cultural property.
Principles
Prevention
The 1970 Convention gives a central role to prevention. Essential to the fight against illicit trafficking of cultural property, prevention can in particular consist of :
- the regular establishment of inventories;
- the establishment of export certificates;
- the application of controls and approval of traders;
- the application of criminal or administrative sanctions;
- the organization of information and education campaigns.
Restitution
Articles 7 and 13 of the 1970 convention provide the provisions for restitution.
For objects inventoried and stolen from a museum, public or religious monument, or a similar institution, article 7 paragraph (b) (ii), provides that States Parties should undertake appropriate measures to seize and return any cultural property stolen and imported. Article 13, states that parties are responsible at the national level in term of restitution and cooperation.
International cooperation
One of the guidelines of the 1970 Convention is the strengthening of international cooperation between States Parties.
Article 9 of the Convention commits States Parties to participate in any concerted international operation. It provides for the possibility of more specific actions within the framework of international cooperation such as the negotiation of bilateral treaties on the basis of Article 9 or the control of the export, import and international trade of cultural property.
In order to be more effective in the fight against the illicit trafficking of cultural property, UNESCO asked the International Institute for the Unification of Private Law (UNIDROIT) to study private law questions that are not directly dealt with by the 1970 Convention. The Convention on Stolen or Illegally Exported Cultural Objects (1995), supplements that of 1970 in terms of private law.
For cases of return or restitution that do not fall under the preceding provisions, such as objects stolen from private property or coming from illicit excavations or not yet listed, bilateral negotiations between States are encouraged, according to Article 9 of the Convention.
The UNESCO Intergovernmental Committee (ICPRCP) can also be solicited to facilitate bilateral negotiations between States concerning requests for the return and restitution of cultural property. The return or restitution of cultural property will therefore be carried out in the spirit of the 1970 Convention.
States Parties
To date, the 1970 Convention has been ratified by 145 states.
Ratification of the Convention by countries which are or have been hubs for illicit trafficking allows for joint efforts to combat illicit trafficking, which is part of the dynamic of international cooperation specific to UNESCO and the 1970 Convention.
The Convention entered into force on 24 April 1972 with respect to States which deposited their instruments of ratification, acceptance, approval or accession on or before 24 January 1972. The Convention enters into force three months after a State deposits its instrument of ratification, acceptance or accession.
States Parties should:
- Adopt protection measures in their territories (art. 5) :
elaborate draft appropriate national legislation
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
implement educational programmes to develop respect for cultural heritage
- Control movement of cultural property (art. 6 to 9) :
introduce a system of export certificates
prohibit the export of cultural property unless it is accompanied by an export certificate
prevent museums from buying objects exported from another State Party without an export certificate
prohibit the import of objects stolen from museums, religious institutions or public monuments
penal sanctions to be imposed on any person contravening these prohibitions
emergency import bans may be adopted when the cultural heritage of a State party is seriously endangered by intense looting of archaeological and ethnological artefacts (Afghanistan, Iraq, Syria, etc.)
require art dealers to maintain a register of the exact origin of each object they purchase
- Return stolen cultural property (art. 7):
at the request of the State Party of origin, another State Party will seize and return cultural property on its territory stolen from a museum, religious institution or public monument
the request has to be made through diplomatic channels
the object has to be documented as being part of the inventory of the institution the requesting
State has to pay just compensation to an owner who has purchased the object in good faith or holds a title which is valid according to national law
the requesting State has to provide all the evidence to support its claim