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
Tuesday, 13 November
2. Legal and Practical Measures Against Illicit
Trafficking in Cultural Property, UNESCO Handbook,
2006. Available in English, French, Spanish, Arabic, Russian
and Chinese
The Fight Against the Illicit of Cultural Objects and
the 1970 Conventions: Past and Future; Information
Kit (PDF); (Updated March 2018). Available in English and
French
LEGAL AND PRACTICAL INSTRUMENTS
3. Rules of Procedure for Mediation and
Conciliation. Available in English, French and Spanish.
Object ID Standard for describing art, antiques and
antiquities. Available in English, French and Spanish.
UNESCO International Code of Ethics for
Dealers in Cultural Property. Available in English
and French.
LEGAL AND PRACTICAL INSTRUMENTS
4. UNESCO-UNIDROIT Model Provisions on State Ownership
of Undiscovered Cultural Objects. Available in Available in
English, French and Spanish
UNESCO-INTERPOL-ICOM measures to fight the illicit
traffic on internet. Available in English, French, Spanish, Arabic,
Russian and Chinese
UNESCO-WCO Model Export Certificate : UNESCO and
its partners offers tools in order to help States Members and
States Parties to cooperate with each other
LEGAL AND PRACTICAL INSTRUMENTS
5. March 2015 – Launch of #Unite4Heritage by the UNESCO
Director-General launched an international campaign in Baghdad
(Iraq)
Part of broader mobilization of people to stand up for the
safeguarding of heritage threatened by violent extremism
and to provide a counter-narrative to propaganda: let us
celebrate and safeguard cultural heritage
AWARENESS RAISING ACTIVITIES
#UNITE4HERITAGE CAMPAING
6. AWARENESS RAISING ACTIVITIES
“HERITAGE IS IDENTITY, DON’T STEAL IT”
• Goal: to inform tourists who are likely to be offered cultural property of illicit origin
when travelling
• Distribution: Public spaces and travel areas (airports, train stations, travel offices,
etc.), touristic sites (like those inscribed on the World heritage List), embassies of the
concerned countries
10. AWARENESS RAISING
ACTIVITIES FOR CHILDREN
‘Cultural heritage in a box kit’
for students in the Orkhon Valley, Mongolia
Conceived by local teachers in specific workshops
It includes:
• games, copies of cultural objects, maps, open visual
materials
• key concepts for teachers (UNESCO Conventions,
Mongolian Legislative Framework, Heritage Sites across
Mongolia)
Distributed among the UNESCO Associated Schools
Network in Mongolia
11. AWARENESS RAISING
ACTIVITIES FOR CHILDREN
Comics for younger generations
adapted to Algeria, Mauritania,
Morocco and Tunisia
Conceived by local teachers in specific workshops
It includes:
• games, copies of cultural objects, maps, open visual materials
• key concepts for teachers (UNESCO Conventions, Mongolian
Legislative Framework, Heritage Sites across Mongolia)
Distributed among the UNESCO Associated Schools Network in
Mongolia
12. AWARENESS RAISING
ACTIVITIES FOR CHILDREN
Infographic movie for children in Iraq
• Animated cartoon in
Arabic to raise awareness
among young Iraqis of
the importance of
preserving their cultural
heritage
• Distributed in the context
of the “CivicValues
project” for adolescents
in Iraq
13. EMERGENCY ACTIONS
• The November 2014 Report (S/2014/815) of the Analytical Support and Sanctions Monitoring
Team made reference to how terrorist groups were generating income via illicit trafficking of cultural
property
• Terrorist groups encourage looting and plundering; and levy ‘taxes’ on the looters as a source of
revenue
15. High Level Meeting at UNESCO Headquarters on 1 April 2015
To strengthen coordination
mechanisms and map out the
effective implementation of UNSC
2199 with a view to improved
safeguarding of Iraqi and Syrian
Cultural Heritage
UNESCO partners participating in the meeting included: the UN Analytical Support
and Sanctions MonitoringTeam of the UN Security Council, INTERPOL,
UNODC,WCO, UNIDROIT, ICCROM, ICOMOS, ICOM, IFLA
UNESCO’s Partners
16. High-Level Meeting
Outcomes
Timeline and roadmap focused on coordination
mechanisms for information sharing and joint actions
Network of focal points to facilitate information
exchange
Guidelines for effective national measures for the
implementation of UN Resolution 2199 (Circular letters to
all Member States)
17. Paragraphs ( 15, 16 and 17) on Cultural Heritage:
15. Condemns the destruction of cultural heritage in Iraq and Syria particularly by ISIL and ANF, whether such destruction is
incidental or deliberate, including targeted destruction of religious sites and objects;
16. Notes with concern that ISIL, ANF and other individuals, groups, undertakings and entities associated with Al-
Qaida, are generating income from engaging directly or indirectly in the looting and smuggling of cultural heritage
items from archaeological sites, museums, libraries, archives, and other sites in Iraq and Syria, which is being used to support their
recruitment efforts and strengthen their operational capability to organize and carry out terrorist attacks;
17. Reaffirms its decision in paragraph 7 of resolution 1483 (2003) and decides that all Member States shall take appropriate
steps to prevent the trade in Iraqi and Syrian cultural property and other items of archaeological, historical, cultural, rare
scientific, and religious importance illegally removed from Iraq since 6 August 1990 and from Syria since 15 March 2011,
including by prohibiting cross-border trade in such items, thereby allowing for their eventual safe return to the Iraqi and
Syrian people and calls upon the United Nations Educational, Scientific, and Cultural Organization, Interpol, and other
international organizations, as appropriate, to assist in the implementation of this paragraph;
UNSC Resolution 2199 February 2015
18. UNSC 2199 Resolution
• Reaffirms the prohibition of cultural goods illegally removed from
Iraq since 6 August 1990
• Extend this prohibition to cultural goods illegally removed from Syria
since 15 March 2011
Consequence : Hobby Lobby Case, 2017
• 5,500 archeological items illegally exported from Iraq and imported in
USA
• US Eastern District of New-York Court decision (05/07/2017) 3 million
dollars fine and obligation of restitution
20. 6 paragraphs (14, 15, 23, 24, 25 and 97) on the fight against terrorist financing
24. Highlights the importance of strong relationships with the private sector in countering the
financing of terrorism and calls upon Member States to engage with financial institutions and share
information on terrorist financing (TF) risks to provide greater context for their work in identifying
potential TF activity related to ISIL, Al-Qaida, and associated individuals, groups, undertakings and entities,
and to promote stronger relationships between governments and the private sector in
countering terrorist financing
UNSC Resolution 2253 December 2015
22. UNSC 2347 Resolution
• First UNSC Resolution entirely dedicated to the protection of cultural heritage
• Encourages Member States to ratify the relevant international conventions
• Requests Member States to prohibit cross-border trade of cultural property
where States have a reasonable suspicion that the items originate from a
context of armed conflicts
• Urges Member States to criminalize offences against cultural heritage
• Urges Member States to develop law enforcement and judicial international
cooperation
23. UNSC 2347 Resolution
• Calls upon Member States to request and provide cooperation in
investigations, prosecutions, seizure and confiscation as well as the
return, restitution or repatriation of trafficked, illicitly exported or
imported, stolen, looted, illicitly excavated or illicitly traded cultural
property, and judicial proceedings
• Calls upon Member States to take the following measures : inventories of
cultural property, specialized units against illicit trafficking (customs, law
enforcement), specialized prosecutors, databases of stolen cultural goods,
awareness raising campaigns, etc.
24. Relevant paragraphs of Resolution 2347 ( 8, 9, 10, 12, 15, 17)
8: all actions taken that concern the prohibition of trade and the restitutions of Syrian and Iraqi goods,
and the freezing of financial assets
9 and 10: the adoption of legislative and operational measures to fight against trafficking and qualify it
as a serious offense, and the suggestion of a list of people and entities implicated in trafficking.
11 and 12: the elaboration of cooperation between judiciary and police forces, and in terms of
investigations, seizures, returns and restitutions.
15: the payment of contributions to UNESCO’s Emergency Fund for Heritage, and the recovery of
cultural goods according to UNESCO’s Conventions
25. 17: adoption of measures to prevent and fight the illicit trafficking of exported and imported cultural goods
through:
oThe creation of digitized and accessible inventories
oThe creation of databases for stolen goods, and for national legislation’s usage and contribution to
UNESCO’s bases.
oThe establishment of standards for museums and the art market in provenance certifications and due
diligence, the sharing of lists of cultural sites under terrorist control, the development of education and
awareness,
the creation of educational programmes on the protection of cultural heritage and raising public awareness
of illicit trafficking.
26. CHALLENGES
Lack of reliable data and information
Lack of adequate means to respond to emergency situations encountered
Limitations of UNESCO’s mandate prevent action in situations of active conflict
27. WHAT CAN BE DONE NOW ?
Governments should:
• share information regularly and as transparently as possible, including on zones of illicit excavations;
• review relevant national legislation on the implementation of the UNESCO and UNIDROIT Conventions;
• implement UN SC Resolution 2199, 2253 and 2347 to the extent possible.
Local/international NGO’s and international organizations should define their roles to:
• Strengthen collaboration
• Avoid overlap
• Ensure most effective use of limited financial and human resources
28. NATIONAL LEVEL
Sign bilateral agreements with online platforms
Allows law enforcement bodies to access all the information they
need on suspicious users
Display the Interpol-UNESCO warning
Allows users to be aware of the risks they take when purchasing
art and antiquities online
05/12/2018
29. INTERNATIONAL LEVEL
Sharing information with Interpol WOA Unit
For stolen objects, as well as discovered ones
Contact UNESCO 1970 Secretariat which can assist States
Parties with the procedure
05/12/2018