A basic introduction to the key themes an issues relating to the management and stewardship of cultural property in museum, library, archive and gallery (cultural heritage) collections.

1. An introduction to Cultural
Property
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2. Definition
• Cultural Property is:
– Art & antiquities of cultural/religious significance
– Protected under International law
• “Immovables and movables, including monuments of architecture, art or
history, archaeological sites, works of art, manuscripts, books and other
objects of artistic, historical or archaeological interest, as well as scientific
collections of all kinds regardless of their origin or ownership.”
– 1854 Hague Convention on the Protection of Cultural Property

3. Key issues
• Preventing illicit trade nationally and internationally
• Restitution and repatriation of artefacts (also known as ‘return’)
• Ethical management of human remains
• Issues relating to looted art & artefacts (particularly between 1933-45)

4. Relevant laws/regulations
National legislation (UK)
•Dealing in Cultural Artefacts (Offences) Act 2003
•Return of Cultural Objects Regulations (1994)
•Article 8 of the Iraq Sanctions Order (2003)
•The Theft Act (1968)
•The Treasure Act (1996)
•The Export of Objects of Cultural Interest (Control) Order (2003)
•Human Tissue Act (2004)
International legislation
•Hague Convention on the Protection of Cultural Heritage during Armed Conflict (1954)
•Second Protocol to the Convention (1999)
•UNESCO Convention on Cultural Property (1970 - ratified in the UK in 2002)

5. Illicit trade
• ‘Illicit trade’ includes buying, selling or being involved in the transaction of:
– Objects stolen from their owners
– Objects removed illegally from archaeological sites or monuments
– Objects exported without export licenses
– The import/export of banned substances

6. Preventing illicit trade
• Every cultural heritage organisation can help combat the global illicit trade in
art and artefacts
– Secure your collections against theft
– Undertake due diligence when acquiring objects
– Observe appropriate process when disposing of objects
– Be alert to the risk of fraudulent activity

7. Restitution & repatriation
• Cultural heritage organisations have an ethical responsibility to address
requests for the return of material sensitively and with regard to due process
and accountability.
– Repatriation is the process by which cultural objects are returned to a
nation or state at the request of a government
– Restitution is the process by which cultural objects are returned to an
individual or a community
– These issues can collectively be referred to as 'return'

8. Managing Human Remains
• Cultural heritage institutions have a legal and ethical responsibility when
managing human remains as part of their collections
– Human remains have the potential to make a contribution to the public
good through research, teaching and in appropriate cases display
– Human remains commonly have personal, symbolic or religious
significance to individuals and communities which places a special
responsibility on those museums that hold them.

9. Looted art & artefacts (1933-45)
• A large number of cultural objects and works of art were systematically
looted by the Nazis and others during the Second World War and the
Holocaust Era from 1933-1945, an activity which is often described as
‘spoliation’.
– Public collections have a duty to identify objects within their collections
with an uncertain provenance from 1933-1945 and make reports on
these objects publicly available
– Spoliation Reports are published by UK museums on the Collections
Trust website with the support of the Arts Council England

10. Further information
• Further guidance and resources are provided on the Collections Trust
website at: http://www.collectionstrust.org.uk
Additional resources
• Arts Council England information on Cultural Property
• Information on Immunity from Seizure
• Institute of Art and Law
• International Council of Museums (UK)
• Museums Association Code of Ethics