UNIDROIT AND THE G20 MINISTERS OF CULTURE DECLARATION
On the occasion of the G20 Culture Ministers meeting, held in Rome on 29 and 30 July 2021, the Rome declaration has been adopted which, among other, reiterate the concern for the growing illicit trafficking of cultural property and call on the international community to take strong and effective measures, including “ratification of relevant international agreements and Conventions and progress on further development and better implementation of international standards, in strong cooperation with relevant international organisations including UNESCO, ICCROM, ICOM, ICOMOS and UNIDROIT”.
Rome Declaration of the G20 Ministers of Culture
PERU REVISES ITS CONSTITUTION FOLLOWING THE UNESCO-UNIDROIT MODEL PROVISIONS
On 19 July 2021, the Peruvian Congress adopted a revision of the Constitution amending its Article 21 (Law Nº 31304 published on the Official Gazette on 23 July 2021). This law establishes State ownership of undiscovered cultural property and the explanatory memorandum of the law refers to the UNESCO- Unidroit Model Provisions on State Ownership of Undiscovered Cultural Objects as the basis for this reform.
See Law Nº 31304
See the UNESCO-UNIDROIT Model Provisions
UNIDROIT ATTENDS THE FIRST MEETING OF THE ECOWAS REGIONAL MONITORING COMMITTEE ON THE ACTION PLAN 2019-2023 FOR THE RETURN OF CULTURAL PROPERTY TO THEIR COUNTRIES OF ORIGIN
From 29 June to 1st July 2021, UNIDROIT was invited to attend the first meeting of the Regional Monitoring Committee on the ECOWAS Action Plan for the Return of Cultural Property to their Countries of Origin, organised in Cotonou (Benin).
Prof. Ignacio Tirado, Secretary General of UNIDROIT, participated in the opening session of the meeting to reiterate UNIDROIT’s support in accompanying ECOWAS Member States towards ratification of the 1995 UNIDROIT Convention on Stolen or Illegally Exported Cultural Objects which is one of the goals of the ECOWAS Action Plan.
The ECOWAS Action Plan 2019-2023 was approved by the Authority of Heads of State and Government in December 2019, with the aim of contributing to the returning ECOWAS Member States’ cultural goods to their countries of origin. The Action Plan in its implementation mechanism, provides for the establishment of a Regional Committee in charge of the monitoring of the Action Plan.
The Regional Monitoring Committee is mandated among others to validate the roadmap of the Action Plan, ensure compliance with the Action Plan roadmap and report to Heads of State on the implementation of the Action Plan.
Ms Marina Schneider, Principal Legal Officer and Treaty Depositary at UNIDROIT, attended the meeting and recalled the Committee the role and challenges of the 1995 UNIDROIT Convention in the implementation of the Action Plan and thanked ECOWAS for the advocacy made in favour of the 1970 UNESCO and 1995 UNIDROIT Conventions with its Member States.
UNIDROIT congratulated Benin for the entry into force of the 1995 UNIDROIT Convention in its country on the 1st July and stressed its support in the implementation.
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| Hon. Jean-Michel Abimbola, Minister of Culture and Tourism of the Republic of Benin, with the Regional Monitoring Committee’s members, eminent personalities from the political, diplomatic and cultural world | Hon. Jean-Michel Abimbola, Minister of Culture and Tourism of the Republic of Benin at the opening session |
UNIDROIT ATTENDS THE ASIA-PACIFIC REGIONAL CONFERENCE TO CELEBRATE THE 50TH ANNIVERSARY OF THE UNESCO 1970 CONVENTION – CALL FOR RATIFICATION OF THE 1970 AND 1995 CONVENTIONS IN THE REGION
Ms Marina Schneider, Principal Legal Officer and Treaty Depositary at UNIDROIT attended the regional conference from 29 to 30 June 2021 as part of the celebration of the 50th anniversary of the 1970 Convention on Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property, organised by the UNESCO Office in Bangkok. One of the objectives of the conference was to identify current obstacles to the ratification of the 1970 UNESCO and 1995 UNIDROIT Conventions and suggest ways for UNESCO Member States in the region to join these instruments.
The Conference’s aim was to raise awareness in Asia and the Pacific on the urgency to strengthen efforts against illicit trafficking of cultural property, as well as to ratify and implement the 1970 UNESCO and the 1995 UNIDROIT Conventions, in view of the low rate of ratification in the region. The 1995 UNIDROIT Convention was ratified by 7 countries, Afghanistan, Cambodia, China, Iran, Lao People’s Democratic Republic, Myanmar and New Zealand (which ratified both instruments at the same time to stress their complementarity), and Pakistan is a Signatory State. A presentation of the 1995 UNIDROIT Convention was made in the introductory session and a specific panel was dedicated to “Challenges of ratification of the two Conventions and legislative convergence”.
At the end of the conference, the participants agreed on a list of challenges and priorities – among which the ratification of the 1970 and 1995 Conventions –, best practices and recommendations, which will be compiled in a report to be presented at the International Conference celebrating the 50th anniversary of the 1970 Convention, tentatively scheduled for 14 September 2021.
H.E. Dr. Phoeurng Sackona, Minister of Culture and Fine Arts, Cambodia, and Mr. Hu Bing, Deputy Administrator, National Cultural Heritage Administration, China, concluded the Conference recalling the importance for countries of the region to become a Party to the 1970 UNESCO and 1995 UNIDROIT Conventions.
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| H.E. Dr. Phoeurng Sackona, Minister of Culture and Fine Arts, Cambodia | Mr. Hu Bing, Deputy Administrator, National Cultural Heritage Administration, China |
The meeting recordings are available on UNESCO’s YouTube Channel
To learn more about the 1995 UNIDROIT Convention on Stolen or Illegally Exported Cultural Objects
UNIDROIT PARTICIPATES IN THE SUMMERSCHOOL OF THE ART-LAW CENTRE AND THE UNESCO CHAIR IN THE INTERNATIONAL LAW OF THE PROTECTION OF CULTURAL HERITAGE OF THE UNIVERSITY OF GENEVA
On 23 June 2021, Ms Marina Schneider, Principal Legal Officer and Treaty Depositary at UNIDROIT, participated in the 2021 edition of the Summerschool of the Art-Law Centre and the UNESCO Chair in the International Law of the Protection of Cultural Heritage of the University of Geneva. Together with Ms Zeynep Boz, Head of Department at the Ministry of Culture and Tourism, General Directorate for Cultural Heritage and Museums Department of Combating Illicit Trafficking of the Republic of Turkey, they presented “the fight against the illicit trafficking through national laws and international instruments”.
The Summerschool aims to develop the students’ awareness and general understanding of the main substantive themes of international cultural heritage law, namely: the trade in cultural objects; the restitution of stolen or looted artworks; the protection of cultural property in the event of armed conflict. UNIDROIT participated in the 2021 edition as an activity of its UNIDROIT Convention Academic Project (UCAP).
Education is a key tool in protecting cultural property and combating illicit traffic and UCAP is meant to increase the awareness and knowledge about the 1995 UNIDROIT Convention on Stolen or Illegally Exported Cultural Objects as its main objective is to promote a favourable legal environment for restitution and return of stolen or illegally exported cultural objects through knowledge sharing and dissemination. UCAP also provides an opportunity to assess the significance, the distinctive features and operational aspects of the 1995 Convention and its interaction with other regional and international instruments.
The presentation was divided into three parts, a short introduction on interaction between national laws and international instruments, a practical presentation of the 1970 UNESCO Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property by Ms Boz and a presentation of the 1995 UNIDROIT Convention on Stolen or Illegally Exported Cultural Objects by Ms Schneider, with a lively interaction with the participating students.
Learn more about the Summerschool of the Art-Law Centre and the UNESCO Chair in the International Law of the Protection of Cultural Heritage of the University of Geneva
See programme 2021
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UNIDROIT AT THE WEBINAR “TRAFFICKING IN CULTURAL PROPERTY: THE BUSINESS OF THE ORGANIZED CRIME”
On 20 May 2021, UNIDROIT participated in the regional webinar “Trafficking in Cultural Property: The Business of Organised Crime”, organised by the Justice Systems Cooperation Component of the EL PAcCTO programme (Europe Latin America Programme of Assistance against Transnational Organised Crime).
On this very sensitive subject for Latin America which has been and is particularly affected by the looting and trafficking in ecclesiastical objects and archaeological materials, the EL PAcCTO programme has published a guide on the fight against illicit trafficking in cultural property, entitled Diagnóstico de la situación y de las herramientas existentes en la lucha contra los delitos de tráfico ilícito de bienes culturales.
UNIDROIT, and its Academic Project (UCAP) welcome this fundamental tool for the authorities in charge of the investigation of crimes against cultural heritage, with a special focus on illicit trafficking in cultural property. In addition to the members of the prosecutors’ offices and police forces of the different countries, this text can also be used by other authorities, such as judges, customs officers or cultural authorities. It gives an excellent overview of the national and international instruments – among which the 1995 UNIDROIT Convention on Stolen or Illegally Exported Cultural Objects – for the protection of cultural property, as well as of the tools for judicial international cooperation.
This webinar was opened by Juan Gama and Xavier Cousquer, Co-Directors of EL PAcCTO, and presented by Antonio Roma, Coordinator of the component of cooperation between Justice Systems of EL PAcCTO. It was attended by a large number of participants and the following subjects were addressed:
- Walter Alva, archaeologist, Peru: Looting and destruction of sites
- Martina González Antolín, National Police Force, Spain: Examples of the fight against illicit trafficking in cultural property
- Lina Nagel, Ministry of Culture, Chile: Collaboration between ministries of culture in the fight against illicit trafficking in cultural property
- Marina Schneider, UNIDROIT: International instruments for the restitution of property
- José de la Mata, EUROJUST
- Paolo Pellegrini, INTERPOL: the Database on Stolen Works of Art and the ID-ART Mobile App
- Valeria Calaza, Attorney General’s Office of the Argentine Republic: The Guide for investigation in Crimes of Trafficking in Cultural Property in Latin America as a tool for the protection of Latin American cultural heritage
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| Walter Alva, archaeologist, Peru |
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| Marina Schneider, UNIDROIT |
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| BIENES-CULTURALES.pdf (elpaccto.eu) |
UNIDROIT CELEBRATES THE INTERNATIONAL MUSEUM DAY 2021 PARTICIPATING IN A NATIONAL WORKSHOP ON THE PROTECTION OF CULTURAL PROPERTY IN SOMALIA
On the occasion of the International Museum Day 2021, and after the reopening of the National Museum of Somalia on 1 July 2020 after being closed for almost 30 years due to civil war and conflict, UNIDROIT was invited to celebrate with the Somali authorities and participate in a hybrid National workshop on the protection of cultural property in Somalia, organised by the Somali Academy of Science and Arts (SOMASA) together with UNESCO and in partnership with the African Union, UNIDROIT and ICOM.
After the opening remarks of H.E. Abdullahi Abukar Haji Abdullahi, Minister of Education, Culture and Higher Education, Mr Lazare Eloundou, Director of UNESCO Culture and Emergencies Entity and Ms Angela Martins, Director of Culture at the African Union Commission, Ms Karalyn Monteil, Programme Specialist for Culture at the UNESCO Regional Office for Eastern Africa, introduced the UNESCO’s normative frameworks for the protection of cultural property, including museums and collections. Ms Marina Schneider, Principal Legal Officer and Treaty Depositary at UNIDROIT, then presented the 1995 UNIDROIT Convention on Stolen or Illegally Exported Cultural Objects and its benefits for Somalia together with the UNESCO-UNIDROIT Model Provisions on State Ownership of Undiscovered Cultural Objects. Mr Terry Nyambe, member of the Executive Council of ICOM then introduced the International Council on Museums, its network and resources to support the revival of the National Museum of Somalia.
During the second session, Somali experts presented the mission, vision and goals of the National Museum of Somalia (Prof. Ahmed Mohamed Si’id, Director), the past, present and future of the collections of the Museum (Prof. Osman Gedow Amir, national expert of natural heritage) and the current level of protection of cultural property in Somalia with a particular focus on the needs and priority of archaeological sites in Somalia (Prof. Osman Yusuf Mohamed, archaeologist).
After discussion on recommendations for priority actions in the prevention and fight against illicit traffic of cultural property in Somalia moderated by Mr Abdulkadir Nur, Chairperson of SOMASA, participants recommended, among other actions, the development of national legislation for the protection of cultural objects, the ratification of the 1970 UNESCO and 1995 UNIDROIT Conventions, capacity building for museum professionals and awareness raising for local communities.
See Programme
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| H.E. Abdullahi Abukar Haji Abdullahi, Somali Minister of Education, Culture and Higher Education presenting his opening remarks. |
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| The participants to the workshop at the Somali Academy of Science and Arts (SOMASA) |
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| National Museum of Somalia |
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| https://icom.museum/en/our-actions/events/international-museum-day/ |
UNIDROIT AND PARTNERS ORGANISE AN INTERNATIONAL CONFERENCE ON “ORPHAN CULTURAL WORKS”
The University of Geneva, UNIDROIT and the Fondation Gandur pour l’Art are organising a conference on 4 and 5 February 2021 on the theme of “Orphan Works”.
We will thus hear about archaeological and ethnographic objects, and more broadly works of art, which were in the collections, but for which there are neither archives nor material proof of their existence in these collections.
If it is understood that all archaeological / ethnographic acquisitions must be made in accordance with the 1970 UNESCO and 1995 UNIDROIT Conventions for those States which have ratified them, in Switzerland, the LTBC, what should be done with works without archives – and what should be done with them if their owners wish to move, sell or lend them? What should be envisaged for the future? Could the regularisation of private collections – in forms to be studied – be made possible ?
We wish to initiate a reflection without taboos between the various protagonists involved in the art market: collectors, gallery owners, lawyers, historians and archaeologists, academics, museums, in order to find, in the long term, a reasonable solution that takes into account reality and does not harm either the objects, the bona fide owners or the researchers.
The Conference will be held in English and French with simultaneous interpretation.
Due to the sanitary measures, the conference will be done in presence and / or line and upon previous registration.
Registration is closed but the Conference will be available in live streaming using the following link
4-5, International Conference “What Prospects for ‘Orphan Objects’”
18 May 2021, International Museum Day 2021
20 May, 2021, Regional Webinar “Trafficking in Cultural Property: The Business of Organised Crime”
29-30 July 202, G20 Culture Ministers meeting (Rome)