The theft and redemption of history.

AuthorHladik, Jan
PositionIncludes related articles - International agreement on addressing the problem of stolen cultural objects

* Gold Mycenaean jewelry RESTORED to Greece

* Pre-Columbian artifacts RETURN to Ecuador

* Cambodia RECLAIMS two 'missing' objects

A collection of over 12,000 pre-Columbian objects was returned in 1983 to Ecuador from Italy a litigation lasting several years. They had been illegally exported from Ecuador and brought to Italy in 1975. Following their import to Italy, the public prosecutor in Genoa had sequestrated them at the request of Ecuador. During the litigation, they were deposited with the Federico Lunardi Museum in Genoa. Finally, in January 1983, the Turin Magistrature ordered the return oft he collection to the Ecuadorean consul in Turin.

Each day, journals and newspapers all over the world publish articles on the theft of cultural objects in museum and galleries, unscrupulous traffickers in artifacts looted during clandestine excavations, and adventurers pillaging ancient ship-wrecks. The scourge of illicit traffic in cultural property affects all regions of the world and usually wealthy countries, as much as poor ones.

The United Nations Educational, Scientific and Cultural Organization (UNESCO), as the United Nations agency responsible for the conservation and protection of the world's work of art and monuments of history and science, is very much concerned with this situation. In 1970, the General Conference of UNESCO adopted the Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property. This Convention was, until 1995, the only worldwide international agreement aimed at curbing illicit trafficking and export of cultural property (currently 87 States are Parties to it).

In 1995, the Diplomatic Conference in Rome adopted the UNIDROIT Convention on Stolen or Illegally Exported Cultural Objects (not yet entered into force). This instrument was drafted at the request and with the close cooperation of UNESCO to complement the Convention, with provision on private law concerning illicit traffic.

In implementing the 1970 Convention, the Secretariat of UNESCO undertakes various activities. It publishes, upon request from the States Parties to the Convention, notices of stolen cultural property, containing descriptions and photographs of stolen objects, contact addresses and other relevant information on the theft. Such notices are widely distributed to the States Parties to the Convention and other concerned bodies. Since 1986, 30 notices have been published.

The Secretariat also assists in drafting national legislation on the protection of cultural heritage. As an example, legislation drafted with the assistance of a UNESCO consultant was adopted in Cambodia in December 1995.

It should be pointed out that these Conventions are not retroactive and do not cover the removal of cultural objects during the colonial period. There are also other cases in which the removal of cultural property occurred before the...

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