Cultural Property: its Illicit Trafficking and Restitution

• Tomb moments after being pillaged, Bolivia © P. Lecoq/UNESCO

In addition to a vigorous lawful trade, which contributes to the appreciation of various forms of art and varieties of cultural expressions, an international illicit traffic is steadily growing. Theft, looting, illicit importation and exportation of cultural property are well-known practices, which touch first and foremost archaeological sites, religious edifices, cultural institutions and museums as well as public and private collections in the worldwide.

I - Normative action

To better fight such a reprehensible phenomenon, multilateral treaties have been elaborated: 

• Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict (1954) and its two protocols (1954 and 1999) 
• UNESCO Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property (1970)
• UNIDROIT Convention on Stolen or Illegally Exported Cultural Objects (1995)
• Convention on the Protection of the Underwater Cultural Heritage (2001)
• Convention for the Safeguarding of the Intangible Cultural Heritage (2003)
• Convention on the Protection and Promotion of the Diversity of Cultural Expressions (2005)

An information note has been prepared to facilitate the understanding of the complimentarity between and the functioning of the 1970 UNESCO Convention and the 1995 UNIDROIT Convention.

II - Diplomatic action and "good offices"

UNESCO has been actively involved in the return and restitution of cultural property for many years (see Speech pronounced by the UNESCO Director-General in 1978:" To Plea for the Return of the year Irreplaceable Cultural Heritage to those who Created It").

An Intergovernmental Committee for Promoting the Return of Cultural Property to its Countries of Origin or its Restitution in Case of Illicit Appropriation was established to deal with more exceptional cases generally outside the scope of these international treaties.

The Fund of the Intergovernmental Committee for Promoting the Return of Cultural Property to its Countries of Origin or its Restitution in case of Illicit Appropriation, maintained by voluntary contributions from States and private donors, aims to support Member States in their efforts to pursue the return or restitution of cultural property.

An Information Kit on the Restitution of Cultural Property has been prepared for a clearer understanding of this complex procedure.

III - Practical and ethical instruments

Further practical tools and ethical instruments have been developed by UNESCO to contribute to the fight against illicit traffic:

1.Traffic on the Internet: In response to growing illicit traffic in cultural property and an awareness of the difficulties encountered by national authorities in overcoming this phenomenon, UNESCO, in close collaboration with INTERPOL and ICOM, drafted a document advising to its Member States on Basic Actions concerning Cultural Objects being offered for Sale over the Internet.

2.The inventory of cultural properties: the Object ID Standard

3. UNESCO-OMD Model export certificate for cultural objects

4. Databases:

5. Codes of Ethics:

6- ICOM – Red list of cultural objects at risk:

IV- Training workshops

UNESCO's Secretariat organizes information meetings and national and regional training workshops to promote the international Conventions and other related practical tools for protecting cultural heritage objects and the fight against illicit traffic.

For more information:

• Emergency actions and partnerships
• UNESCO 2010-2011 Objectives for enhancing the protection of cultural objects and fighting illicit trafficking (35 C/5)
• UNESCO Handbook: Legal and Practical Measures against Illicit Trafficking in Cultural Property (2006)
• Bibliography on illicit trafficking in cultural property