Return or Restitution of Cultural Property to the Countries of Origin

A/RES/64/78No PDF available

Who created this mandate?

A Resolution of the General Assembly, under agenda item 43Return or restitution of cultural property to the countries of origin, published in 2010.

What other versions does this mandate have?

18 versions · 1979–2024

This is an older version — the most recent is A/RES/79/133

2024A/RES/79/133Return or restitution of cultural property to the countries of originLatestCompare with previous version
2021A/RES/76/16Return or restitution of cultural property to the countries of originCompare with previous version
2018A/RES/73/130Return or restitution of cultural property to the countries of originCompare with previous version
2015A/RES/70/76Return or restitution of cultural property to the countries of originCompare with previous version
2013A/RES/67/80Return or restitution of cultural property to the countries of originCompare with previous version

Versions are identified automatically by matching titles within the same organ (~97% accuracy on a manual audit).

What does this mandate say?

24 operative paragraphs

Commends the United Nations Educational, Scientific and Cultural Organization and the Intergovernmental Committee for Promoting the Return of Cultural Property to its Countries of Origin or its Restitution in Case of Illicit Appropriation on the work they have accomplished, in particular through the promotion of bilateral negotiations, for the return or restitution of cultural property, the preparation of inventories of movable cultural property and the implementation of the Object-ID standard related thereto, as well as for the reduction of illicit traffic in cultural property and the dissemination of information and tools to the public, institutions, Member States and others, and encourages the continuation of such endeavours;

Takes note of the hosting by the United Nations Educational, Scientific and Cultural Organization of regional training sessions and international meetings, such as the 2008 Athens International Conference on the Return of Cultural Property to its Country of Origin and the 2008 extraordinary session of the Intergovernmental Committee for Promoting the Return of Cultural Property to its Countries of Origin or its Restitution in Case of Illicit Appropriation, held in Seoul, in celebration of its thirtieth anniversary, as well as their recommendations, and the 2008 meeting of the non-governmental experts, held during the extraordinary session of the Intergovernmental Committee, under the auspices of the Republic of Korea;

Calls upon all relevant bodies, agencies, funds and programmes of the United Nations system and other relevant intergovernmental organizations to work in coordination with the United Nations Educational, Scientific and Cultural Organization, within their mandates and in cooperation with Member States, in order to continue to address the issue of return or restitution of cultural property to the countries of origin and to provide appropriate support accordingly;

Reaffirms the importance of the Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property,3 as well as the Convention on Stolen or Illegally Exported Cultural Objects of the International Institute for the Unification of Private Law,5 and of their implementation, and invites Member States that have not already done so to consider becoming parties to these Conventions;

Recognizes the importance of the Convention on the Protection of the Underwater Cultural Heritage6 and the Convention on the Protection and Promotion of the Diversity of Cultural Expressions,8 and invites Member States that have not already done so to consider becoming parties to these Conventions;

Also recognizes the importance of the United Nations Convention on Jurisdictional Immunities of States and Their Property,9 notes that this Convention has still not entered into force, and invites Member States that have not already done so to consider becoming parties to the Convention;

Reaffirms the importance of the principles and provisions of the Convention for the Protection of Cultural Property in the Event of Armed Conflict,1 and of their implementation, and invites Member States that have not already done so to consider becoming parties to the Convention;

Also reaffirms the importance of the Second Protocol to the Convention, adopted at The Hague on 26 March 1999,2 and of its implementation, and invites all States parties to the Convention that have not already done so to consider becoming parties to the Second Protocol;

Welcomes the most recent efforts made by the United Nations Educational, Scientific and Cultural Organization for the protection of the cultural heritage of countries in conflict, including the safe return to those countries of cultural property and other items of archaeological, historical, cultural, rare scientific and religious importance that have been illegally removed, and calls upon the international community to contribute to these efforts;

Urges Member States to introduce effective national and international measures to prevent and combat illicit trafficking in cultural property, including by publicizing legislation and offering special training for police, customs and border services;

Invites Member States, in cooperation with the United Nations Educational, Scientific and Cultural Organization, to continue to draw up systematic inventories of their cultural property, as well as to work towards the creation of a database of their national cultural legislation, in particular in electronic format;

Recognizes the advancement of the Database of National Cultural Heritage Laws of the United Nations Educational, Scientific and Cultural Organization, which includes legislation from one hundred and seventy-six Member States, and invites Member States to provide their legislation in electronic format for inclusion in the database if they have not yet done so, to provide regular updates to the database and to promote it;

Applauds the efforts of the United Nations Educational, Scientific and Cultural Organization to promote the use of identification and inventory systems, in particular the application of the Object-ID standard, and to encourage the linking of identification systems and existing databases, including the one developed by the International Criminal Police Organization (INTERPOL), to allow for the electronic transmission of information in order to reduce illicit trafficking in cultural property, and encourages the United Nations Educational, Scientific and Cultural Organization to make further efforts in this regard in cooperation with Member States, where appropriate;

Notes that the statutes of the Intergovernmental Committee for Promoting the Return of Cultural Property to its Countries of Origin or its Restitution in Case of Illicit Appropriation include mediation and conciliation processes, and invites Member States to consider the possibility of using such processes as appropriate;

Also notes the Model Export Certificate for Cultural Objects developed by the United Nations Educational, Scientific and Cultural Organization and the World Customs Organization as a tool to combat illicit trafficking in cultural property, and invites Member States to consider adopting the model export certificate as their national export certificate, in accordance with domestic law and procedures;

Notes with interest that issues such as model legal provisions relating to state ownership of cultural property, a database of best practices in the field of return and restitution of cultural property to its countries of origin, and legal and ethical principles supporting protection of and return mechanisms for cultural property, are being considered by the Intergovernmental Committee for Promoting the Return of Cultural Property to its Countries of Origin or its Restitution in Case of Illicit Appropriation;

Notes the decision taken in resolution 41, adopted on 23 October 2009 by the General Conference of the United Nations Educational, Scientific and Cultural Organization at its thirty-fifth session, on the issue of cultural objects displaced in connection with the Second World War;

Recognizes the public awareness and increased mobilization and action in favour of heritage values that was achieved in 2002, the United Nations Year for Cultural Heritage, and calls upon the international community and the United Nations to continue to cooperate with the United Nations Educational, Scientific and Cultural Organization on the basis of that work;

Welcomes the endorsement of the International Code of Ethics for Dealers in Cultural Property by the General Conference of the United Nations Educational, Scientific and Cultural Organization on 16 November 1999, which was adopted in January 1999 by the Intergovernmental Committee for Promoting the Return of Cultural Property to its Countries of Origin or its Restitution in Case of Illicit Appropriation, and invites those who deal with trade in cultural property and their associations, where they exist, to encourage the implementation of the Code;

Recognizes the importance of the creation, by the General Conference of the United Nations Educational, Scientific and Cultural Organization, of the International Fund for the Return of Cultural Property to its Countries of Origin or its Restitution in Case of Illicit Appropriation, launched in November 2000, and encourages the United Nations Educational, Scientific and Cultural Organization to continue to promote the Fund and render it operational;

Also recognizes the importance of cooperation amongst States in the fight against illicit trafficking in cultural property, as well as its illegal removal from the countries of origin, through, inter alia, mutual legal assistance, including the prosecution of persons involved in such activities and extradition, in accordance with the laws of cooperating States and under applicable international law;

Requests the Secretary-General to cooperate with the United Nations Educational, Scientific and Cultural Organization in its efforts to bring about the attainment of the objectives of the present resolution;

Also requests the Secretary-General, in cooperation with the Director General of the United Nations Educational, Scientific and Cultural Organization, to submit to the General Assembly at its sixty-seventh session a report on the implementation of the present resolution;

Decides to include in the provisional agenda of its sixty-seventh session the item entitled “Return or restitution of cultural property to the countries of origin”.

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Return or Restitution of Cultural Property to the Countries of Origin

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