Strengthening Crime Prevention and Criminal Justice Responses to Protect Cultural Property, Especially with Regard to Its Trafficking

A/RES/66/180View PDF

Who created this mandate?

A Resolution of the General Assembly, under agenda item 107Crime prevention and criminal justice, published in 2011.

What other versions does this mandate have?

2 versions · 2012–2014

This is an older version — the most recent is A/RES/68/186

2014A/RES/68/186Strengthening crime prevention and criminal justice responses to protect cultural property, especially with regard to its traffickingLatestCompare with previous version
2012A/RES/66/180Strengthening crime prevention and criminal justice responses to protect cultural property, especially with regard to its trafficking

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What subjects does this mandate have?

8 topics

Crime Prevention Criminal Justice Criminal Law Cultural Property Protection Definition Illicit Traffic International Instruments Signatures, Accessions, Ratifications

What does this mandate say?

17 operative paragraphs

Welcomes Economic and Social Council resolution 2010/19, as well as resolution 5/7 of 22 October 2010 entitled “Combating transnational organized crime against cultural property”, adopted by the Conference of the Parties to the United Nations Convention against Transnational Organized Crime at its fifth session, held in Vienna from 18 to 22 October 2010;

Urges Member States that are parties to the aforementioned conventions, including the United Nations Convention against Transnational Organized CrimeError: Reference source not found and the United Nations Convention against Corruption,Error: Reference source not found to fully implement them, encourages those Member States that have not yet done so to consider becoming parties to those conventions, and encourages Member States and relevant international organizations to strengthen crime prevention and criminal justice responses to protect cultural property, especially with regard to its trafficking, within the framework of relevant United Nations conventions and resolutions, for the purpose of providing the widest possible international cooperation to address such crimes, including for extradition, mutual legal assistance and the confiscation and return of stolen cultural property to its rightful owner;

Welcomes the decision taken by the Economic and Social Council in its resolution 2010/19 to convene at least one additional meeting of the open-ended intergovernmental expert group on protection against trafficking in cultural property established within the framework of the Commission on Crime Prevention and Criminal Justice, and encourages Member States and other donors to support the convening of that expert group meeting and to submit to the Commission at its twenty-second session practical proposals for implementing, where appropriate, the recommendations made by the expert group at its meeting held in Vienna from 24 to 26 November 2009, with due attention to aspects of criminalization, international cooperation and mutual legal assistance;

Also welcomes the request made by the Conference of the Parties to the United Nations Convention against Transnational Organized Crime at its fifth session to its Working Group on International Cooperation and its Open-ended Interim Working Group of Government Experts on Technical Assistance to examine the relevant recommendations and outcomes of the meetings of the expert group and to make recommendations for consideration by the Conference of the Parties in order to promote the practical application of the Convention, by considering the extent and adequacy of existing norms, as well as other normative developments, with due attention to aspects of criminalization and international cooperation, including mutual legal assistance and extradition, in this regard;

Urges Member States and relevant institutions, as appropriate, to reinforce and fully implement mechanisms to strengthen international cooperation, including mutual legal assistance, in order to combat all forms and aspects of trafficking in cultural property and related offences, such as the theft, looting, damage, removal, pillage and destruction of cultural property, and to facilitate the recovery and return of stolen cultural property, and requests the Conference of the Parties to the United Nations Convention against Transnational Organized Crime and the Commission on Crime Prevention and Criminal Justice to continue their efforts to effectively strengthen crime prevention and criminal justice responses to protect cultural property, especially with regard to its trafficking, bearing in mind, in particular, paragraph 12 of Economic and Social Council resolution 2010/19;

Urges Member States to consider, among other effective measures within the framework of their national legislation, criminalizing activities related to all forms and aspects of trafficking in cultural property and related offences by using a broad definition that can be applied to all stolen, looted, unlawfully excavated and illicitly exported or imported cultural property, and invites them to make trafficking in cultural property, including stealing and looting at archaeological and other cultural sites, a serious crime, as defined in article 2 of the United Nations Convention against Transnational Organized Crime, with a view to fully utilizing that Convention for the purpose of extensive international cooperation in fighting all forms and aspects of trafficking in cultural property and related offences;

Also urges Member States to take all appropriate steps and effective measures to strengthen legislative and administrative measures aimed at countering trade in stolen, looted and illicitly exported or imported cultural property, including appropriate domestic measures to maximize the transparency of activities of traders in cultural property in the market, in particular through effective regulations and supervision of dealers in antiquities, intermediaries and similar institutions, in accordance with their national law and other applicable law;

Invites Member States to continue to submit, in writing, comments on the model treaty for the prevention of crimes that infringe on the cultural heritage of peoples in the form of movable property, including views on its potential utility and on whether any improvements to it should be considered at the earliest possible date, in order to assist the Secretariat in preparing an analysis and a report to be presented to the expert group on protection against trafficking in cultural property at its next meeting, as well as to the Commission on Crime Prevention and Criminal Justice at its twenty-second session;

Requests the United Nations Office on Drugs and Crime, within its mandate, in consultation with Member States and in close cooperation, as appropriate, with the United Nations Educational, Scientific and Cultural Organization, the International Criminal Police Organization (INTERPOL) and other competent international organizations:

To further explore the development of specific guidelines for crime prevention and criminal justice responses with respect to trafficking in cultural property;

To explore possibilities for the collection, analysis and dissemination of data specifically addressing the relevant aspects of trafficking in cultural property;

To continue to collect, analyse and disseminate information on crime trends through the United Nations Survey of Crime Trends and Operations of Criminal Justice Systems;

To promote good practices, including in international cooperation;

To assist Member States, upon request, in strengthening crime prevention and criminal justice responses to protect cultural property, especially with regard to its trafficking;

To consider, where appropriate, addressing trafficking in cultural property in its regional, interregional and thematic programmes;

Requests the Secretary-General to report to the Commission on Crime Prevention and Criminal Justice at its twenty-second session on the implementation of the present resolution;

Invites Member States and other donors to provide extrabudgetary resources for the purposes of the present resolution, in accordance with the rules and procedures of the United Nations.

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