Return or Restitution of Cultural Property to the Countries of Origin

A/RES/76/16No PDF available

Who created this mandate?

A Resolution of the General Assembly, under agenda item 10Return or restitution of cultural property to the countries of origin, published in 2021.

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 subjects does this mandate have?

5 topics

Cultural Property Cultural Property Protection Cultural Property Restitution Destruction of Property International Cooperation

What does this mandate say?

41 operative paragraphs

Recognizes the leading role of the United Nations Educational, Scientific and Cultural Organization in combating trafficking in cultural property, within its specific mandate and within the context of Security Council resolutions 2199 (2015) and 2347 (2017), and encourages the Organization to continue to strengthen cooperation and synergies in this field with other international bodies, including the International Criminal Police Organization (INTERPOL), the United Nations Office on Drugs and Crime, the International Council of Museums and the International Centre for the Study of the Preservation and Restoration of Cultural Property;

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 of fundamental spiritual, historical and cultural value, 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, exchanges of experiences and good practices and the dissemination of information and tools to the public, institutions, Member States and others, and encourages the continuation of such endeavours;

Commends the United Nations Educational, Scientific and Cultural Organization on the launch of its international awareness-raising and training campaigns for heritage managers, decision makers, museum experts, law enforcement and customs authorities and legal experts from Member States in the African, Arab, Asia-Pacific, Eastern European, Latin American and Caribbean, and Western European regions, from 2018 to 2021, aimed at preventing the illicit import, export and transfer of ownership of cultural property by providing the legal and operational knowledge and directly applicable skills to strengthen the protection of cultural property, facilitate return or restitution processes and strengthen international cooperation;

Also commends the United Nations Educational, Scientific and Cultural Organization on the Unite for Heritage campaign to raise the awareness of young people regarding the value of cultural heritage and the necessity to protect it, and calls upon Member States to promote and support that campaign;

Further commends the United Nations Educational, Scientific and Cultural Organization on the activities implemented in the framework of the fiftieth anniversary of the 1970 Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property, including the launch, on 14 November 2020, of the International Day against Illicit Trafficking in Cultural Property with a view to highlighting new challenges linked to illicit trafficking and to stressing the importance of international cooperation in this fight, as well as the launch of the international communication campaign entitled “The real price of art”, which aims at raising public awareness of the devastation caused by illicit trafficking in cultural property to the history and identity of peoples, and the organization of regional and international conferences to mark the anniversary;

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 1970 Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property, the 1995 UNIDROIT Convention on Stolen or Illegally Exported Cultural Objects, the 1954 Convention for the Protection of Cultural Property in the Event of Armed Conflict and the two Protocols thereto, the 1972 Convention for the Protection of the World Cultural and Natural Heritage, the 2001 Convention on the Protection of the Underwater Cultural Heritage, the 2003 Convention for the Safeguarding of the Intangible Cultural Heritage and the 2005 Convention on the Protection and Promotion of the Diversity of Cultural Expressions, and invites Member States that have not already done so to consider becoming parties to the aforementioned conventions and protocols that specifically address the return and restitution of cultural property to the countries of origin;

Recalls the declarations and recommendations of the international forums on the return of cultural property, held in Seoul in July 2011 and October 2012, in Olympia, Greece, in October 2013, in Dunhuang, China, in September 2014 and in Nevşehir, Turkey, in October 2015;

Acknowledges the 1995 UNIDROIT Convention Academic Project and the Informal Ratification Task Force as a platform for the exchange of views, information and assistance on issues such as the ratification and implementation of the 1995 UNIDROIT Convention on Stolen or Illegally Exported Cultural Objects and the celebration in 2020 of the twenty-fifth anniversary of the Convention;

Recalls the role of the Subsidiary Committee of the Meeting of States Parties to the 1970 Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property, which, inter alia, promotes the purposes of the Convention, reviews national reports and prepares and submits to the Meeting of States Parties recommendations and guidelines that may contribute to the implementation of the Convention and identify problems arising from its implementation, while fostering exchanges of experiences and good practices;

Welcomes the decisions of the seventh session of the Subsidiary Committee of the Meeting of States Parties to the 1970 Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property, held in May 2019, which encouraged all States parties to the 1970 Convention to take the necessary measures consistent with the law of each State in accordance with articles 7, 13 and 15 of the Convention in order to facilitate the return or restitution of illicitly exported cultural property, requested the secretariat to conduct capacity-building activities with a special focus on return and/or restitution procedures and called for reinforced cooperation with the Intergovernmental Committee for Promoting the Return of Cultural Property to its Countries of Origin or its Restitution in case of Illicit Appropriation;

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

Deplores damage to the cultural heritage of countries in situations of crisis, conflict and post-conflict, in particular recent attacks on world cultural heritage sites, calls for an immediate end to such acts, and reminds States parties to the 1954 Convention for the Protection of Cultural Property in the Event of Armed Conflict and to the two Protocols thereto of the provisions contained therein to safeguard and respect cultural property and to prohibit, prevent and, if necessary, put a stop to any form of theft, pillage or misappropriation of and any acts of vandalism directed against cultural property;

Calls upon all Member States in a position to do so to assist the affected States in combating trafficking in cultural property illegally excavated from archaeological sites and taken from museums, libraries, archives and manuscript collections, including through international cooperation in the return or restitution of stolen or illicitly exported cultural property, as appropriate;

Recalls its resolution 75/291 of 30 June 2021, entitled “United Nations Global Counter-Terrorism Strategy: seventh review”, in which Member States are called upon to strengthen efforts so that terrorists may not benefit from trafficking in cultural property, and to enhance cooperation to ensure the return, restitution or repatriation of trafficked, illicitly exported or imported, stolen, looted, illicitly excavated or illicitly traded cultural property to countries of origin;

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, in particular in Iraq and the Syrian Arab Republic, 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;

Acknowledges with appreciation the adoption by the General Conference of the United Nations Educational, Scientific and Cultural Organization at its thirty-eighth session, in November 2015, of the strategy for the reinforcement of the Organization’s action for the protection of culture and the promotion of cultural pluralism in the event of armed conflict, in particular as it relates to the countering of looting and illicit trafficking in cultural property during conflicts;

Urges Member States, including, upon request, with the assistance of the United Nations Office on Drugs and Crime, and in close cooperation with the United Nations Educational, Scientific and Cultural Organization and INTERPOL, as appropriate, to introduce effective national and international measures to prevent and combat illicit trafficking in cultural property, including by publicizing legislation, in particular in the Database of National Cultural Heritage Laws of the United Nations Educational, Scientific and Cultural Organization, and by offering special training for police, customs and border services, and invites Member States to make trafficking in cultural property, including stealing from and looting of 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;

Encourages all Member States to establish, where they do not yet exist, with the assistance of INTERPOL, upon request, specialized police units exclusively dedicated to the protection of cultural heritage to investigate cases of trafficking in cultural property, and a national stolen works of art database directly connected with the corresponding INTERPOL database;

Welcomes the adoption of the Council of Europe Convention on Offences relating to Cultural Property, which was opened for signature in Nicosia on 19 May 2017, and invites Member States to consider becoming parties to the Convention;

Urges all Member States to take appropriate measures to ensure that all actors involved in the trade of cultural property, including but not limited to auction houses, art dealers, art collectors, museum professionals and managers of online marketplaces, are required to provide verifiable documentation of provenance as well as export certificates, as applicable, related to any cultural property imported, exported or offered for sale, including through the Internet;

Invites States parties to the 1970 Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property to apply the operational guidelines for the implementation of the 1970 Convention, which represent a useful tool to guide and assist States parties in implementing the Convention, including by learning from good practices of States parties geared to enhancing the effective implementation of the Convention, and to identify ways and means to further the achievement of the goals of the Convention through strengthened international cooperation;

Reiterates its strong encouragement to Member States to apply, to the maximum extent possible, where appropriate, with a view to strengthening international cooperation in this field, the International Guidelines for Crime Prevention and Criminal Justice Responses with Respect to Trafficking in Cultural Property and Other Related Offences, which represent a useful framework to guide Member States in the development and strengthening of their criminal justice policies, strategies, legislation and cooperation mechanisms in the area of protection against trafficking in cultural property and other related offences;

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, including in digital form;

Also invites Member States to consider establishing and developing national, regional and international databases inventorying cultural property, which would also register trafficked, illicitly exported or imported, stolen, looted or illicitly excavated, and illicitly dealt-in, cultural property, and encourages Member States, in particular their law enforcement authorities, to enhance the exchange of information by sharing or interconnecting inventories of cultural property and databases on trafficked, illicitly exported or imported, stolen, looted or illicitly excavated, and illicitly dealt-in, cultural property and contributing to international inventories and databases;

Recognizes the improvement of the Database of National Cultural Heritage Laws of the United Nations Educational, Scientific and Cultural Organization, which includes legislation from 189 Member States and translations into at least one of the official languages of the United Nations, 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 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;

Reaffirms, in this regard, the Red Lists of Cultural Objects at Risk of the International Council of Museums and the INTERPOL database of stolen works of art as tools in the fight against illicit trafficking in cultural property, and calls upon all Member States to use those tools, as appropriate;

Recalls the adoption by the Intergovernmental Committee for Promoting the Return of Cultural Property to its Countries of Origin or its Restitution in case of Illicit Appropriation, at its sixteenth session, of the rules of procedure on mediation and conciliation, and invites Member States to consider the possibility of using such processes, as appropriate;

Encourages Member States to consider using the model provisions of the United Nations Educational, Scientific and Cultural Organization and the International Institute for the Unification of Private Law on State ownership of undiscovered cultural objects and adopting effective legislation for the establishment and recognition of States’ ownership of their heritage, as appropriate under national laws, with a view to facilitating return or restitution in cases of unlawful removal;

Recalls with appreciation 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;

Recalls the resolution adopted by the General Conference of the United Nations Educational, Scientific and Cultural Organization at its thirty-ninth session, in November 2017, on strengthening the implementation of the 1970 Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property;

Invites those who deal with trade in cultural property and their associations, where they exist, to encourage the effective implementation of the International Code of Ethics for Dealers in Cultural Property, as endorsed by the General Conference of the United Nations Educational, Scientific and Cultural Organization on 16 November 1999, the International Council of Museums Code of Ethics for Museums and other existing codes;

Welcomes the recently launched partnerships between the United Nations Educational, Scientific and Cultural Organization and cultural institutions, encompassing several lines of action aimed at combating illicit trafficking in cultural property, in order to implement awareness-raising activities for the general public, close collaboration and information exchange and cooperation on training and capacity-building initiatives, and encourages the development of further partnerships;

Highlights the importance of the continued efforts of the United Nations Educational, Scientific and Cultural Organization to strengthen discussions with art market professionals in order to improve existing codes of ethics, professional practices and trade, raise awareness and provide education in areas such as provenance investigations, due diligence exercises, return or restitution procedures, the use of practical tools and appropriate knowledge of the international legal framework;

Recognizes the importance 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 invites Member States to increase further their voluntary contributions to the Fund in order to enhance its efficiency, and to make use of it, as appropriate;

Takes note of the Heritage Emergency Fund of the United Nations Educational, Scientific and Cultural Organization and the international fund for the protection of endangered cultural heritage in armed conflict, as announced in Abu Dhabi on 3 December 2016, and other initiatives in this regard, and encourages Member States to provide financial contributions to support preventive and emergency operations, including, as appropriate, through documentation and consolidation of their cultural property in a network of “safe havens” in their own territories to protect their property, fight against illicit trafficking in cultural property and undertake all appropriate efforts for the recovery of cultural heritage, in the spirit of the principles of the United Nations Educational, Scientific and Cultural Organization conventions;

Recognizes the importance of cooperation among States in the fight against illicit trafficking in cultural property, as well as its illegal removal from the countries of origin, through, inter alia, the conclusion of bilateral agreements and 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 seventy-ninth session a report on the implementation of the present resolution;

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

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