UNIDROIT and ICOM

Peter Rauch peterr at VIOLET.BERKELEY.EDU
Mon Jul 10 21:55:20 CDT 1995


I excerpted the following, related to our UNIDROIT discussion, from ICOM's
"Resolutions". Other Resolutions of interest to this group can be viewed
at URL http://www.city.ac.uk/artspol/icomres.html

So, does anyone know what UNIDROIT decided to do with regard to stolen
floral and faunal "cultural heritage"?
Peter

  18TH GENERAL ASSEMBLY OF THE INTERNATIONAL COUNCIL OF MUSEUMS (ICOM)
    Stavanger, Norway, Friday, 7 July 1995

  RESOLUTION NO. 3

  CONVENTIONS REGULATING THE PHYSICAL AND LEGAL SECURITY OF CULTURAL HERITAGE

   Recalling Resolution no. 5 on the return of cultural objects to their
   countries of origin and resolution no. 8 on cultural heritage in
   occupied countries adopted by the 14th General Assembly of ICOM held
   in London, United Kingdom, in 1983,

   Deeply concerned at the continuing damage to the world's heritage and
   to the national, regional and local heritage by the illicit traffic of
   cultural objects,

   Convinced of the fundamental importance of the protection of the
   cultural heritage and of cultural exchanges for promoting
   understanding between peoples,

   Noting:
    1. that the inadequacy of existing international and national laws in
       relation to legal rules and rights of jurisdiction in relation to
       claims for the return and restitution of stolen or illegally
       exported cultural property has long been recognized as a serious
       hindrance to the protection of the world's cultural heritage and
       to the proper conduct of the legitimate trade in art, antiquities
       and other cultural property;
    2. that for many years various international bodies including UNESCO,
       ICOM, ICOMOS, ICCROM, and the International Institute for the
       Unification of Private Law (Unidroit) have been seeking new and
       more effective legal means to clarify international and national
       law in relation to claims for the return of stolen or illegally
       exported objects of cultural importance;
    3. that a Diplomatic Conference for the adoption of the draft
       Unidroit Convention on the subject was held in Rome from 7 to 24
       June 1995,
    4. that the recent armed conflicts have shown the limits of
       acceptance and application of the 1954 Hague Convention on the
       Protection of Cultural Property in the Event of Armed Conflict,



   The 19th General Assembly of ICOM, meeting in Stavanger, Norway, on 7
   July 1995,

   Welcomes the decision of the representatives of 70 States present at
   the Rome Unidroit Diplomatic Conference on 24 June 1995 to adopt the
   Unidroit Convention on Stolen or Illegally Exported Cultural
   Objects,

   Encourages the promotion of educational programmes in museums in order
   to create public awareness of the problems of illicit traffic,

   Suggests that the Regional Organisations within ICOM motivate all ICOM
   National Committees in their regions to promote November 22nd as the
   International Day against Illicit Traffic of Cultural Property; Urges
   all governments to sign and ratify the 1970 UNESCO Convention on the
   Means of Prohibiting the Illicit Import, Export and Transfer of
   Ownership of Cultural Property and the new Unidroit Convention
   without delay, and to establish the necessary legal and
   administrative structures at the national level required to implement
   its important provisions at the practical level;

   Offers the full support of ICOM in relation to identifying and
   providing appropriate expert knowledge in relation to the application
   of the Unidroit Convention;

   Requests ICOM to investigate means of protecting the rights of museums
   to control the reproduction and replication of objects from their
   collection.
     _________________________________________________________________

    P.Boylan at city.ac.uk 10July 1995. )International Council of Museums
    (ICOM), 1995.




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