General Assembly Topic 1

Restitution or Return of Cultural Property to Countries of Origin

Overview

The United Nations Educational, Scientific and Cultural Organization (UNESCO) defines “cultural property as property, on religious or secular grounds, is specifically designated by each State as being of importance for archaeology, prehistory, history, literature, art or science” (UNESCO, 1974). This includes both man-made and natural objects that follow the interests listed above. The question that countries around the globe face with cultural property is the question of who it belongs to. Cultural property is especially vulnerable in states with conflict or political unrest, as the rate of looting and trafficking of these artifacts is higher during these times.

History

A world history of colonization, trafficking, and unrest has resulted in a vast number of cultural items removed from their countries of origin. Now, countries are looking to each other for the return of their cultural property, which is housed in various museums around the globe. The desire to see these cultural objects returned stems from the desire to reunite items with their cultural communities and people. Returning cultural items poses challenges, as there may be legal restrictions regarding repatriation from museums and private collections.

The United Nations recognizes that cultural property serves as an important resource for younger generations to learn about and preserve their heritage. The 1970 United Nations Educational, Scientific, and Cultural Organization Convention on the Means of Prohibiting and Preventing the Illicit Import, Export, and Transfer of Ownership of Cultural Property calls for the prevention and prohibition of illicit trafficking of cultural property. Since then, the United Nations has hosted conferences to address the topic, which have resulted in the 1995 UNIDROIT Convention on Stolen or Illegally Exported Cultural Objects, the 2001 Convention on the Protection of the Underwater Cultural Heritage, and the 2003 Convention for the Safeguarding of the Intangible Cultural Heritage.

While there have been improvements, States are still dealing with the issue of missing or stolen cultural artifacts. As a delegate, it is your job to represent your country and create solutions to aid the restitution of cultural artifacts across the globe.

Questions to Consider:

1. What is your country’s position on the restitution of cultural artifacts? Has your country been impacted by the loss of cultural artifacts?
2. How will your delegation negotiate this topic while keeping in mind state sovereignty?
3. What strategies can the United Nations employ to ensure that cultural property disputes are resolved in a manner that respects both the historical significance of the artifacts and the legal rights of current holders?
4. How can the United Nations work to facilitate the return of cultural property in a way that allows for countries to request their return without fear of retaliation?

Resources to Consider:

New York Times. (Aug. 13, 2023). How 4 Countries Are Preparing to Bring Stolen Treasures Home. https://www.nytimes.com/2023/08/09/arts/design/restitution-nepal-indonesia-democratic-republic-of-congo-cameroon.html

Cultural Property News. (June 10, 2024). Ecuador: Turmoil, Neglect, and a History of Legal Looting. https://culturalpropertynews.org/ecuador-turmoil-neglect-and-a-history-of-legal-looting/

Cultural Property News. (n.d.). Berlin’s Altes Museum Returns Collection of Apulian Vases. https://culturalpropertynews.org/altens_museum_returns_apulian_vases/

British Broadcasting Corporation. (May 20, 2023). Greece recovers hundreds of stolen artefacts. https://www.bbc.com/news/world-europe-65657620

AP News. (May 28, 2024). US vows more returns of looted antiquities as Italy celebrates latest haul of 600 artifacts. https://apnews.com/article/italy-us-bogdanos-getty-looted-antiquities-a0399cada71513d88702a5cc3a8fc6c2

 

Bibliography:

American Model United Nations. (2023). General Assembly Plenary (Concurrent). https://www.amun.org/handbooks/2023/2023-handbook/general-assembly-plenary-concurrent-2/

Bureau of Educational and Cultural Affairs. (n.d.). Cultural Property. https://eca.state.gov/cultural-heritage-center/cultural-property#:~:text=Cultural%20property%20is%20a%20unique,and%20objects%20used%20in%20ceremonies.

Campfens, E. “Whose Cultural Objects? Introducing Heritage Title for Cross-Border Cultural Property Claims.” Neth Int Law Rev 67, 257–295 (2020). https://doi.org/10.1007/s40802-020-00174-3

United Nations Educational, Scientific and Cultural Organization. (n.d.). Fighting Illicit Trafficking (1970 Convention). https://www.unesco.org/en/fight-illicit-trafficking?hub=365

United Nations Educational, Scientific and Cultural Organization. (April 24, 1972). Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property. https://www.unesco.org/en/legal-affairs/convention-means-prohibiting-and-preventing-illicit-import-export-and-transfer-ownership-cultural

Topic adapted from AMUN 2023 topics