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Showing posts with label 1970 UNESCO Convention. Show all posts
Showing posts with label 1970 UNESCO Convention. Show all posts

October 18, 2020

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Regulatory Comparison: How is the 19th century merchant shipping scene similar to today's ancient art market.

East Indiamen Madagascar by Thomas Goldsworth Dutton (fl 1840)
National Maritime Museum Greenwich, London

A lesson from our regulatory past. 

The more ship you can see, the higher the vessel sits in the water.

The less ship you can see, the lower the vessel sits in the water.

If you own a ship, you make more money by transporting more goods. 

Logistically, ships sitting high in the water carry less cargo.  Those seen sitting low in the water carry more cargo. 

Either is ok when the ship is moored safely within a harbor and in most cases when the weather is calm. 

But when a large vessel sets out to sea, the heavier ship, sitting lower in the water, suffers from increasing drag as it moves. It is generally less responsive to steering making a heavily laden ship more difficult to manage in rough seas.  If an overly-laden vessel gets caught in a storm, it's easier for it to take on water and also to sink.

When ships sink, sailors and passengers drown and cargo is lost to the murky depths.  But the insurance fees paid out to the voyage's financers and ship owners were designed to cover such financial losses, so for the shipping industry, more cargo (still) equalled = more money.

That’s how it was in nineteenth-century Britain. 

A ship's crew and passengers might die, but the ship's backers and owners were still compensated financially through marine insurance.  Likewise, due to the booming trade market of the period, the demand for marine insurance created opportunities for profit for both the marine merchants and their voyage underwriters, who in turn profited from high premia which more than compensated the underwriters for the losses incurred when an insured merchant's vessel sunk. 

In 1871 alone 856 ships sank off the coast of Britain. Nearly 2000 sailors and an unknown number of passengers drowned at sea.  

Profit-driven, many shipping barons were unpulsed, more interested in how and when the merchandise got from point "A" to point "B".  More so, with the death of all hands on deck, it was sometimes impossible to verify or disprove events which had occurred in distant ports or on the rough open sea.  To them, the risk to human lives was not a particularly motivating factor to change the status quo of overloading.  Humans may have been drowning, but merchants and many of their underwriters were still making fortunes. 

Sailors often referred to these overly-laden vessels as coffin ships, a way to describe a ship that was overinsured and worth more to its owners sunk than afloat. To them, merchants turning a blind eye to the coffin ships represented the depths to which the merchants operating in the market could stoop.  

But despite their worries, it was an offense for a sailor to refuse to sail, and to do so could mean many months, or even years, in the gaols.  Such were the state of affairs that in 1871 alone, 1628 sailors, including two complete crews, were jailed for refusing to work on overladen merchant vessels.  For many, despite their reluctance and awareness of the awful toll on human life aboard such ships, desperation drove their decisions, forcing them to agree to work as the crew, making them part of an equation that valued commerce and merchandise over humanity. 

Despite the sometimes strident calls for help from worried seamen and the families of those lost at sea, the general consuming public seemed blindly unaware or disinterested in the problem.  That is apart from one man, Samuel Plimsoll, an English social reformer.

Plimsoll fought for a safe loading line on all ships to be passed into law on all English ships and asked for regulation to prevent the overloading of cargo encouraged by the ships' greedy owners.  Plimsoll's principle was based on one already known by seamen as far back as the Middle Ages.  Back then, ships from Genoa, Italy in the Venetian Republic, and the Hanseatic League, required ships to show a load line indicating how heavy the vessel was weighed down with merchandise. 

Yet Plimsoll's reasonable proposal met with powerful opposition and earned him the hatred of many shipowners.

Many of the most vocal members of parliament against reforms were these self-same shipowners and underwriters; men more intent on maximizing their profit than bowing to the expense of morally and ethical moderation.  From their point of view, shipping was a lucrative business couched in the notion of free trade. Their profits should not be bogged down under the weight of moral and ethical considerations.  

Fortunately, in 1876, after years of fighting, Plimsoll's calls for reforms succeeded and Britain's Parliament passed the Unseaworthy Ships Bill into law.  But while this Act required a series of 'lines' to be painted on the ship to show the maximum loading point it didn't specify where.  As a result, some unscrupulous shipowners chose to paint the load line in areas of the ship more convenient and continued this ruse, to disguise their overloaded vessels. 

It was not until 1890 that the country's Board of Trade officials finally applied the regulation that every ship must have a clearly visible Plimsoll line, a line on a ship's hull, in a very specific place, which indicates the maximum safe draught, and therefore the minimum freeboard for the vessel in various operating conditions when loaded with cargo.

I suppose one could draw a few parallels between this maritime story and today’s art merchant climate, where the art market's focus seems to discourage regulatory oversight in favor of self-regulation, ensuring the free movement of merchandise. Likewise, many collectors seem oblivious to, or disinterested in, the problem of illicit trafficking. 

Despite cultural Plimsoll lines, like local legislation and international conventions such as the UNESCO 1970 Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property and the 1995 UNIDROIT Convention on Stolen or Illegally Exported Cultural Objects, disreputable commercial actors in the art market continue to conduct commerce outside calculated ethical lines. 

And like the sailors on ships, desperation sometimes drives the decisions of subsistence looters in source countries who facilitate the supply chain, and remain as actors to the commerce equation, despite whatever harsh penalties they might face. 

It’s hard to envisage a non-legislative solution that will protect commerce and protect culture at risk.  For now, the foxes in charge of the art market hen house are woefully incapable of self-regulating, and are resistant to the idea that there is even a problem worthy of being addressed. 

By:  Lynda Albertson

h/t to Dave Trott for his details on shipping regulations and statistics. 

February 9, 2019

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Letter from the UN Chair of the Security Council Committee concerning Islamic State in Iraq and the Levant (Da’esh), Al-Qaida and associated individuals and their involvement in heritage plunder


In a letter dated 15 January 2019, signed by Dian Triansyah Djani, the UN Chair of the Security Council Committee, pursuant to resolutions 1267 (1999), 1989 (2011) and 2253 (2015) concerning Islamic State in Iraq and the Levant (Da’esh), Al-Qaida and associated individuals, groups, undertakings and entities and addressed to the President of the Security Council the chair writes...

Section III82. Despite systematic consultation with Member States, the Monitoring Team has been unable to establish that ISIL ever generated significant funds from human slavery or sexual violence, although it was certainly massively engaged in such crimes on a basis internal to the so-called “caliphate”. Member States also broadly share the analysis that ISIL did not systematically or fully exploit the funding potential of looting and trading in antiquities and cultural goods. Nevertheless, it will not be possible to draw firm conclusions on this until more is known about what was taken, and until enhanced detection and enforcement efforts have yielded more information.

While the 25-page report goes on in Section B. Resolution 2347 (2017) on Cultural Heritage to mention the strategic and exemplary training conducted by the World Customs Organization, who have launched a training handbook on the prevention of illicit trafficking of cultural heritage, it omits other UN trainings facilitated by UNESCO such as the Countering Antiquities Trafficking in the Mashreq: A Training Program for Specialists Working to Deter Cultural Property Theft and the Illicit Trafficking of Antiquities program.  

This 5-day training, animated by experts from UNESCO, UNIDROIT, INTERPOL, ICOM, UNODC and four trainers from ARCA (Association for Research into Crimes against Art), was structured around four modules, each designed to address issues of common concern in affected source and transit countries. The topics addressed included: Museum and Site Risk Management and Hazard Mitigation; Art Crime Policing and Law; The Conflict Antiquities Trade - Characterizing and Anticipating Trafficking of Cultural Heritage and Cultural Property Crimes in the Context of Contemporary Armed Conflicts; The International Art Market and The Trade in Unprovenanced Antiquities - The Interface Between Legal and Illegal Actors in Source and Market Countries.

Sessions for Countering Antiquities Trafficking in the Mashreq consisted of a mixture of lecture presentations involving art security awareness briefings, comprehensive discussions and practical demonstrations that all have the same primary objective – to pass on specialist knowledge while allowing a limited amount of time for practical, first-hand discourse drawing on the participants own experiences thereby allowing for contemplation and further debate.

ARCA's collaboration on this in-country UNESCO training for representatives from Iraq, Jordan, Lebanon, Syria, and Turkey is not the only UN facilitated training omitted from this report, nor is it the only non UN training program which has been developed to assist in the battle against plunder in conflict.  

ARCA also provides intensive Minerva Scholarship training for eleven weeks in Italy for Levant heritage professionals, established in response to scholarly concerns of heritage destruction and looting throughout Iraq, Libya, Syria, and Yemen.  Other NGO's, likewise have also supported and/or conducted training to assist in this critical area of concern.  

Underscoring for a second time, the UN Chair's statement:

"it will not be possible to draw firm conclusions on this until more is known about what was taken, and until enhanced detection and enforcement efforts have yielded more information." 

Most endeavours to establish such information have, are, and will continue to be seriously hampered by chronic underfunding.  This makes it difficult, if not impossible, for member states or UN agencies and their NGO partners and affiliate supporting organisations to respond effectively to the scale and scope of the problem. 

June 10, 2018

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Syria has ratified the 1995 UNIDROIT Convention on Stolen or Illegally Exported Cultural Objects.

The smashed face of a statue found on the floor of the Palmyra museum in the Syrian city of Tadmur, Homs Governate,  March 31, 2016. Image Credit - Joseph Eid
To address the ongoing issue of illicit trafficking of Syrian cultural property, the country has now ratified the UNIDROIT Convention on Stolen or Illegally Exported Cultural Objects.   Adopted on 24 June 1995, representatives of over seventy states met in Rome with an ambitious goal aimed at harmonizing the rules of private law of various states parties affecting the restitution and return of cultural objects between states party to the Convention to their country of origin. 

The aim of UNIDROIT (is clearly stated in Paragraph 4 of its preamble.  That that is: to contribute effectively to the fight against the illicit trade in cultural objects by establishing common, minimal legal rules for the restitution and return of cultural objects between contracting states with the objective of improving the preservation and protection of cultural heritage.  

At present, including Syria, there are now forty-three states party signatories to the Convention. 

With Syria's deposit of the instrument of accession to the UNIDROIT Convention of 1995 at the Italian Ministero degli Affari Esteri e della Cooperazione Internazionale (Ministry of Foreign Affairs and International Cooperation) on 27 April 2018, the UNIDROIT Convention will enter into force for the Syrian Arab Republic on 1 October 2018.

The full text of the Convention is available here.

Extracted from the UNIDROIT website:


For years, many middle eastern countries failed to consider ratification of UNIDROIT working under the false assumption that the initiative for the Convention on the protection of cultural property was a manoeuvre by “art importing” countries to weaken the UNESCO Convention. Others (wrongly) misinterpreted the nature of the agreement as an extension of the UNESCO Convention at the behest of the “exporting” States.   The reality is quite different as Marina Schneider, Senior Legal Officer and Treaty Depositary explains.  In trainings conducted throughout the globe, Ms. Schneider explains that it was at UNESCO’s request that UNIDROIT (International Institute for the Unification of Private Law) took up the matter of illicit traffic in cultural movables given the enormous complexity of legislation as it relates to the phenomenon of illicit trafficking. 

For a “live” status map of the Signatory and State parties to the UNIDROIT Convention please see the UNIDROIT website here: https://www.unidroit.org/status-cp?id=1769
The ratification of the UNIDROIT convention will allow Syria to fight more effectively, together with other signatory States, against theft, import, export and illegal transfer of ownership of its cultural patrimony.   Let's hope Iraq will sign on next. 

October 13, 2017

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The United States Withdraws From UNESCO - Statements from the US State Department and UNESCO DG

Issued by the United States Department of State on 10/12/2017 09:10 AM EDT.

Press Statement
Heather Nauert 
Department Spokesperson
Washington, DC

On October 12, 2017, the Department of State notified UNESCO Director-General Irina Bokova of the U.S. decision to withdraw from the organization and to seek to establish a permanent observer mission to UNESCO. This decision was not taken lightly, and reflects U.S. concerns with mounting arrears at UNESCO, the need for fundamental reform in the organization, and continuing anti-Israel bias at UNESCO.

The United States indicated to the Director General its desire to remain engaged with UNESCO as a non-member observer state in order to contribute U.S. views, perspectives and expertise on some of the important issues undertaken by the organization, including the protection of world heritage, advocating for press freedoms, and promoting scientific collaboration and education.

Pursuant to Article II(6) of the UNESCO Constitution, U.S. withdrawal will take effect on December 31, 2018. The United States will remain a full member of UNESCO until that time.



After receiving official notification by the United States Secretary of State, Mr Rex Tillerson, as UNESCO Director-General, I wish to express profound regret at the decision of the United States of America to withdraw from UNESCO.

Universality is critical to UNESCO’s mission to strengthen international peace and security in the face of hatred and violence, to defend human rights and dignity.

In 2011, when payment of membership contributions was suspended at the 36th session of the UNESCO General Conference, I said I was convinced UNESCO had never mattered as much for the United States, or the United States for UNESCO.

This is all the more true today, when the rise of violent extremism and terrorism calls for new long-term responses for peace and security, to counter racism and antisemitism, to fight ignorance and discrimination.

I believe UNESCO’s work to advance literacy and quality education is shared by the American people.

I believe UNESCO’s action to harness new technologies to enhance learning is shared by the American people.

I believe UNESCO’s action to enhance scientific cooperation, for ocean sustainability, is shared by the American people.

I believe UNESCO’s action to promote freedom of expression, to defend the safety of journalists, is shared by the American people.

I believe UNESCO’s action to empower girls and women as change-makers, as peacebuilders, is shared by the American people.

I believe UNESCO’s action to bolster societies facing emergencies, disasters and conflicts is shared by the American people.

Despite the withholding of funding, since 2011, we have deepened the partnership between the United States and UNESCO, which has never been so meaningful.

Together, we have worked to protect humanity’s shared cultural heritage in the face of terrorist attacks and to prevent violent extremism through education and media literacy.

Together, we worked with the late Samuel Pisar, Honorary Ambassador and Special Envoy for Holocaust Education, to promote education for remembrance of the Holocaust across the world as the means to fight antisemitism and genocide today, including with, amongst others, the UNESCO Chair for Genocide Education at the University of Southern California and the UNESCO Chair on Literacy and Learning at the University of Pennsylvania.

Together, we work with the OSCE to produce new tools for educators against all forms of antisemitism, as we have done to fight anti-Muslim racism in schools.

Together, we launched the Global Partnership for Girls’ and Women’s Education in 2011.

Together, with the American academic community, including 17 UNESCO University Chairs, we have worked to advance literacy, to promote sciences for sustainability, to teach respect for all in schools.

This partnership has been embodied in our interaction with the United States Geological Survey, with the US Army Corps of Engineers, with United States professional societies, to advance research for the sustainable management of water resources, agriculture.

It has been embodied in the celebration of World Press Freedom Day in Washington D.C in 2011, with the National Endowment for Democracy.

It has been embodied in our cooperation with major private sector companies, with Microsoft, Cisco, Procter & Gamble, Intel, to retain girls in school, to nurture technologies for quality learning.

It has been embodied in the promotion of International Jazz Day, including at the White House in 2016, to celebrate human rights and cultural diversity on the basis of tolerance and respect.

It has been embodied in 23 World Heritage sites, reflecting the universal value of the cultural heritage of the United States, in 30 Biosphere Reserves, embodying the country’s vast and rich biodiversity, in 6 Creative Cities, as a source of innovation and job creation.

The partnership between UNESCO and the United States has been deep, because it has drawn on shared values.

The American poet, diplomat and Librarian of Congress, Archibald MacLeish penned the lines that open UNESCO’s 1945 Constitution: “Since wars begin in the minds of men, it is in the minds of men that the defences of peace must be constructed.” This vision has never been more relevant.

The United States helped inspire the 1972 UNESCO World Heritage Convention.

In 2002, one year after the 9/11 terrorist attacks, the late Russell Train, former Head of the US Environmental Protection Agency and founder of the World Wildlife Fund, who did so much to launch the World Heritage Convention, said: “At this time in history, as the fabric of human society seems increasingly under attack by forces that deny the very existence of a shared heritage, forces that strike at the very heart of our sense of community, I am convinced that World Heritage holds out a contrary and positive vision of human society and our human future.”

UNESCO’s work is key to strengthen the bonds of humanity’s common heritage in the face of forces of hatred and division.

The Statue of Liberty is a World Heritage site because it is a defining symbol of the United States of America, and also because of what it says for people across the world.

Independence Hall, where the Declaration of Independence and the Constitution were signed, is a World Heritage site, because its message speaks to policy-makers and activists across the globe.

Yosemite, Yellowstone and the Grand Canyon are World Heritage sites, because they are marvels for everyone, in all countries.

This is not just about World Heritage.

UNESCO in itself holds out this “positive vision of human society.”

At the time when the fight against violent extremism calls for renewed investment in education, in dialogue among cultures to prevent hatred, it is deeply regrettable that the United States should withdraw from the United Nations agency leading these issues.

At the time when conflicts continue to tear apart societies across the world, it is deeply regrettable for the United States to withdraw from the United Nations agency promoting education for peace and protecting culture under attack.

This is why I regret the withdrawal of the United States.

This is a loss to UNESCO.

This is a loss to the United Nations family.

This is a loss for multilateralism.

UNESCO’s task is not over, and we will continue taking it forward, to build a 21st century that is more just, peaceful, equitable, and, for this, UNESCO needs the leadership of all States.

UNESCO will continue to work for the universality of this Organization, for the values we share, for the objectives we hold in common, to strengthen a more effective multilateral order and a more peaceful, more just world.

May 15, 2017

Monday, May 15, 2017 - ,, 2 comments

Art Held Hostage: Italy's Carabinieri issue its new online bulletin of stolen works of art


Since 1972 Italy's Comando Carabinieri Tutela Patrimonio Culturale has published a periodic bulletin that has proven to be a valuable tool towards raising awareness and working to combat illicit trafficking and the theft of works of art.

In his opening comments on their 38th edition, released today, Brig. Gen. Fabrizio Parrulli, Carabinieri TPC Commander stated

"We believe that what has been stolen must not be considered as lost forever. On the contrary, we regard it as held hostage by offenders who can and must be defeated by the Italian and the international police force, together with the Ministry of Cultural Heritage Activities and Tourism, the art dealers and all the citizens."

Under the general's guidance and oversight, this year's "Art Held Hostage", was coordinated and developed by Lt. Col. Roberto Colasanti, the Carabinieri TPC Chief of Staff working with Maj. Luigi Spadari, the Carabinieri TPC Data Processing Unit Commander.  Targeted towards those who protect cultural heritage, academics working in the field and the art market itself, the Art Squad's bulletin includes descriptions and images of the main works of art stolen in Italy during the past year which have not yet been recovered.

Objects in the bulletin are sorted in categories, identifying
- the artist or school (such as "attributed to", "workshop of", "copy by", etc.);
- title or subject of the work;
- material and technique;
- size;
- The Carabinieri Command for the Protection of Cultural Heritage database reference number.

and where possible, images of whatever quality is available in the objects documentation records.  

This year's bulletin highlights a total of 99 stolen works of art.  It also lists an additional 40 objects that have been recovered during the last year from bulletins 6, 7, 10, 11, 12, 18, 21, 22, 23, 25, 35 and 37.   Not a bad recovery rate and one that proves having good documentation increases the probability that a stolen work of art can be located and recovered. 

Fabrizio Rossi
Luogotenente presso Arma dei Carabinieri
Image Credit: UNESCO
Several of the objects listed as recovered in today's bulletin, like the Castellani jewellry collection, stolen in a dramatic theft to order heist from the Museo Nazionale di Villa Giulia in Rome and the marble head of Julia Domna, wife of Septimius Severus stolen from Hadrian's Villa, and recovered in the Netherlands, have been covered on this blog.  

Ancient Roman sarcophagus worth $4 million returned to Italy in 2014 after being stolen in 1981.


“Sansone” by Jacopo Tintoretto stolen November 19, 2015 from the
Verona Civic Museum of Castelvecchio with the exhibition curator

Peplophoros Statue Stolen from the Villa Torlonia in Rome in 1983



March 19, 2017

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Lecture: Criminals without Borders - The many profiles of the (il)licit antiquities trade.



For those interested interested in the realm of illicit trafficking who will be in Rome, Italy April 21, 2017 Lynda Albertson, ARCA's Chief Executive Officer will be giving a talk on "Criminals without Borders."

This one hour lecture, at 6:00 pm at John Cabot University will provide a brief overview of the profile of actors in the illicit art trade, giving examples of how those in the trade avoid detection and prosecution.

This presentation will discuss the motives of trafficking in art and antiquities, highlighting cases from source and conflict countries emphasizing that the trade thrives on commercial opportunity i.e., a means of dealing in high value commodities that are often poorly protected, difficult to identify and easy to transport across national boundaries.

Her presentation will examine specific case examples and will underscoring response mechanisms that work to proactively counter the illegal trade.

The discussion will highlight

--the interchangeable participants in the illicit antiquities trade
--varying motives/opportunities
--how connections through single interactions can form loosely based networks


Lynda Albertson is the CEO of ARCA — The Association for Research into Crimes against Art, a nongovernmental organisation which works to promote research in the fields of art crime and cultural heritage protection. The Association seeks to identify emerging and under-examined trends related to the study of art crime and to develop strategies to advocate for the responsible stewardship of our collective artistic and archaeological heritage. 

Ms. Albertson, through her role at ARCA seeks to influence policy makers, public opinion and other key stakeholders so that public policies are developed and based on apolitical evidence, and which addresses art crime prevention and the identification of art crimes in heritage preservation initiatives.

In furtherance of that, Ms. Albertson provides technical, scientific and regional expertise to national and international organizations such as UNESCO, CULTNET, ICOM, in furtherance of ARCA's heritage preservation mission.   For the past five years, Lynda has focused part of her work on fighting the pillage of ancient sites and trafficking of artifacts, particularly in the Middle East and North Africa, conducting research on the illicit trade in antiquities in MENA countries. 

Ms. Albertson also oversees ARCA's inter NGO - Governmental engagement and capacity building in MENA countries in recognition of UN Security Council Resolution 2199, which among other provisions, bans all trade in looted antiquities from Iraq and Syria and encourages steps to ensure such items are returned to their homelands. 

Tuesday, March 21, 2017 
6:00 PM - 8:00 PM (CET)
Guarini Campus
Via della Lungara, 233

October 8, 2016

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UNESCO issues report on Freeports


The Intergovernmental Committee for Promoting the Return of Cultural Property to its Countries of Origin or its Restitution in case of Illicit Appropriation (ICPRCP) promotes practical tools and communication to raise public awareness about trafficking in and return of stolen objects.

With its work closely tied to the 1970 Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property, the Committee met at UNESCO's Headquarters in Paris, on September 29-30, 2016 to discus the need for better prevention, increased cooperation and awareness raising of illicit trafficking in cultural property.

As an outcome of that meeting, UNESCO issued a document which highlights the phenomenon of free ports and their implications on the illicit art market. A copy of their report, it its entirety, can be referenced directly on the UNESCO website here:

Freeport concerns are a subject that ARCA has blogged about with regularity as has Professor David Gill on the blog Looting Matters as they have long been havens for high value artwork in general and illicit art work in particular.  More recently Free ports have been springing up around the world with increasing regularity as more investors begin to store and trade physical assets at locations which provide taxation incentives.

With their state of the art security, enormous potential for tax savings and less than transparent ownership record keeping which varies from country to country and freeport to freeport, these massive storage facilities may well continue to be a convenient and secure weigh station for traffickers to park hot goods until the world gets distracted elsewhere.  










August 10, 2016

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Reverse Smuggling - Archaeological Remains and Paintings Imported to Italy Without Proper Authority Seized

Three containers, searched by Italy's customs authorities have been seized by the Guardia di Finanza at the Port of La Spezia having been found to contain numerous smuggled works of art.  

The shipping crates, reported to be the property of a wealthy US businessman, are said to contain more than 100 objects, including several Roman era archaeological finds dating from the IV-III century BCE, 1 century CE Carrara marble statues, two large French-origin oil paintings dating back to the eighteenth century and various other antiquities and pieces of furniture. 

During the search, it was found that all the shipped items were imported without adequate proof of ownership or provenance.   

The objects, arriving from Miami, Florida, appear to have been smuggled into Italy in part, to furnish a home in the Florentine hills.  Local Italian authorities have filed a complaint against the US businessman for conduct punishable by the Italian Code of Cultural Heritage, the Italian Criminal Code and the Italian Customs Code.  

It has been estimates that the undeclared items, should proper provenance actually be established, would have an estimated import fee totalling approximately 23 thousand euros.  



March 14, 2016

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Another War's Cultural Cleansing and Rebuilding: Bosnia and the Destruction of Cultural Heritage

By Guest Author, Helen Walasek

With the deliberate attacks on historic monuments, archaeological sites and religious structures from mosques to monasteries now being enacted across Syria and Iraq, we should not forget the premeditated assaults on cultural and religious heritage in Bosnia-Herzegovina during the war of the 1990s, one of the most reported aspects of the conflict. 

Twenty years have passed since the end of the bitter 1992–1995 Bosnian War and the signing of the Dayton Peace Agreement. In The Hague two of the principal architects of the conflict, former Bosnian Serb leader Radovan Karadžić, and his military commander, Ratko Mladić, await judgement on war crimes charges at the International Criminal Tribunal for the former Yugoslavia (ICTY). 

Among those charges are the intentional destruction of cultural and religious heritage, a central element of the aggressive campaigns of ethnic cleansing that sought to create mono-ethnic / mono-religious territories within Bosnia-Herzegovina where once there had been diversity and coexistence. The destruction (usually far from the front-lines) was one of the defining features of a conflict that shocked the world. 

Smoke pours from the Vijećnica, the National Library of Bosnia Herzegovina
in Sarajevo after the shelling on the night of  25-26 August 1992. The photograph was a
prosecution exhibit at the ICTY. © ICTY

While the devastation provoked global condemnation, particularly attacks on iconic structures in cosmopolitan urban settings like the National Library (known also as the Vijećnica) in Sarajevo and Mostar’s Old Bridge (Stari Most), it was in towns and villages across wide swathes of ethnically-cleansed countryside where the destruction was worst, particularly of Bosnia’s Ottoman and Islamic heritage. Here some of the country’s most beautiful historic mosques, like the domed sixteenth-century Aladža Mosque in Foča and the the Ferhadija Mosque in Banja Luka were razed to the ground. 

Aladža Mosque See
Image Caption details
2a, 2b and 3 are found
at end ofthis article.

Orthodox and Catholic churches and monasteries were assaulted, too. The magnificent neo-Baroque Orthodox Cathedral of the Holy Trinity in Mostar was dynamited to rubble, the Franciscan Monastery at Plehan shelled, then blown up by a truck carrying two tons of explosives.

However, early hypotheses of an equivalent and mutual destruction of religious and cultural heritage by all three principal warring parties in the conflict (breakaway nationalist Bosnian Serbs and Bosnian Croats and the Bosnian government – usually labelled ‘Muslim’) have not been supported by later assessments.  These identify Bosnian Serb forces and their allies (which controlled 70% of the territory of Bosnia-Herzegovina), and on a lesser scale Bosnian Croat forces, as the principal perpetrators of ethnic cleansing – and thus of the destruction of cultural and religious property. 

The Dayton Peace Agreement ended the war in Bosnia-Herzegovina. One overarching aim was to attempt to reverse the effects of ethnic cleansing and restore the country to its prewar diversity. To those drafting the treaty, addressing the devastation to Bosnia’s cultural heritage was considered so essential to the peace process that Annex 8 of the eleven annexes to the Dayton Agreement provided for the formation of a Commission to Preserve National Monuments – a unique feature in any peace agreement.

But the post-conflict restoration of important historic monuments, particularly of iconic sites, were to become settings for the often competing agendas of both international and domestic actors. Meanwhile, surviving refugees and displaced people returning to reconstruct their communities in the places from which they had been violently expelled worked to a different dynamic. Here post-conflict restoration became closely bound up with ‘restoring’ feelings of security, a psychological yet literal ‘rebuilding’ of communities, yet which also came to encompass ‘hard law’ issues as obstacles to the right to reconstruct were challenged through legal remedies. 

Residents of Banja Luka stare at the remains of the 16th century Ferhadija Mosque
eliberately dynamited by the Bosnian Serb authorities in May 1993, more than a
year after the Bosnian War began. There had been no fighting in Banja Luka.
© Estate of Aleksander Aco Ravlić

The case of post-conflict Bosnia shows how, regardless of the aims of the peace process and the framework of the Dayton Peace Agreement (and the reasons that lay behind the destruction of cultural and religious property), when it came to reconstruction, the international community focused its attention almost entirely on restoring iconic sites like the Old Bridge at Mostar, predictably linking ‘restoration’ and ‘reconciliation’. Meanwhile, while in another domain, with frequently no help from international actors, returning communities attempting to rebuild and restore focused rather on human rights and freedom of religion.

What happened in Bosnia was to become a seminal marker and a paradigm of intentional cultural property destruction, not only among heritage professionals, but across disciplines from the military to humanitarian aid organisations in the years following the end of the war as they struggled to find answers to the questions raised by the inability of the international community in all its varied embodiments to prevent the destruction and where its representatives were frequently left as passive onlookers. 

The destruction in Bosnia-Herzegovina was to have a major impact in many spheres of heritage protection, not least the drafting and adoption of the Second Protocol to The Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict, and was the prompt for the formation of the Blue Shield movement.

At the International Criminal Tribunal for the former Yugoslavia, the court’s prosecutions led to groundbreaking judgements that crystallized a more definitive recognition in international humanitarian law that intentional destruction of cultural property was not only a war crime in itself, but a manifestation of persecution and – crucially – that destruction of a people’s cultural heritage was an aspect of genocide.

Typical uses for the levelled site of a destroyed mosque: as a parking lot and space
for communal garbage containers and small kiosks. This site of the now
reconstructed Krpića Mosque in Bijeljina in 2001. © Richard Carlton

Yet despite all this, the literature on the destruction of cultural and religious property in Bosnia-Herzegovina and its worldwide impact has been remarkably slight. An exception is the glut of publications on Mostar and the reconstruction of the Old Bridge – itself symptomatic of the focus of the international community post-conflict restoration efforts. 

Bosnia and the Destruction of Cultural Heritage gives the first comprehensive overview and analysis of the destruction of the cultural heritage in Bosnia-Herzegovina during the 1992–1995 war. A case study and source book on the first significant destruction of European cultural heritage during conflict since World War Two, it seeks to assess questions which have moved to the foreground with the inclusion of cultural heritage preservation and protection as an important aspect of international post-conflict and development aid.

Examining responses to the destruction (including from bodies like UNESCO and the Council of Europe), the book discusses what intervention the international community took (if any) to protect Bosnia’s heritage during the war, as well as surveying the post-conflict scene. Assessing implementation of Annex 8 of the Dayton Peace Agreement and the use of other legal remedies, it looks also at the treatment of war crimes involving cultural property at the International Criminal Tribunal for the former Yugoslavia. 

Author: 

With contributions by: 

Publisher: 
Routledge (Ashgate), 17 April 2015, 
hardback, 430 pages, 
126 black and white illustrations and 1 map

============================

Image Captions:
2.a The 16th century Aladža Mosque in Foča, one of the most important Ottoman monuments in South East Europe, pictured before its destruction in 1992.

2.b Site of the Aladža Mosque in 1996. Both photographs were used as prosecution evidence of war crimes at the ICTY. © ICTY

3. Satellite images of the Aladža Mosque, Foča, taken in October 1991 where its minaret and dome can be clearly seen and the same site in August 1992 showing a rubble strewn space where the mosque had once stood. The pictures were used as prosecution evidence in war crimes trials at the ICTY. © ICTY

______________
1] Final report of the United Nations Commission of Experts, Annex IV The policy of ethnic cleansing. S/1994/674/Add.2 (Vol. I), 28 December 1994, Introduction; Sanitized [   ] Version of Ethnic Cleansing Paper, dated 5 January 1995. See also Ethnic Cleansing and Atrocities in Bosnia, Statement by CIA Deputy Director for Intelligence John Gannon, Joint SSCI SFRC Open Hearing, 9 August 1995, and numerous ICTY prosecutions www.icty.org/. While Bosnian government forces did commit grave breaches of the Geneva Conventions, these assessments found that they had no policy of ethnic cleansing and did not engage in such operations.

February 16, 2016

Tuesday, February 16, 2016 - ,,,, No comments

Tutta italiana la prima task force a protezione del patrimonio culturale mondiale

Unite for heritage (#Unite4Heritage) 


La prima task force a protezione del patrimonio culturale del mondo, i Caschi Blu della Cultura con i Carabinieri Tpc, nati oggi firmando l'accordo con l'Unesco e presentati a Roma nel complesso delle Terme di Diocleziano. Firmata anche la nascita dell'International Training and Research Center of Economies of Culture and World Heritage, centro di formazione che sarà a Torino, dedicato al nuovo gruppo d'azione.


By:  Giuseppe Grifeo Di Partanna

Originally published in its entirety, with permission from Di Roma here. 

(a fine testo, prima un video sulla nuova task force e poi una galleria immagini sulla distruzione dell'antica e celebre città di Palmyra, demolizione voluta dall'Isis)


"Una nazione è viva quando è viva la sua cultura". Con queste parole scritte in inglese e in antico persiano si è dato il via alla presentazione della prima task force operativa a protezione del patrimonio culturale mondiale, i Caschi Blu della Cultura "Unite for heritage" che vede impegnati per primi al mondo i Carabinieri Tutela Patrimonio Culturale.

La frase fu scritta per la prima volta nel 2002 su un pezzo di stoffa appeso all'ingresso del Museo Nazionale dell'Afghanistan a Kabul, struttura salvata da saccheggi e distruzione, avviata alla sua ristrutturazione e restauro delle opere d'arte lì custodite.  Un simbolo chiaro come risposta inequivocabile e ferma, è la nascita di questo gruppo che vede i militari dell'Arma appartenenti al suo nucleo specializzato, insieme a esperti del settore, studiosi e professionisti, pronti a operare in tutto il globo.

Ne dà notizia la stampa di tutto il mondo, tanti i giornalisti non solo italiani alla presentazione. Ne scrive l'organizzazione internazionale ARCA (Association for Research into Crimes against Art) in un suo articolo dettagliato. 


Una presentazione, quella avvenuta oggi nell'aula X delle Terme di Diocleziano – Museo Nazionale Romano, che ha visto la presenza di ben quattro titolari di dicasteri, del direttore generale dell'Unesco, del Comandante dell'Arma dei Carainieri, del sindaco di Torino: i ministri Dario Franceschini (Beni e attività culturali e del Turismo), Roberta Pinotti (Difesa), Stefania Giannini (Istruzione, Università e Ricerca), Paolo Gentiloni (Affari esteri e Cooperazione internazionale), la direttrice Unesco Irina Bokova, il generale Tullio Del Sette e il primo cittadino del capoluogo piemontese, Piero Fassino.

«Il patrimonio culturale è di tutti e tutti abbiamo il dovere di proteggerlo e difenderlo - ha detto il ministro Franceschini - La comunità internazionale protegga patrimonio culturale umanità. Siamo il primo Paese che mette a disposizione dell'Unesco una task force completamente dedicata alla difesa del patrimonio culturale mondiale e già operativa. Spero siano molti i paesi a seguire questa strada».

Il tutto fa seguito all'accordo firmato a ottobre 2015 e con l'approvazione di una risoluzione all'Unesco presentata dall'Italia e firmata da altre 53 nazioni.

«Il patrimonio del mondo non è più minacciato nel corso di un conflitto dalle azioni di guerra, come avveniva nella Seconda Guerra Mondiale - ha sottolineato Franceschini - Ora la distruzione viene filmata e usata come propaganda, a simbolo dell'eliminazione di una cultura diversa, per cancellarla. L'importanza dell'atto firmato oggi non è solo simbolica ma ben concreta».

Il generale Tullio Del Sette ha ribadito la lunga storia operativa del nucleo Tutela Patrimonio Culturale del carabinieri, «nato 47 anni fa (ndR: 3 maggio 1969), primo reparto al mondo dedicato a questo tipo di attività operativa».

I carabinieri Tpc sono stati messi a disposizione anche di diverse nazioni che ne hanno avuto bisogno a seguito di situazioni di grandi crisi», momenti che hanno messo in pericolo il loro patrimonio culturale e tanto per fare un solo esempio numerico, questo Nucleo dell'Arma ha recuperato fino a oggi circa 750mila beni culturali fra opere e reperti.

«Questa Task force contrasta la strategia del terrore seguendo un'azione tipicamente italiana che viene della strategia anti-terrorismo - ha sottolineato il ministro Gentiloni che riferendosi all'Isis ha continuato - Va contro quelle azioni che colpiscono luoghi-simbolo per eliminare la cultura di nazioni e, obiettivo ancora più insidioso, per cancellare la diversità e la pluralità che hanno caratterizzato e caratterizzano le civiltà e i popoli o la "pulizia culturale" dell'Isis in Medio Oriente, con le persecuzioni delle minoranze cristiane e yazide».

L'Unite for heritage può contare su circa 30 carabinieri specializzati e altri 30 tra storici dell’arte, studiosi, restauratori dell’Istituto Centrale del Restauro e dell’Opificio delle Pietre Dure di Firenze. Presto anche anche professori universitari che vogliono partecipare all'azione del gruppo. Da qui la scuola di formazione a Torino, anche questa nata oggi con la sigla del sindaco della città, Fassino.

Il capoluogo piemontese ospita già lo Staff College delle Nazioni Unite. Il nuovo centro di formazione dedicato ai Caschi Blu della Cultura si chiamerà Itrech (International Training and Research Center of Economies of Culture and World Heritage), fondato anche dall’Università degli Studi, il Politecnico, l’ILO/OIT, il Consorzio Venaria Reale e il Centro Studi Santagata che è storico collaboratore dell'Unesco. L’Itrech avrà come base il Campus delle Nazioni Unite che oggi dà sede anche al Centro Internazionale di Formazione dell’Organizzazione Internazionale del Lavoro, allo Staff College e all’Unicri, agenzia Onu per la lotta alla criminalità (United Nations Interregional Crime and Justice Research Institute).

«Siamo testimoni oggi di un dramma a livello mondiale – ha detto Irina Bokova, direttore generale dell'Unesco nonché possibile nuovo segretario generale Onu – la distruzione del patrimonio culturale, il dramma della pulizia culturale delle minoranze etniche e di ciò che le caratterizza. L'entusiasmo nei confronti dell'Italia è grande perché questo Paese si è reso protagonista di questa nuova iniziativa che contrasterà la depredazione e la perdita del patrimonio mondiale, un'Italia che ha già 54 siti patrimonio dell'umanità, grandi ricercatori, studiosi e i carabinieri che tanto ci assistono con la loro opera».

«Avverto oggi un grande senso di responsabilità per l'apertura di un nuovo capitolo per la protezione del patrimonio culturale - ha concluso la Bokova - Stiamo lanciando oggi un grande messaggio. Ecco le nostre risposte contro l'estremismo, risposte che devono essere la ricostruzione di un mausoleo, il restauro degli scritti della sapienza islamica, dalla matematica all'astronomia, la ricostruzione del ponte di Mostar».


Come specificato anche dal ministero, l'Unite For Heritage non agirà sui fronti di guerra perché la gestione dei conflitti non rientra nel campo operativo del gruppo. I Caschi Blu della cultura non saranno schierati, per esempio, a difesa dell'antica città di Palmira difendendola dall’Isis ma, su specifica richiesta dell’Onu, interverranno in momenti di gravi crisi civili, come durante un terremoto, ad esempio quello del Nepal, per porre riparo a emergenze legate al Patrimonio, oppure verificheranno i danni a opere e siti archeologici dopo un conflitto e dopo il ritiro delle truppe coinvolte. Potranno predisporre il trasferimento in luoghi di sicurezza di opere che potrebbero essere in pericolo e, naturalmente, contrastare i depredatori e trafficanti di reperti utilizzando ogni strumento, compreso il vastissimo database dei Carabinieri TPC che sta alla base di un vasto programma Interpol per la protezione del patrimonio culturale.










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