General Assembly Session 56 meeting 82

Mr. Simonovi (Croatia)

Croatia is a country with a rich cultural heritage. Situated at the crossroads of different cultural influences, its culture has been constantly enriched. However, due to the turbulent political events and conflicts in the region, Croatia has often fallen victim to the appropriation of its cultural property. Consequently, the issue of the return or restitution of cultural property to the countries of origin is of utmost importance to my delegation.

We commend the valuable work of the United Nations Educational, Scientific and Cultural Organization (UNESCO) in this field, especially that of its Intergovernmental Committee for Promoting the Return of Cultural Property to its Countries of Origin or its Restitution in Case of Illicit Appropriation. We are pleased that Croatia was recently elected to that Committee.

A large number of UNESCO member States are exposed to illicit export and trafficking in cultural artefacts, thus being deprived of their historical identity and traditions. It has to be emphasized that the effective fight against this crime against national heritage can be achieved only through cooperation, solidarity and organized initiatives at the international level. Croatia will spare no effort to work together with the other members of the Committee, as well as with other member States of UNESCO, in this regard.

In our last speech on this subject, two years ago, we informed the General Assembly about the grave consequences Croatia's cultural property suffered during aggression and occupation in the 1990s. I could illustrate this simply with just one sentence. According to independent foreign reports, more cultural artefacts were destroyed in Croatia during the first seven months of war in 1991 and 1992 than during the entire duration of the Second World War. We have also informed the Assembly of cultural property taken away from Vukovar and the Dubrovnik area, and we have demanded its return.

After almost 10 years of being deprived of a significant part of our cultural heritage, we are glad to inform the General Assembly that bilateral negotiations with the new Government in Belgrade have been successfully concluded and that cultural property taken away should be immediately returned to where it belongs -- to Vukovar and to the other parts of Croatia.

As an attractive tourist destination with a rich natural and cultural heritage, Croatia is very vulnerable to the loss of its cultural heritage in times of peace as well. Therefore, we welcome the adoption of the Convention on the Protection of Underwater Cultural Heritage and are highly interested in joining international initiatives for combating illicit trafficking in cultural property.

The beauty of this world is in its diversity. We live in different countries, speak different languages, have different customs and enjoy different cultures. It is exactly this diverse global heritage, which we should all admire and learn about, that connects us and enriches us all. That is also why the protection of cultural property should be our common task.

Mr. Moushoutas (Cyprus)

I am making this statement on behalf of the Permanent Representative of Cyprus, Ambassador Zackheos.

The issue of the return or restitution of cultural property to the countries of origin constitutes an area in which international relations are put to a test -- a noble test -- to ensure that cooperation among State and non-state actors can positively affect the lofty goal of protecting the cultural heritage of mankind.

My delegation attaches particular importance to this issue and to the efforts of the United Nations in general, and the United Nations Educational, Scientific and Cultural Organization (UNESCO) in particular, for the considerable work that is being done in this direction. In this respect, we welcome the Secretary-General's report contained in document A/56/413, as well as the 10 recommendations contained in the report of the Director-General of UNESCO on the action taken by the organization on the return and restitution of cultural property to the countries of origin.

Since our last discussion on this item before this body, the recommendations adopted 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 eleventh session, held in Phnom Penh this year, constitute a positive development that we warmly welcome.

Another development was the creation by UNESCO of the International Fund for the Return of Cultural Property to its Countries of Origin or its Restitution in Case of Illicit Appropriation. We also welcome the adoption by the General Conference of UNESCO of an International Code of Ethics for Dealers in Cultural Property as an important international voluntary standard for professionals.

Cyprus, as a State party to the Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict of 1954 and a signatory of its Second Protocol, adopted in 1999, follows with interest the work undertaken to address the illicit sale of cultural objects on the Internet and the need for Member States to adopt appropriate international legislation in the field.

The combating of illicit trafficking in cultural property is a task that requires perseverance and multifaceted collaborative efforts. One of the major areas in this direction is the promotion of international documentation for recording data of cultural property and the dissemination of information in order to assist in its recovery. Cyprus supports all efforts in this regard, including the establishment of the UNESCO online network that will include a regularly updated inventory of stolen cultural artefacts, including those removed illegally from areas of conflict and occupied territories.

Cyprus also supports the view that, in order to halt illicit trafficking, Member States should ensure that officials of customs and border control services are fully trained in their duties to apply the rules of the UNESCO Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property of 1970 and to report any cases of illicit activity to the appropriate authorities of the State party concerned.

My country's 9,000 years of recorded civilization have left us with an immense cultural heritage that we have an obligation to protect and bequeath to future generations. By virtue of its geographical position at the crossroads of three continents and many civilizations, Cyprus's cultural heritage has, through the millennia, been continuously enriched and provides a unique insight into the many civilizations that have existed on the island during its long and eventful history. Many of the artefacts of this rich cultural history can be viewed in museums throughout the world. Many more, unfortunately, have become the objects of illicit trafficking, especially those removed illegally from the territory of the island under foreign occupation since 1974.

The plundering of the cultural heritage of Cyprus in this area has been so widespread that it led to a decision by the United States, which we warmly welcome, to impose in April 1999 an emergency import restriction on Byzantine ecclesiastical and ritual ethnological material from Cyprus unless such material is accompanied by an export permit issued by the Government of Cyprus. Our determination to investigate the fate and to pursue the return of every illegally removed object of our cultural heritage to its rightful owner is unshakeable. We look to the international community to extend its solidarity and support in our effort to protect an invaluable part of the cultural heritage of humanity.

Mr. Amer (Libya)

The international community has laid down specific rules within international law to protect and return cultural property to the countries of origin. There are many international conventions and agreements on this issue, such as the 1970 Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property; the 1972 Convention concerning the Protection of the World Cultural and Natural Heritage; and the International Institute for the Unification of Private Law Convention on Stolen or Illegally Exported Cultural Property.

It is indeed gratifying to note the increased international attention to the return of cultural property to the people and nations that are its rightful owners, as it is part of their history and a reflection of their ancient civilizations. My delegation wishes to commend the United Nations system, in particular the United Nations Educational, Scientific and Cultural Organization (UNESCO), for encouraging bilateral negotiations on the return of such property, the establishment of inventories of it and the limiting of illicit trafficking in it.

While we welcome the UNESCO Director-General's establishment of the International Fund for the Return of Cultural Property to its Countries of Origin or its Restitution in Case of Illicit Appropriation, which is an important instrument in the use of Object-ID and the training of museum experts, we believe that this important issue calls for further efforts, especially in the fields of information exchange; raising awareness and education, especially among the young; and the establishment of comprehensive inventories of cultural property stolen from its proper owners.

Libya, like many other countries, has suffered extensive pillaging of its cultural heritage. Indeed, the conditions that the colonialists imposed on the Libyan people opened the door to the organized and systematic theft of major elements of Libyan civilization, dating back to ancient times. Visitors to museums and other cultural centres in Europe and America can attest to the artefacts, manuscripts and handicrafts that remain as evidence of the refined tastes of Libyans who left behind them a rich and wonderful heritage.

Colonialism has scattered some of these treasures and buried others in vaults of antiquities. In the last two decades of the nineteenth century, hundreds of sculptures were stolen from the historic city of Shihat in eastern Libya, along with dozens of pottery wares and tablets telling the history of the city, and thousands of rare coins made of precious metals. Historical sources tell of dozens of fine columns and galleries that were taken from Leptis Magna in western Libya and are now in Britain, adorning the garden of one of its royal palaces. The same sources describe dozens of marble columns and smaller artefacts transported out of the same city by a European. A different European took from Benghazi more than 600 prehistoric objects that are now in European museums.

The report of the Secretary-General contained in document A/56/413 details the activities of the Intergovernmental Committee for Promoting the Return of Cultural Property to its Countries of Origin or its Restitution in Case of Illicit Appropriation. The Committee calls on Member States to ensure the implementation of the rules of the UNESCO Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property and urges the competent authorities of the States parties concerned to fully implement this Convention. The Committee has also called on UNESCO to support, by all available means, the efforts of Member States to establish inventories of their cultural heritage to improve its preservation at the national level, as well as to improve the circulation of information concerning theft of such property.

While my delegation appreciates and commends these efforts, it notes that progress remains limited. We are concerned that the majority of the countries that have acquired cultural treasures have not shown any serious intention of taking measures to implement the resolutions adopted by the General Assembly under this item, which the Libyan Arab Jamahiriya was among the first to seek to include in the agenda of this session, consistent with the importance it attaches to the return of cultural property to the countries of origin.

Moreover, most of the countries that hold the cultural property of others still refuse to join the Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property, which was concluded more than 30 years ago. This reveals that the views and ideas of those who claim to be the leaders of modern civilization and guardians of human heritage are still hostage to a past that witnessed the theft of others' property, including their cultural heritage.

My country has a rich cultural heritage that we remain committed to recover, including our manuscripts, artefacts, jewellery and other works of art. We hope that the countries holding this property, which they acquired unlawfully, by theft, will help in returning it without delay or proscratination. To do otherwise would be to ignore the resolutions of the General Assembly. We cannot keep silent regarding our stolen property and we will do everything possible to recover those treasures. They are the symbol of our past and identity, and we will not forget that.

Mr. Krokhmal (Ukraine)

The issue of cooperation between States in the sphere of return or restitution of cultural property is becoming increasingly important in terms of ensuring the safety of the cultural space. Appeals for preservation of the collective memory embodied in historic and cultural achievements, and calls for the application of collective experience and intellect in our efforts to deal with this problem, are becoming stronger and stronger. No one can doubt that cultural treasures are the key element in communication, mutual understanding and rapprochement between peoples and between States.

Ukraine attaches great significance to finding practical solutions to the persistent and complex problems that hinder the restitution to the countries of origin of stolen or illicitly removed cultural property. Numerous valuable pieces of our cultural property have been removed from the territory of Ukraine and dispersed throughout the world, inaccessible to my country and subtracted from its scientific and cultural life.

Our country is developing international cooperation at both the bilateral and multilateral levels and is open to constructive dialogue with all interested parties in this respect. We proceed from the understanding that the return of cultural property to the countries of origin is a delicate problem politically, legally and ethically. That is why we are prepared to address each case appropriately and carefully, with due regard for the conditions under which masterpieces were removed from our country.

We believe that the solution to these problems should be based only on international law. Ukraine has ratified a number of international instruments, including the 1970 UNESCO Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property; the Convention concerning the Protection of the World Cultural and Natural Heritage, adopted by the General Conference of UNESCO in 1972; and the 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict. We are convinced that these important legal instruments are a solid foundation for the protection of cultural treasures for future generations.

I would also like to emphasize that an active policy on the protection of cultural heritage is one of the high priorities of the Ukrainian Government, which recently adopted the State programmes "Return to Ukraine" and "Cultural Treasures of Ukraine", aimed at the systematizing of activities aimed at the restitution of our historic cultural heritage. These projects envision wide cooperation with foreign partners. In Ukraine, we have also established a State service for control over the transferring of cultural treasures across the State border.

In our view, a coordinated international approach to the problem of the return of cultural property to the countries of origin and of the reduction of the effects of its illicit trafficking should become a significant component of the global strategy of the United Nations.

In this regard, my delegation attaches particular importance to the efforts of the United Nations in general -- and of UNESCO in particular -- for the considerable work that has been done in this regard. We note with appreciation the report of the Secretary-General submitted in cooperation with the Director-General of UNESCO, which provides a helpful account of the work done by UNESCO in promoting bilateral negotiations for the return or restitution of cultural property as a matter of cultural continuity and justice; of the preparation of inventories of movable cultural property; and of the dissemination of information to the public in this field. We welcome the recommendations contained in the report.

My delegation understands that it is our moral obligation to work tirelessly to protect the historical and cultural values of human civilization. We owe this to both past and future generations.

In this regard, we welcome the proclamation of 2002 as the United Nations Year for Cultural Heritage. Ukraine would like to thank the delegation of Greece for its leadership in preparing the draft resolution on the return or restitution of cultural property to the countries of origin, which represents a good basis for the development of cooperation among Member States in this area. We are pleased to sponsor and support this draft resolution and look forward to future progress in its implementation.

Mr. Kim Chang Guk (Democratic People's Republic of Korea)

The States Members of the United Nations have underlined, through the resolutions of the General Assembly, that cultural properties are an important intellectual and cultural asset of each and every country, and that therefore they should be safeguarded and returned to the countries of origin in the event of their illegal transfer.

A country's national cultural heritage, created over time, is imbued with the nation's wisdom and ingenuity and reflects the history of its development. Preserving a nation's cultural heritage is significant in that this allows its people to inherit and develop a cultural tradition, thus instilling in them national pride and confidence.

The United Nations Educational, Scientific and Cultural Organization (UNESCO) and other relevant governmental and non-governmental organizations are rendering technical assistance to the work of Member countries in registering cultural properties and in recovering and preserving them.

My delegation wishes to take this opportunity to express its appreciation for the activities of UNESCO and of other relevant organizations for recovering and preserving cultural properties.

Our country is abundant in cultural properties, as its history spans 5,000 years. From the very beginning of human civilization, our nation has had its own, indigenous culture and thereby contributed to the development of culture and science. As early as the seventh century, we engaged in astronomical observation for meteorological study and used metal print.

There are many cultural properties in our country, including royal tombs, temples, stone pagodas, paintings, calligraphic works and folk artefacts, all reflecting the history of the nation's development and its national wisdom.

Many of these valuable cultural properties, however, were damaged or lost during the aggression by, and the colonial rule of, Japan. Japan plundered and destroyed many of the cultural properties forming our national treasure.

In order to extinguish the Korean nation, Japan prohibited the teaching of the Korean language and history and forcibly confiscated and burned history, geography and other books. It also ravaged cultural properties such as monuments and architecturally significant buildings, which could give rise to national sentiments on the part of the Korean people.

The number and value of the cultural properties confiscated by Japan during its 40-year-long colonial domination over Korea are incalculable. However, Japan has not yet recognized its past crimes; rather, it distorts the history of its aggression against Korea and other Asian countries. Japan must return the cultural properties it has taken from Korea and duly compensate it for the property it has destroyed.

The Government of the Democratic People's Republic of Korea has made major efforts to preserve national cultural relics. The recovery of historical relics and the preservation of cultural properties will enable new generations to better know the history of their nations and will imbue them with the spirit of national independence by enabling them to inherit and develop their cultural tradition.

In my country, we have restored to their original state the tomb of Tangun, the founding father of Korea, and the tomb of Tongmyong. We have rehabilitated old tombs that had been damaged, and we have preserved cultural properties that include mural paintings in such tombs.

We are cooperating fully with UNESCO in its efforts to preserve cultural property. We will further contribute to enriching the treasure house of humankind by continuously recovering and preserving historical relics.

Mr. Aboul Gheit (Egypt)

My country deems it highly important for us to address the question of the return of cultural properties to their countries of origin or their restitution in case of illicit appropriation, as this issue is very closely connected to the rights of peoples to preserve their cultural roots and heritage.

The international community has become increasingly aware of the rights of peoples to recover and preserve their cultural property, and this growing awareness has been the catalyst for the efforts of the international community, through the 1954 Convention for the Protection of Cultural Property in the Event of Armed Conflict and through the 1970 Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property. Finally, the Convention on Stolen or Illegally Exported Cultural Objects was adopted in 1995 and came into effect in 1998.

Egypt is one of the oldest civilizations in the world. Our country is situated at a crossroads -- a meeting place for different civilizations and cultures. This interaction has produced a unique human tapestry that has given the world a trove of treasures, antiquities and works of art of inestimable value -- milestones marking the long course of Egyptian civilization over the ages. We believe that only the children of that Egyptian civilization can safeguard such treasures. Many Egyptian antiquities have unfortunately been removed from the country over a period of many years. Were it not for the artistic abundance of our civilization and the new discoveries that are made on a daily basis, very little would remain of that cultural property and all of those works of art, given the organized theft and intensive illicit trafficking that has taken place over the years.

Egypt has worked very hard to recover the cultural property that has been removed from the country illegally. We have entered into bilateral and multilateral dialogue with the countries where the property is currently located. Despite the positive results that have been reached in certain areas, we are still very far from our goal. We would like to pay special tribute to the United Nations Educational, Scientific and Cultural Organization for its role in this connection. The Intergovernmental Committee for Promoting the Return of Cultural Property to its Countries of Origin or its Restitution in Case of Illicit Appropriation has done commendable work. We welcome the recommendations adopted by the Committee at its eleventh session, in Cambodia last March.

We would like to stress that it is necessary for both States and individuals to respect the international legal regime that governs these issues. Furthermore, all countries must abide by their moral and legal responsibilities. In this connection, we welcome the adoption in 2000 of the International Code of Ethics for Dealers in Cultural Property. We call upon the international community to continue to work to ensure that all museums, dealers and relevant cultural and trade institutions respect that Code. We would like to emphasize that States are responsible for ensuring the implementation of the International Code of Ethics; governmental cultural institutions must respect the rules and principles laid down therein.

The restitution of cultural property has taken on new impetus because of the proclamation of 2002 as the United Nations Year for Cultural Heritage. We hope that this will provide an opportunity for international activities to be undertaken that will make it possible for the works of art and cultural property -- particularly those that have been illicitly transported -- of all peoples throughout the world to be recovered and returned to the countries of origin. Egypt supports efforts to restore such cultural property and appeals to all countries that have Egyptian cultural property that has been illicitly transported to cooperate with us in this connection. There can be no doubt that this just cause is a true test of the international community's respect for the rule of law and the good governance that are referred to so often in international forums and declarations.

The Acting President

We have heard the last speaker in the debate on this item for this meeting. I should like to inform members that, at the request of the sponsors, action on draft resolution A/56/L.41 will be taken at a later date.

The Acting President

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