Meeting of States Parties to the

Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property

A meeting of States Parties to the Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property was held on 13 October 2003 at UNESCO headquarters in Paris.

The Commission to Preserve National Monuments of Bosnia and Herzegovina was represented at the 14th General Assembly of Member States of the Convention Concerning the Protection of the World Cultural and Natural Heritage by Ljiljana Ševo.

The following agenda was adopted:

1.         Opening session and welcome by Mr Munir Bushnaqi, assistant for culture to the Director General

2.         Election of chair and rapporteur

3.         Adoption of agenda

4.         Report on implementation and UNESCO activities in relation to the Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property

5.         Discussion on the system of reporting by States Parties on the implementation of the Convention

6.         Presentation of draft UNESCO and World Customs Organization certificates for the export of cultural property

7.         Presentation of draft for the development of a database of legislation relating to the preservation of the cultural heritage

8.         Adoption of resolutions

Mr Munir Bushnaqi, assistant for culture to the Director General of UNESCO, drew attention in his opening remarks to current problems in the implementation of the Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property, particularly in Iraq.

The session was chaired by the representative of Portugal. The rapporteur was the representative of Nigeria.

Under agenda item 4, the representative of the Commission to Preserve National Monuments of Bosnia and Herzegovina Ljiljana Ševo informed those present about the Commission's jurisdiction, basic working principles, methods and criteria.  It was made clear that in the course of its work the Commission to Preserve National Monuments of Bosnia and Herzegovina upholds the Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property.

When adopting decisions to designate specific movable and immovable property as national monuments, the Commission to Preserve National Monuments of Bosnia and Herzegovina observes the principles of the Convention. In the course of its work it upholds the view that to be effective, the protection of the cultural heritage should be organized both at the national and the international level, and that it calls for close cooperation between states.  In this regard the Convention is attempting, in the course of its work and in particular in the provisions of the decisions it adopts to designate specific properties as national monuments, to eliminate these risks.

The representative of the Commission noted that although currently gravely at risk, Iraq is unfortunately not the only country from which movable heritage items are illicitly exported. During and since the war, Bosnia and Herzegovina has encountered many instances of illicit export, despite the fact that the legislation of Bosnia and Herzegovina is fully consistent with the provisions of the Convention.  Close and constant cooperation between the institutions with jurisdiction in these matters, the Customs Service and Interpol could contribute to improvements in the enforcement of the provisions of the Convention.

Under agenda item 6, pursuant to the agreed platform for the Commission representative's attendance at this meeting, it was made clear that the Commission to Preserve National Monuments is in favour of the adoption and use of certificates for the export of cultural heritage properties as proposed under agenda item 5 of the meeting of States Parties to the Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property, the draft of which was drawn up by UNESCO and the WCO. The Commission is of the view that the use of a uniform certificate for the export of cultural property would contribute to preventing the illicit import, export and transfer of ownership of cultural property.  The proposed draft certificate provides the specification of all the relevant data on the property that is the subject of export, and as such meets the criteria by which the Commission is guided in the course of its work.

The development of a uniform certificate for the export of cultural property is particularly important for Bosnia and Herzegovina, a state that suffered a massive, uncontrolled and illicit outflow of movable cultural heritage property, theft and illicit export during the 1992-1995 war.

Under agenda item 7, the representative of the Commission welcomed the initiative to create a central database on legislation relation to the preservation of the cultural heritage.  Such a database would without doubt contribute to harmonizing legislation in this domain and bringing it into conformity with international instruments.

The formation of a UNESCO database of legislation relating to cultural property is of particular importance to Bosnia and Herzegovina, where a draft state-level law on cultural property is currently being drafted.

The representative of the Commission handed the chair and the Italian and Argentinian representatives packages with catalogues and CDs presenting the work of the Commission to Preserve National Monuments and the endangered heritage of Bosnia and Herzegovina.  Many participants expressed interest in and made favourable remarks about the material.

Under agenda item 8, the following resolutions were adopted, which will be forwarded to UNESCO States Parties.