Preserving the Past: International Cooperation to Protect Cultural Heritage

Did you know that every year thousands of artifacts vanish from museums, churches, private collections or archeological sites? From ancient coins and religious relics to world-class oil paintings and archaeological treasures, the illicit trade in cultural heritage has evolved into a highly organized and pervasive crime. Known as cultural heritage trafficking – or looting – this illegal practice involves the unauthorized removal, destruction, or transfer of cultural property, including monumental, archaeological, and anthropological artifacts. When an artifact is taken from its original context, it loses its ability to tell future generations about the lives, traditions, and histories of past civilizations. The theft of cultural heritage not only erases invaluable stories from humanity’s collective memory, but also undermines the very identity and legacy of the global communities.

While the trafficking of cultural artifacts dates back to thousands of years to the dawn of human civilization, this phenomenon has escalated into a critical global issue in recent decades. Experts in the field agree that the scale of the problem has not been this severe since World War II. For instance, satellite imagery of sites like Dura-Europos in Syria reveals extensive looting trails, starkly highlighting the devastating impact of cultural heritage theft. The loss of such artifacts diminishes our collective understanding of the past. While locals are sometimes implicated in looting, it is crucial to recognize that the market is primarily driven by demand. Looting thrives because of the high demand for cultural artifacts in affluent nations, such as the United States and several European countries, Yet, the consequences of looting extend far beyond the illegal trade in cultural heritage. The profits generated often fund terrorism, organized crime, and other criminal activities.

The 1970 UNESCO Convention and the 1995 UNIDROIT Convention remain key frameworks in the global effort to combat the illicit trafficking of cultural property. These conventions serve as vital references for encouraging states to take action, establishing legal mechanisms to facilitate the return of stolen or illegally exported artifacts, and promoting better regulation and protection of the art market. In line with these efforts, countries like Mexico are taking proactive measures to address the issue. Recently, Mexico launched a campaign titled “Protect Your Legacy,” which seeks to elevate illegal cultural heritage looting as a pressing global security concern.

The UN General Assembly has adopted a resolution aimed at strengthening the global fight against illicit cultural heritage trafficking. This initiative advocates for two primary approaches to tackle the issue: enhancing law enforcement and reinforcing the responsibilities of museums and auction houses. To bolster law enforcement, the resolution proposes specialized training for police, customs, and border officials. It also emphasizes the need for effective national and international measures to prevent the illegal trade in cultural property. Regarding museums and auction houses, the resolution highlights the importance of rigorous verification processes for the provenance of cultural artifacts during sales and acquisitions. The resolution further highlights the UN’s ongoing commitment to raising awareness among stakeholders, emphasizing the collective responsibility to safeguard cultural heritage and prevent its exploitation.

Article Written by: Patty Hu

Sources:
Molly Fannon, Interview, WCO news, (Jun. 26, 2016) available at https://mag.wcoomd.org/magazine/wco-news-81/the-looting-of-cultural-heritage-has-been-happening-since-the-very-existence-of-cultural-heritage-it-is-not-anything-new-but-what-we-see-now-is-that-looting-has-become-highly-organized/

Illicit Trade in Cultural Property, TRACIT.ORG, available at https://www.tracit.org/cultural-property.html

Vibhu Mishra, UN General Assembly Boosts Global Fight Against Illegal Trade in Cultural Artifacts, UN News, (Dec. 6, 2024) available at https://news.un.org/en/story/2024/12/1157921

UNODC, “Stealing from the past is destroying our future”: UNODC Mexico and UNESCO launch the ‘Protect your legacy’ campaign, UN, (Nov. 14, 2023) available at https://www.unodc.org/unodc/en/frontpage/2023/November/stealing-from-the-past-is-destroying-our-future_-unodc-mexico-and-unesco-launch-the-protect-your-legacy-campaign.html

Aaron J Smith, Who Owns Culture?: The Preservation and Destruction of Cultural Heritage, Palo Alto College, (2023) available at https://pressbooks.pub/pacarthistory/chapter/who-owns-culture-the-preservation-and-destruction-of-cultural-heritage/