UNESCO 1970 Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property

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The 1970 Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property urges States Parties to take measures to prohibit and prevent the illicit trafficking of cultural property. It provides a common framework for the States Parties on the measures to be taken to prohibit and prevent the import, export and transfer of cultural property.

The return and restitution of cultural property is central to the Convention and its duty is not only to remember but to fundamentally safeguard the identity of peoples and promote peaceful societies whereby the spirit of solidarity will be strengthened.

Thus, the 1970 Convention is fully in line with the Sustainable Development Goals defined in the United Nations 2030 Agenda.


The 1970 Convention was a outcome of the 16th session of the General Conference of the Organization in 1970 and adopted on the14th of November that year.

This Convention has made UNESCO a pioneer in the fight against the illicit trafficking of cultural property.


The 1970 Convention gives a central role to prevention. Essential to the fight against illicit trafficking of cultural property, prevention can in particular consist of :


  1. the regular establishment of inventories;
  2. the establishment of export certificates;
  3. the application of controls and approval of traders;
  4. the application of criminal or administrative sanctions;
  5. the organization of information and education campaigns.


Restitution

Articles 7 and 13 of the 1970 convention provide the provisions for restitution.


For objects inventoried and stolen from a museum, public or religious monument, or a similar institution, article 7 paragraph (b) (ii), provides that States Parties should undertake appropriate measures to seize and return any cultural property stolen and imported. Article 13, states that parties are responsible at the national level in term of restitution and cooperation.


Obligation of State Parties:


States Parties should:

  • Adopt protection measures in their territories (art. 5) : Creating national Inventories / Registries
  • Control movement of cultural property (art. 6 to 9) : Enforcing Export and Import controls for stolen items and enforcing penal sanctions.  
  • Return stolen cultural property (art. 7): Seize and return stolen property of cultural significance on request of state parties, 

The Convention entered into force on 24 April 1972 with respect to States which deposited their instruments of ratification, acceptance, approval or accession on or before 24 January 1972.  India is a Party to the convention.

UNESCO - 1, UNESCO - 2, UNESCO - 3

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