[no subject]

[Alison Wain <alison@charvolant.org>]

Subject: UN SECURITY COUNCIL PROHIBITS ALL TRADE IN IRAQI CULTURAL 
PROPERTY ILLEGALLY REMOVED SINCE 1990 AND DEMANDS ITS RETURN TO IRAQ


David Hallam asked me to forward this to Ozcons. So here it is.

Alison

UN SECURITY COUNCIL PROHIBITS ALL TRADE IN IRAQI CULTURAL PROPERTY
ILLEGALLY REMOVED SINCE 1990 AND DEMANDS ITS RETURN TO IRAQ

The UN Security Council Resolution 1483 which approved new post-war
arrangements in Iraq (adopted by a 14-0 vote on 22 May 2003) imposes a
world-wide ban on trade in or transfer of Iraqi cultural property
illegally removed since 6 August 1990.
Clause 7 of the Resolution states that [the Security Council]:
"7. Decides that all Member States shall take appropriate steps to
facilitate the safe return to Iraqi institutions of Iraqi cultural
property and other items of archaeological, historical, cultural, rare
scientific, and religious importance illegally removed from the Iraq
National Museum, the National Library, and other locations in Iraq since
the adoption of resolution 661 (1990) of 6 August 1990, including by
establishing a prohibition on trade in or transfer of such items and
items with respect to which reasonable suspicion exists that they have been
illegally removed, and calls upon the United Nations Educational,
Scientific, and Cultural Organization, Interpol, and other international
organizations, as appropriate, to assist in the implementation of this
paragraph;"

Clause 6 of the Resolution also calls for action to implement previous
Security Council resolutions demanding the return of Kuwaiti cultural
property, including the National Archives of Kuwait, illegally removed
to Iraq in 1990.

The reference in clause 7 to ..."other locations in Iraq" is
particularly important, since under the country's Antiquities Acts 1936 
- 1975 all
movable antiquities over 100 years old have legal protection wherever
they are located within the country - not just those in museum
collections. The law also provides for close regulation of exports,
archaeological excavations and chance archaeological finds, and all
newly discovered antiquities etc. have been the legal property of the State
since the days of the British Mandate in the 1920s.
ANY antiquity discovered in, or removed without authority from, Iraq
since shortly after the end of World War I are likely to be National 
property,
and anything on the international art or antiquities market is likely to
be clandestine and illegal.  Consequently all transactions in such
material since 6th August 1990 are likely to be affected by the new
Security Council resolution, and subject to the Security Council's
requirement, binding on all States, that such material be returned.


The full text of the 7 page Security Council resolution in .pdf format
is now available on the UN web site at:

http://ods-dds-ny.un.org/doc/UNDOC/GEN/N03/368/53/PDF/N0336853.pdf?OpenElement
An English translation of the Antiquities Acts 1936-1975 can be
downloaded from my "Heritage in Peril" section of Culture & Development 
on the
World Bank-based Development Gateway at:
http://developmentgateway.ord/download/181160/Iraq-Antiquities-Law.rtf/rtf


Patrick Boylan
(City University London)