Main submitter: Kingdom of the Netherlands

Co Submitter: Republic of South Africa

UNESCO,
1. Recalling its resolutions 1267 (1999), 1373 (2001), 1483 (2003), 2056 (2012), 2100
(2013), 2249 (2015) and 2322 (2016), as well as its Presidential Statements
S/RPRST/2012/26;
2. Taking note of United Nations Educational, Scientific and Cultural Organization
(UNESCO) general conference’s 38 C/48, by which member states have adopted the
strategy for the reinforcement of UNESCO’s actions for the protection and the Promotion
of Cultural Pluralism in the event of Armed Conflict, and have invited the Director
General to elaborate an action plan in order to implement the strategy;
3. Reaffirming its primary responsibility for maintenance of international peace and security
in accordance with the Charter of the United Nations and reaffirming further the purposes
and principles of the Charter of the United Nations;
4. Commending the efforts undertaken by member states in order to protect the cultural
heritage in the context of illicit exchanges of cultural property between countries;
5. Welcoming the central role played by UNESCO in protecting cultural heritage and
promoting culture as an instrument to bring people closer together and foster dialogue,
also preventing countering all forms and aspects of trafficking in cultural property and
related offenses, including through fastening broad law enforcement and judicial
cooperation, and in raising awareness in such trafficking;

OC:
1. Deplores and condemns the unlawful destruction of cultural heritage, inter alia
destruction of religious sites and artefacts, as well as the looting and smuggling of
cultural property, from archaeological sites, museums, libraries, archives, and other sites,
in the context of armed conflicts, notably by terrorist groups;

2. Proposes a certain procedure of restitution of illicitly exported cultural property to its

rightful owner, including:
a. Forming a neutral mediation committee formed by legal advisors and professionists for
finding the most suitable mechanism for each individual case;
b. Inviting countries to address the mediation committee;
c. Proceeds into adopting a specific procedure consisting in:
i. identifying the location and state of the artifact requested;
ii. advising countries into filling a report demanding the restitution of the
artefact located;
iii. further invite the committee to investigate in order to form a report that
tackles boundaries specifically applicable for the artifact that will be
delivered to the Parties;
iv. invites the Parties to negotiate about the best suitable mechanism fitted
into the boundaries;
v. further ask the mediation committee to establish the final result of the
negotiation;
 d. invites the countries to materialize the first stage of the negotiation procedure:
i. if the demanding country can provide a safe space and the arteifact can
be safely transported, it should be returned to the country of origin, if
established so by the mediation committee;
ii. if the demanding country can’t provide a safe space and the artifact
transportation would damage it, the cultural object should remain in its
current place in exchange of a tax to prevent further damages that can
occur due to the state of the artifact;

3. Further requests the consequence of the illicit exported cultural property to be modified from
breaking the diplomatic relations to keeping them, but the country found guilty to completely
fund the process of restoring the cultural object to its origins;

4. Stresses that Member States have the primary responsibility in protecting their cultural
heritage and that efforts to protect cultural heritage in the context of armed conflicts should be in
conformity with the Charter of the United Nations, including its purposes and principles, and
international law, and should respect the sovereignty of all States;

5. Assure the countries found in the context of armed conflicts, notably by terrorist groups and in
a detrimental state of the safety of the once trafficked cultural heritage and providing them the
possibility of reclaiming it once the situation comes to an end;

6. Calls upon Member States, in order to prevent and counter trafficking of cultural property
illegally appropriated and exported, to consider adopting the following measures, in relation to
such cultural property:
a. Introducing or improving cultural heritage's and properties' local and national inventory
lists, including through digitized information when possible, and making them easily
accessible to relevant authorities and agencies, as appropriate;
b. Adopting adequate and effective regulations on export and import, including certification
of provenance where appropriate, of cultural property, consistent with international
standards;
c. Creating educational programmes at all levels on the protection of cultural heritage as
well as raising public awareness about illicit trafficking of cultural property and its
prevention;
d. Taking appropriate steps to inventory cultural property and other items of archaeological,
historical, cultural, rare scientific and religious importance which have been illegally
removed, displaced or transferred from armed conflict areas, and coordinate with relevant
UN entities and international actors, in order to ensure the safe return of all listed items;
e. Urges Member States to offer special training for police, customs and border services;
7.  Calls upon UNESCO, UNODC, INTERPOL, WCO and other relevant international
organizations, as appropriate and within their existing mandates, to assist Member States in their
efforts to prevent and counter destruction and looting of trafficking in cultural property in all
forms;
8. Encourages the necessary research and studies for the establishment of coherent programmes
for the creation of representative collections in countries whose cultural heritage has been
dispersed;

9. Calls upon all Member States in a position to assist the affected States in combating
trafficking of cultural property illegally excavated from archaeological sites and taken from
museums, libraries, archives and manuscript collections, including through international
cooperation in the restitution of stolen or illicitly exported cultural property, as appropriate;

10. Decides to remain actively seized on the matter.