report of the launch of sadcha and workshop on moving sadc ... · museums and monuments. the...
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REPORT OF THE LAUNCH OF SADCHA AND WORKSHOP ON MOVING SADC FORWARD BY COMBATING THE ILLICIT TRAFFICKING OF CULTURAL AND NATURAL HERITAGE
Phakalane Golf Estate Resort 23rd-26th March 2015
Evaluation Submitted by; SADCHA Botswana Reference Number ERI/MSP/PPF/4/14/AFR.430
Establishment of SADCHA Secretariat and Launh
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Table of Contents Page
Introduction………………………………………………………………………………………………………….. 3 Welcome remarks………………………………………………………………………………………………….. 3 Official Opening………………………………………………………………………………………………………. 4 Objectives of the launch………………………………………………………………………………………….. 5 Presentation on ICOM……………………………………………………………………………………………… 5 ICOM in brief…………………………………………………………………………………………………………….. 5 Brief history on the establishment of SADCHA………………………………………………………….. 6 Discussion and comments…………………………………………………………………………………………. 7 Brief overview of SADCHA………………………………………………………………………………………… 8 Discussion on the SADCHA strategic plan………………………………………………………………….. 9 The SADCHA 3year Action Plan…………………………………………………………………………………… 10-11 SADCHA membership…………………………………………………………………………………………………. 11-12 SADCHA organizational structure………………………………………………………………………………… 12 The new executive committee elections……………………………………………………………………… 12-13 Resolutions and way forward………………………………………………………………………………………… 13 Objectives of the workshop…………………………………………………………………………………………… 14 States of ratification……………………………………………………………………………………………………… 15 Windhoek Namibia 14-15 September 2011………………………………………………………………….. 15 Gaborone Botswana 5-7 November 2012……………………………………………………………………… 16 The 1970 UNESCO convention……………………………………………………………………………………….. 16 UNIDROIT 1995 convention…………………………………………………………………………………………… 18 Interpol database on stolen cultural property………………………………………………………………… 20
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Combating illicit trafficking; current situation in SADC…………………………………………………… 23 Case study; Mozambique……………………………………………………………………………………………… 24 Presentation by SAHRA………………………………………………………………………………………………… 24 Heritage crime in SA……………………………………………………………………………………………………… 25 SAHRA’s National Audit project……………………………………………………………………………………. 25 Identification of objects by participants……………………………………………………………………… 26 Excursion………………………………………………………………………………………………………………………… 27 Conclusion……………………………………………………………………………………………………………………… 27 Closing……………………………………………………………………………………………………………………………. 28 List of attendants……………………………………………………………………………………………………………. 29
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INTRODUCTION Botswana played host to a two day launch of the Southern African Development Community heritage Association (SADCHA) and a two day workshop on “Collections management as a tool for combating the illicit trafficking of cultural and natural heritage in the SADC”, held in Gaborone from the 23rd to the 26th of March 2015 at the Phakalane Golf Estate Hotel Resort. The launch and workshop brought together more than sixty delegates representing museums and law enforcement agencies in the SADC countries such as Angola, Botswana, Lesotho, Swaziland, Malawi, Mozambique, Namibia, South Africa, Zambia, Zimbabwe, Seychelles and Tanzania. Also present were regional representatives of UNESCO and Interpol as well as representatives from Interpol headquarters in Lyon, France. UNIDROIT in Italy and specialists from UNESCO. There were also Invited observers from the media and other stakeholders. The launch and workshop were sponsored by UNESCO through the Participation Program, UNESCO SADC Regional office on Harare, German Embassy, American Embassy and National Museum and was held in collaboration with the Government of Botswana through the Department of National Museums and Monuments. The Southern African Development Community Heritage Association (SADCHA) launch was meant to introduce SADCHA to the SADC secretariat and heritage managers of the SADC. SADCHA was established to offer a platform for facilitating co-operation and cross-border partnerships in the heritage and culture sector for SADC countries. SADCHA is a resuscitation of the Sothern African Development Community Association of Museums and Monuments (SADCAMM) founded in 1988 by and for museums in Southern Africa. The association became an affiliate body of the International Council of Museums (ICOM).
The workshop constitutes a fight against increasing crime affecting heritage products which is not regarded by many African countries as a serious crime. The workshop thus was meant to raise awareness and discuss ways to combat it using internationally available instruments. These include accession to international conventions such as the 1970 UNESCO Convention, the 1995 UNIDROIT Convention and the 1954 Convention. The workshop also discussed available strategies such as those used by Interpol as well as best practices from other countries and regional collaborations. Practical observations and exercises were carried out to identify strategies that are needed to combat illicit trade in cultural properties. A series of recommendations emerged from the workshop designed to strengthen the fight against illicit trafficking. Other recommendations were made on how to keep SADCHA running to avoid it becoming dysfunction like SADCAMM.
Welcome Remarks: The Deputy Director of The National Museums and Monuments Mr. Stephen Mogotsi, in his welcome remarks expressed gratitude at the support of the SADC countries, UNESCO, Interpol and UNIDROIT in facilitating the SADCHA launch and the workshop. He welcomed delegates from the SADC countries who attended the launch and workshop.
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Deputy Director of Botswana National Museums and Monuments (Mr. Stephen Mogotsi)
OFFICIAL OPENING: The workshop was officially opened by the Assistant Minister of Finance and Development Planning Mr. Vincent Seretse. He noted that the workshop had come at the right time as illicit trafficking in cultural property was on the rise globally. The workshop was important because it was about protecting our identity and heritage. "We should be able to strengthen security, have close ties with communities, and collaborate in documenting retrieved products." He said. He called for the ratification of the relevant conventions by all States which had not done so as well as the strengthening of the SADC Heritage Association. He also said training was just a step towards ultimate safeguarding of our origins. He thanked UNESCO for the support rendered to Botswana in the ratification process.
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The SADCHA plaque unveiled by the Honorable Minister during the launch
a. Purpose and Objectives indicating the original goals or expected outcomes
OBJECTIVES OF THE LAUNCH
The objectives of the launch were explained and listed as follows;
1. To officially launch and introduce SADCHA to all the attending and non attending SADC member states.
2. How and why SADCHA was resuscitated from SADCAMM. 3. To review the constraints and limitations faced by SADCHA and their solutions. 4. Each country’s expected role in the newly established organization (SADCHA). 5. The election of a new SADCHA executive committee.
PRESENTATION ON INTERNATIONAL COUNCIL OF MUSEUMS (ICOM) The presentation was made by the ICOM’s Mr. Terry Nyambe. He started by apologizing for lack of attendance by Prof Hanz’s the President of ICOM which he said was due to other ICOM commitments.
ICOM in brief
ICOM is an organisation which was created in 1946 by and for museum professionals. It serves as a unique network of more than 32,000 members and museum professionals who represent the global museum community. It a diplomatic forum made up of experts from 136 countries and territories to
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respond to the challenges museums face worldwide. ICOM has a consultative status with the United Nations Economic and Social Council.
It has 117 National Committees and 30 International Committees dedicated to various museum specialties and it acts as a leading force in ethical matters. ICOM is one of the founding members of the International Committee of the Blue Shield (ICBS) and a Public Interest Organisation. There are 3 official languages used by ICOM: English, French and Spanish.
Mr. Nyambe urged participants to visit websites for more information on ICOM.
ICOM and SADCHA
PRESENTATION ON THE UNITED NATIONS EDUCATIONAL, SCIENTIFIC AND CULTURAL ORGANIZATION (UNESCO) BY THE DIRECTOR AND REPRESENTATIVE, MULTICULTURAL OFFICE – HARARE, MR. DAMIR DIJAKOVIC
Mr. Dijakovic started by saying that he wished he could be presenting to the high level dignitaries who have since left after the official opening, stating that they will miss vital details of the presentations. He acknowledged the presence of the media.
BRIEF HISTORY ON THE ESTABLISHMENT OF SADCHA
Mr. Dijakovic stated that the meeting that started the creation of the SADC Heritage Association was held in Gaborone in September 2010. This meeting was held as an effort to revive SADCAMM (Southern African Development Community Association of Museums and Monuments) which was founded in 1988. The SADCAMM’s secretariat alternated from one country to the other, however the association was short lived and it faltered in 2004 mainly because of lack of funding. It was then decided at a Director’s workshop held in Gaborone Botswana on the 22nd and 23rd September 2010 not to re-launch SADCAMM but to create SADCHA.
Mr Dijakovic talked about the 7 aspirations in the millennium agenda, with number 5 in the agenda being about cultural diversity which SADCHA is mainly encouraging with the sharing of heritage throughout the SADC region. With the establishment of an initial database by SADCHA , the sharing and preservation of heritage and culture will not only be limited to the SADC region but to the rest of Africa and the world.
He concluded his presentation by acknowledging the role and support given by Botswana on the formation of SADCHA and the fight against the illicit trafficking of cultural property.
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DISCUSSIONS AND COMMENTS
· Concern on the statistics on the membership from Africa in ICOM. Mr Nyambe urged members to establish national committees in order to have a stronger voice at ICOM.
· It was agreed that a letter requesting for replacement SADCAMM and SADCHA should be drafted as soon as possible.
· Mr Nyambe to clarify more on the Red list: this is a list of cultural objects or goods that may be in danger in member organisation. ICOM working with Interpol and UNIDROIT on this.
· UNESCO has been very helpful in resuscitating SADCHA and were urged members not to make it a Botswana issue and that all member states should have participatory role in SADCHA.
· Secretariat to elaborate more on what was done during the last 3 years. · What is the role of SADCHA in Gaborone? A bridge or platform to allow for SADC members to
meet and share ideas. · How it is going to benefit the youth? The youth can use SADCHA to relevant initiate these
programs and initiatives, · Does a paying higher subscription give a member more benefit than the other? If not, can the
forum be able to address that. · A suggestion was made that SADC Secretariat should be lobbied to support SADCHA
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Participants during the discussions
BRIEF OVERVIEW OF SADCHA by Mr. Flexon Mizinga Mr. Mizinga gave a brief history on the journey of SADCAMM from its establishment to its collapse. The collapse was prompted by
1. The halt in sponsorship by the Swedish International Development Agency (SIDA) and NORAD which were the original funder.
2. The alternation of the secretariat from one country to the other. 3. There was a failure to produce audited reports and failure to pay membership fees by the
members.
The Revival of SADCAMM was decided upon in 2009 during a workshop on cross boarder partnerships in Namibia. Later endorsed by SADC museum directors meeting in 2010 in Botswana. This was supported by UNESCO, as it was concerned about the demise of SADCAMM and a four-person task team was formed. The task team presented a draft 3 year strategic plan and the SADCHA constitution.
In order for SADCHA to move forward, the task team was seeking approval to officially launch SADCHA and to agree on how SADCHA will operate in general. The 3year strategic plan and the SADCHA constitution have to be adopted by members of SADCHA in order for the organization to function. Mr. Mizinga further explained that SADCHA also needs partners to provide funding and other support.
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Mr. Mizinga; one of the task team members (Zambian)
DISCUSSION ON THE SADCHA STRATEGIC PLAN (by Dr. Jeremy Silvester)
Making cross border connections – an overview of the strategic plan of SADCHA
Dr Silvester stated the SADCHA vision and mission statements are as follows;
Vision
A vibrant network of Southern African heritage organizations that celebrates and respects our heritage and its diversity.
Mission Statement
The SADC-Heritage Association will develop an effective regional network of heritage practitioners, facilitate capacity building, research, exhibition development and staff exchanges that strengthen cross-border co-operation and co-ordination within the heritage sector. He went on to explain the five SADCHA strategies as follows;
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1. Institutional development
§ This strategy is focused on the development of a strategic plan 2. Communication and networking
§ The communication and networking strategy was made develop an advocacy plan, to develop a website, to establish an email discussion group and to develop a database.
3. Training and staff development § The training and staff development focuses on a survey of heritage related
training in the SADC region, establishment of internship and staff exchanges within SADC, short term training courses and an annual regional training workshop on topical and related topics.
4. Cross border projects § Cross border projects focus on Heritage institutions to develop proposals for
heritage projects involving more than one country. 5. Illicit trafficking in natural and cultural materials.
§ Foundation for discussion of workshop on the combating of illicit trafficking of cultural heritage.
Dr Jeremy Silvester during his presentation
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THE SADCHA 3YEAR ACTIVITY PLAN BY DR RUDO SITHOLE Dr Sithole presented on the widened scope on heritage institutions i.e. museums, art galleries, archives institutions natural archaeological centers, craft centers cultural villages. She went on to list and elaborates the aims and objectives of SADCHA as follows;
1. To establish, maintain and strengthen relations between all concerned with the study, practice, preservation, protection, dissemination and promotion of national and shared heritage in the region.
2. To promote efforts and ideas relating to the protection, documentation, preservation and presentation of the region’s cultural and natural heritage.
3. To facilitate the meaningful use of heritage institutions in the region by raising public awareness about their role in national and community development.
4. To foster and improve standards by initiating and promoting training programmes for museum personnel.
6. To cooperate with other national and international institutions or organizations concerned with the sustainable use of heritage as a resource for education, tourism and community development.
7. To promote collaboration among heritage professionals and institutions in the region.
8. To help prevent the illicit trafficking of cultural property from the region, document artifacts that have been exported from the region, share information about collections and assist with the repatriation of unique cultural and natural artifact, back to countries of origin.
9. To encourage the ratification of relevant international conventions and agreements providing international guidelines for the preservation of heritage.
SADCHA MEMBERSHIP Two membership options were suggested as explained by Dr Sithole; OPTION ONE There shall be four categories of membership to the organisation: a) Individual membership Membership shall be open to employees of heritage institutions in the SADC states b) Institutional Membership
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Membership shall be open to all institutions defined above as heritage organisations, both public and private, in the SADC states. c) Associate Membership Membership shall be open to any interested individual or institution from within and outside the SADC region. d) Honorary Membership The General Conference shall confer membership upon individuals within and outside the SADC region in recognition of their contribution towards the promotion of national heritage. OPTION TWO a) National Institutional Membership. Membership will be open to all member states of SADC. Payment of a fixed annual fee will mean that all recognised heritage institutions in that member country will be institutional members. b) Individual membership. Membership shall be open to employees of heritage institutions in the SADC states e) Associate Membership Membership shall be open to any interested individual or institution from within and outside the SADC region. f) Honorary Membership The General Conference shall confer membership upon individuals within and outside the SADC region in recognition of their contribution towards the promotion of national heritage.
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Dr Sithole during her presentation
SADCHA ORGANISATIONAL STRUCTURE For effective administration of the association there shall be the following organs: The Regional SADC – HA Co-ordinating Committee The Executive Committee The Secretariat The General Assembly
Discussions
It was proposed that two members with legal backgrounds should examine the Constitution and bring clarity on membership on the following day.
THE NEW EXECUTIVE COMMITTEE ELECTIONS Elections for the new executive committee members were held during the second day of the launch; Mr Collins Chipote from Zambia and the SADCHA secretariat were in charge of the proceedings. The new
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committee constitutes: the Chairperson, Vice Chairperson, Treasurer, and four (4) members of the committee. Each delegate from every country was given a chance to vote for the nominated members. The results were as follows;
1. SADCHA Chairperson seat was won by Mr Aaron Nambadi from The Museums Associations of Namibia
2. SADCHA Vice Chairperson seat was won by Mr Flexon Mizinga from The National Museums Board (Zambia)
3. The SADCHA treasurer seat went to Miss Katie Smuts from SAHRA(South Africa) 4. Other members making up the committee are;
i. Mrs Beryl Ondiek from National Museums, Seychelles ii. Dr Jeremy Silvester from The Museums Associations of Namibia iii. Mr Yohane Nyirenda from The Museums of Malawi iv. Mr Power Kawina from Kgosi Sechele Museum (Botswana)
b. Benefits, major results obtained and impact of the project
Resolutions and Way forward
The new executive committee was tasked with the following after the elections;
· The executive committee to be tasked with establishing a fully functional Secretariat. · Lobby for the cultural desk at SADC. · Spearhead the fine tuning of the constitution. · A letter to be written to each member state for adoption of SADCHA and support. · Set up committees. · Invite culture ministers for round table discussions. · Regular reports to be done. · Encourage member state on the Ratifications of the conventions. · Organize the next general conference (as an annual event). · Open an account. · Mobilize for funding. · Review the strategic plan and circulate to the community.
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Mr Chipote (Zambia), Miss Yvonne Tshosa (Secretariat) and Mrs Mokonane (SA Reference Committee) during the election
Were the expected results fulfilled?
All the expected results for the launch were fulfilled; all the presenters made it to the launch and the end results which were to launch SADCHA were obtained. The executive committee elections for closed the launch expected end results.
Were there modifications made to the initial objectives(s) and the factors that made such modifications necessary?
The launch program was carried out the way it was discussed with all the sponsors and the national reference committee. This means that no modifications were made to the initial objectives of the launch.
C. What difficulties were encountered and what were solutions found?
The major and only difficulty encountered was that some of the invited delegates from DRC, Mauritius and Madagascar were not able to make it to the launch because of visa issues. Because it was already
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late and nothing could be done for them, the agreement was to send them reports and presentations from the launch to keep them on the loop.
d. As a result of the project, what was UNESCO’s visibility in the member state?
There were publications of the launch in the local newspaper The Daily news, and interviews were carried out in Radio Botswana about SADCHA and its launch’s importance to Batswana and Africans as a whole.
Was the public at large invited to participate or be present?
The public at large was not invited to the launch because of the limited space of the conference facility hired. A few exhibitors were invited to showcase the culture and heritage of Batswana, and the media was invited to get the message of the launch to the public who could not make it to the launch.
Were local non-governmental organizations implicated?
The United States and the German Embassies in Botswana were invited to the event as they were part of the launch’s sponsors.
e. Was the UNESCO field office consulted? Did it assist in the implementation of the project?
The UNESCO field office was consulted and made a tremendous contribution to the implementation of the project. Some of the field officers were part of the National Reference Committee chosen to prepare for the launch.
Were there or will there be follow up? Are there long term plans as a result of the project?
There will be follow ups on SADC-Heritage Association to help develop an effective regional network of heritage practitioners, facilitate capacity building, research, exhibition development and staff exchanges that strengthen cross-border co-operation and co-ordination within the heritage sector in SADC.
Was the project also funded through other sources?
The United States Embassy in Botswana sponsored the launch and workshop with 2000 USD which was used for publicity materials (t-shirts with the SADCHA logo and African print dresses to showcase our heritage). The German Embassy also sponsored the launch and workshop with P27 000 which was used to pay for the entertainment during the fair well dinner held for delegates, and the remainder of the money is being used in the development of the SADCHA website.
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Workshop on Combating the illicit trafficking of Cultural Heritage
a. Purpose and Objectives indicating the original goals or expected outcomes
OBJECTIVES OF THE WORKSHOP:
Mr. Damir Dijakovic of UNESCO Harare, briefed the participants about the objectives of the workshop. He outlined the importance of artifacts as carriers of history and identity. He noted that illicit trafficking in such properties affects communities from where they come. He outlined several international conventions from the 1954 Hague Convention up to current international legal instruments which have not only recognized the importance of cultural property but have also sought to protect such property and regulate its movement. The 1970 Convention was the first instrument to protect cultural property. In the last 40 years much progress has been achieved with about 127 states now having ratified the convention. In the SADC some states such as Malawi, Mozambique, Botswana and Namibia have ratified the convention or just about to finish the process. UNESCO is committed to the fight against the illicit trafficking and works in collaboration with Interpol in this area.
Mr. Dijakovic however stressed that the conventions were only the first line of defense. It is what States did after ratification which matters. He said Botswana was about to ratify the 1970, 1995 UNIDROIT and 1954 Conventions, a most welcome act. He also noted that AFRICOM has also integrated the fight against illicit trafficking into its constitution. Africa was therefore expected to reinforce the campaign to preserve heritage in recuperating its stolen property.
He said while regulations exist on paper the challenge was to publicize and implement them vigorously. Mr. Dijakovic also indicated that practical solutions were needed in combating the scourge. He noted some best practices such as NALEH in South Africa which countries could emulate in the fight against illicit trade in cultural property. According to him UNESCO was ready to participate by raising awareness but stressed that we all have to play our part. "It boils down to what to do when something has happened. We have to know what to do. There are a host of institutions that are available for support." concluded Mr. Dijakovic.
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Mr. Dijakovic During his presentation
STATE OF RATIFICATION
Mr. Damir Dijakovic emphasized that 127 states have already ratified the 1970 convention; still missing is Botswana, Malawi, Mozambique, Namibia. With the ratification of the convention, countries are obliged to introduce the convention in their legislation. The strength of this 1970 convention is the numbers; if we sign the convention negotiations become strong.
A REFLECTION ON THE WINDHOEK NAMIBIA WORKSHOP (14-15TH SEPTEMBER 2011)
The objectives of the workshop for countries were;
1. Raise awareness on the 1970 UNESCO and 1995 UNIDROIT conventions in the Southern African region.
2. Follow up to ensure relevant instruments were formally deposited with the depository. 3. Continuation of active participation in the combating of illicit trafficking of cultural heritage. 4. Specific law enforcement personnel to be trained t deal with illicit trafficking. 5. Documents collected and distributed in the country, for local communities to be involved. 6. The revival of a cultural desk in SADC (SADCHA). The two UNESCO cluster offices in Windhoek
and Harare supported this initiative.
REFLECTION ON GABORONE BOTSWANA 5-7 NOVEMBER 2012 WORKSHOP
Recommendations were almost similar to those in Windhoek, Namibia; the only difference was that now SADCHA needed to be formalizing entity. Specific points under the list of recommendations were to be pushed. This was to be developed at national level, drawing from experts even with limited funds.
The objectives were;
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1. The need to expedite the ratification of relevant international conventions, 1970 UNESCO, 1995 UNDROIT and 1954 Hague conventions.
2. Adoption of comprehensive documentation for national heritage assets. 3. Strengthening of stakeholder networks. It is a matter of finding ways to do it, INTERPOL is
always ready to come and train representatives. UNESCO can also help in preparing documents to train law enforcement personnel.
4. Involvement of legal professionals in the ratification process. 5. Closer regional cooperation and collaboration through SADCHA 6. Create public awareness. 7. Development of cultural databases.
ABOUT THE 1970 CONVENTION
On his presentation, Mr Dijakovic explained that the 1970 convention is an overall review of how UNESCO works; it’s a UNESCO mandate through time. South Africa has recently ratified this convention.
The convention has 3 major parts; 1. Preventive Measures- laws for protection of cultural property;
a. Educational campaigns will be used in almost all the museums. b. Expert certificates; they have been embodied in laws. c. Sanctions d. Rules for curators and dealers e. National inventories f. National services g. Museum promotions.
One of the key structures under the 1970 convention is the intergovernmental committee. The intergovernmental committee (ICPRCP) is made up of 22 members who act as mediators between states regarding the returning of illicit trafficked cultural heritage. E.g. there is a pending case of the returning of the Parthenon Sculptures (Greece and the UK) before the ICPRC.The committee initiated the creation of practical and operational tools. These are;
a. Code of ethics. b. Database of natural cultural heritage laws c. Model export certificates d. Awareness-raising campaigns to target local communities or law enforcement e.g. INTERPOL,
local Police. e. Mediation and conciliation rules f. Model provisions of state ownership.
The UNESCO code of ethics for dealers can be obtained online from the UNESCO website.
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The code of ethics includes basic actions taken against traffickers of cultural objects through the internet e.g. Zambia stone sculptures were and/or are on sale in the internet.
2. EMERGENCY ACTIONS- UNESCO Holistic Strategy.
The emergency actions (UNESCO Holistic Strategy) are in cooperation with the current government. The Syrian armed conflict is a good example explained Mr. Dijakovic. This started when a number of cultural objects started appearing in the market. UNESCO undertakes assessments missions (assessment and monitoring of information) relating to cultural heritage. It could be illegal excavation of archaeological sites; when new archaeological artifacts are appearing in the market of late.
The short term strategy for this has 4 aspects;
a. Communication b. Sensitization c. Information d. Fundraising
3. PREVANTIVE MEASURES
This is a new strategy implemented in Syria. The simple physical volunteer presence can be a deterrent. Volunteers can be from the local communities, as a mobility strategy for a common objective of protection of their unique cultural property. As part of the training mission and awareness rising- from other countries, all through the support of UNESCO.
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Mr Terry Nyambe of ICOM commenting during the workshop
UNIDROIT 1995 CONVENTION ON STOLEN OR ILLEGALLY EXPORTED CULTURAL OBJECTS Ms Marina Schneider, Senior Officer at the International Institute for the Unification of Private Law-UNIDROIT-, addressed the workshop on the elements of the 1995 UNIDROIT Convention on Stolen or Illegally Exported Objects. She started by explaining progress being made in the ratification of the convention. She said Namibia and Botswana were in the process of ratifying the convention. She also noted that there was demand for cultural objects and therefore there was increased trafficking of such objects. Ms. Schneider also noted that many stolen items have been returned to the owner countries but still many more remained at large.
In her presentation Ms Schneider highlighted the differences between international claims for the restitution and return of cultural objects outside the framework of international conventions and within the UNIDROIT Convention. She said outside the convention, the differences in legislation between two states of owner possessor and claimant made it difficult for restitution to occur where the possessor was protected as an acquirer in “good faith”. There was also no extraterritorial recognition of laws prohibiting export by the resident country of the acquirer.
She then spoke about the protection under the 1970 UNESCO Convention as compared to the UNIDROIT convention which she indicated that there were still gaps in the 1970 convention preventive measures such as inventories, export certificates, monitoring of trade and imposition of penal or administrative sanctions as well as education campaigns needed to be covered. Ms Schneider explained that the convention also intensified restitution provisions and provided for a substantial level of International cooperation.
As a result of the above shortcomings, a need for a new convention was recognized because of certain gaps left by nonconventional law. Existing conventions were not satisfactory as far as certain aspects of private law were concerned such as good faith, time limitation and court of jurisdiction. Hence the UNIDROIT Convention was designed to fill such gaps. In addition, the UNIDROIT convention formed a good basis for cooperation between States and international organizations and adopted a constructive approach to the issue of illicit trade in cultural property.
The UNIDROIT Convention also contained new elements that complement the 1970 UNESCO Convention. These included the definition, which addressed objects that may not be covered by the 1970 Convention, establishment of minimum legal rules, obligation of exercise of due diligence by the possessor, return of illegally exported cultural objects, time limitations, special protection of archeological objects and objects used traditionally or ritually by a tribal or indigenous community and did not have any reservations.
Ms Schneider also noted that the UNIDROIT Convention formed a base upon which strong national legislations case law could be based. This includes countries which were not party to the convention. She noted also that there was no retroactive application of the convention although it did not limit the right of claim outside the framework of the convention for the restitution or return through other
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avenues. So far 33 countries have acceded to the convention with Nigeria and Gabon being the only African members. The convention also provided for better applications of its mandate and implementation of its objectives. The first follow up meeting of the convention was held on June 2012 to review the practical operation of the convention. Ms Schneider concluded by stating that the main objective of the convention was not to increase the number of restitutions/returns but to change the behavior of buyers.
Ms. Schneider during her presentation
Questions and Comments During questions and comments, it was noted that some developed countries such as the United States and the United Kingdom had not signed the convention which was a discouragement to the less developed countries. It was noted that although the UK had not signed, the advice had been that it should sign the UNIDROIT Convention and not the UNESCO Convention. It was also noted that although the United States had not signed the UNIDROIT Convention it had a very good record of implementation of the principles of 1970 UNESCO Convention.
INTERPOL DATABASE ON STOLEN CULTURAL PROPERTY Mr. Fabrizio Panone from Interpol briefed the workshop on the database of stolen cultural property kept by the International Police Organization (INTERPOL). He touched on the structure and mandate of INTERPOL as well as its overall activities. He explained that the organization had four regional branches in Africa. The purpose of INTERPOL, he said, was to enhance efficiencies of police world-wide. Mr. Panone said the main actors were the member states. One of INTERPOL’s priorities was to enhance and expand the I-24/7, a secure global police communication system that connects the 188
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National Bureaus allowing instant sharing of vital data globally. Mr. Panone said it was up to the national actors to decide how best to use INTERPOL tools.
He said the organization also supported law enforcement and policing around the world through operational assistance and round the clock crises response. It built capacity of members through training and working with other stakeholders to enhance law enforcement standards. It also helped in the identification of criminals and crimes around the world through the maintenance of high quality data and database services and analytical capability and other tools and helped members identify and arrest international criminals
Mr. Panone briefed the workshop on Interpol's unit of works of art unit. He said the unit had developed tools and activities to fight against the illicit traffic in cultural property since 1940. He said four officers have been assigned to the unit. Information on the stolen cultural property was supplied by the NCBs and other partners involved in countering the illicit trade. The information was then transmitted to member countries and official partners through the I-24/7 network. The unit also organized international conferences and workshops on cultural property related crime as well as courses on countering the traffic in cultural property. Some of the challenges met by the unit included lack of official information from concerned parties. He said it was therefore not easy to get accurate national statistics on stolen cultural property. Every year Interpol requested statistics on stolen objects. But in 2009 there were only 63 (restitution cases). In 2010 there were only 53 returns while in 2011 there was none. Mr. Panone said that this did not reflect the degree of exposure of countries. Thus it was impossible to assess the real scope of theft.
He said the tools employed in the fight against illicit trafficking included posters of most wanted works of art. Specific posters were issued for important pictures. Specialized works of art were included in a computerized data base created in 1995.Most space objects reported are from European countries. By 31 October 2012, 40,353 objects were reported of which only 216 were from African countries. Records from Southern Africa showed that Botswana reported only one object. Mr. Panone spoke of some success stories which included the recovery in Brasov, Romania in November 2008, of art stolen from a private residence in September 2008. He said it was important to have information in national data bases and INTERPOL as well as well as private data bases. It was also important for close cooperation between police and NGOs as well as international organizations. He called for the ratification of conventions by States in order to enhance the protection of cultural property.
Questions and Comments Concern was raised as to why there were more numbers of missing objects reported in Europe than in Africa. It was observed that the reason could be that there needed to be more public awareness in Africa in order to involve more people in the field. It was noted that one of the problems was lack of information about the National Police Bureaus because Africans did not consider illicit trade in cultural property as a priority crime. It was however stated that works of art could be conduits for money laundering and thus could form a significant link to organized crime in other areas.
It was also noted that lack of proper ways of documentation for art objects was to blame for the low numbers of reports. It was noted that forums such as this one conducted by UNESCO could help alert the public and relevant authorities to the fact that this was a serious crime. The link with local Interpol
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police was also stressed and that it should be taken seriously and fully utilized. Mr. Panone reiterated the importance of creating a national data base and stressed that it was not very complicated. The important thing, he said, was to communicate all the time.
Documentation was again emphasized as a tool to monitor the cultural assets. The workshop stressed the need to capacitate institutions to know what they were managing because it was likely that institutions did not know that half their collections were missing until they knew what they were holding. It was observed that institutions were not responding to Interpol’s request for lists of stolen cultural products because they lacked proper documentation. There was therefore a call to address the issue of capacity building in documentation of objects. There was also a comment about domestication of the conventions. Some countries like Zambia noted that they had ratified the 1970 UNESCO Convention but had not domesticated it. However it was noted that the UNIDROIT Convention was a self executing instrument. This meant that it would become national law as soon as it is signed.
The workshop was also informed of a UNESCO scholarships that were meant to help lawyers in the implementation of UNESCO conventions.
Mr Fabrizio of INTERPOL during his presentation
Combat against illicit Trafficking; Current Situation In SADC The participants then heard a report back on the outcome of the workshop on Prevention and Fight against Illicit Trafficking in Cultural Goods held in Windhoek, Namibia from 14 to 15th September 2011. Mr. Gerhardt Gurirab from Namibia presented a summary of the proceedings and outcomes of the workshop. He noted that Southern African countries presented their status with regard to the
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ratification of the 1970 UNESCO and 1995 UNIDROIT Conventions and their activities regarding the fight against illicit trafficking in cultural properties. Other partners such as INTERPOL, UNIDROIT and AFRICOM as well as regional offices of UNESCO outlined their roles in the fight against illicit trafficking in cultural properties.
The Windhoek workshop came up with recommendations as follows:
1. Raise awareness on the 1970 UNESCO and 1995 UNIDROIT Conventions in southern African region
2. Follow-up to be undertaken to ensure that relevant instruments were formally deposited with the Depository.
3. Countries to continue active participation in the process to combat and prevent illicit traffic of cultural goods. All countries agreed on the need for improvement of the national legal provisions helping with combat against illicit traffic of cultural goods.
4. Promotion of Object ID principle and ongoing capacity building programmes on documentation and inventorying of collections.
5. Training and promotion of cooperation on combating and prevention among law enforcement agencies and heritage officers.
6. Review of security measures in terms of physical and or electronic surveillance equipment.
7. Local communities to be involved in the process and awareness to be raised among them in order to add to the preventive measures against the looting of cultural objects.
8. Regional collaboration should be established and enhanced. Revival of SADC Desk on Culture a necessity.
9. UNESCO Harare and Windhoek Offices committed themselves to organise, to the extent possible, annual meetings for the coordination and progress on the prevention of illicit trafficking.
It was concluded that the workshop had successfully provided a platform for information sharing regarding the situation of illicit trafficking in participating countries as well as the way forward. It was also agreed that there was need for documentation and inventorying of cultural objects in addition to ratification of the UNESCO 1970 Convention and UNIDROIT 1995 Convention. Additionally, participants emphasized the need for regional collaboration between heritage institutions, police and customs officers for successful prevention of illicit trafficking.
Case Study: Mozambique The participants heard a brief presentation from Mozambique by Mr. Massaiet Boaventura Salvador. He noted that the country had not yet ratified the 1970 UNESCO Convention. He said there was a problem with trafficking because of the long border. There was also organized piracy in under water heritage. There was however lack of national consensus on whether the government should ratify the conventions. He also said that in 2010 there was a recommendation for the ratification of the 1970 convention but that had not happened yet.
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PRESENTATION BY SAHRA (SOUTH AFRICA) Miss Katie Smuts presented on SAHRA’s efforts to combat illicit trafficking of cultural heritage in the SADC region. She started by explaining what SAHRA is and what it does.
SAHRA replaced NMC in 2000, following the promulgation of the National Heritage Resources Act (Act 25 of 1999) WHAT DOES SAHRIS DO? Miss Smuts explained that SAHRIS operates in four (4) major categories; An Integrated Heritage Management System - Applications for development projects triggering mining, environmental and heritage legislation are submitted, mapped and processed online. A National Heritage Sites Repository – Provides cloud storage for all heritage sites, either historically recorded in heritage registers and research collections or newly identified in impact assessment surveys. A National Collections Management System – Free digital collection management capturing object descriptions, histories and photographs. Offers integrated permitting processes to govern the import and export of heritage objects, inter-museum movement, conservation treatments etc. A National Heritage Crimes Database – Centralised database of stolen heritage objects, repository of crime statistics and network of stakeholders from heritage institutions, law enforcement and customs officials SAHRIS AS A COLLECTION MANAGENT TOOL The SAHRIS system provides;
· Cataloguing of objects in a one to many relational database; · Detailed descriptions of objects, with images; · Hierarchical taxonomies, Chenhall etc; · Capture of parent and children objects; · Bulk upload of existing records; · Object location and movement recording; · Condition reports; · Ascription of Grap103 valuations; · Variable privacy of access to certain information; · Provisioning allows for tracking staff productivity and engagement and easy moderation of
volunteer input. HERITAGE CRIME IN SOUTH AFRICA Miss Smuts further explained that Heritage crime in RSA is on steady increase due to rising prices of artworks as well as centenaries of significant wars (Benson 20131). This is mainly due to security systems ill-equipped to prevent crimes. Museums usually respond by removing valuable items from display (Pretoria and Albany). Though these crimes prevail, annual crime statistics released by the
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South African Police Services (SAPS) contain no reference to heritage crime of any sort (Benson 2013). Heritage crimes fall under purview of the Endangered Species Unit (ESU) of SAPS. Benson (2013: 221) highlights the following needs: •“Establish a South African database of stolen heritage objects for due diligence checks in terms of the SHGA which will be complementary to the INTERPOL Stolen Works of Art Database; •Develop a central repository which will collate and analyse crime information to enable the early identification of crime trends and the necessary dissemination of information to the role players involved; •Establish a security network for the investigators consisting of insurance underwriters, security managers at museums and galleries and security specialists in the field to collaborate with”. SAHRA’s National Audit Project and heritage crime SAHRA’s National Inventory Unit is mandated with assisting museums around the country to digitise their collections and upload their records to SAHRIS. NIU can assist with funds and staff. Digitising vulnerable collections will provide information about items that are stolen that will assist in their identification and recovery. Agreement signed with underwriters, Art insure, to facilitate data sharing around stolen objects.
Miss Katie Smuts of SAHRA during her presentation
Identification of objects by participants: A practical exercise was conducted in which participants were divided into groups and given artifacts to describe. They were then asked to report back after 15 minutes. However it was clear that no two
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groups were able to describe the same object identically. This was meant to emphasize the importance of standard, internationally recognized documentation processes that aid the recovery of stolen cultural property.
Participants identifying objects
EXCURSION TO THE KGOSI SECHELE MUSEUM IN MOLEPOLOLE
The participants were then taken on a tour of the Kgosi Sechele Museum in order for them to appreciate and observe the local culture. During the excursion, they went on to meet the chief of Molepolole Village where the museum is located. Many sites were visited and it was quite an experience for the delegates.
b. Benefits, major results obtained and impact of the project
CONCLUSION: Concluding remarks were made by Mr. Eduouard Planche from UNESCO whose presentation was recorded by Mr. Damir Dijakovic because he could not attend the launch and workshop due to other commitments. He thanked the participants for enriching the network of friends and the quality of
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exchanges. He said discussions were in depth and the UNESCO Director General had indicated that Africa was a priority in her office and that illicit trafficking was a problem for the organization generally. He said participants had clearly learnt from each other especially in the fight against illicit trafficking of cultural property. He said UNESCO would support SADCHA and hoped to make Southern Africa an example of what other regions ought to do. Piloting this project in the region would entail working with people generally considered outsiders in cultural property such as the police, lawyers etc. He said Interpol and UNESCO representatives in the conference were always ready to share their experiences and other information.
RECOMMENDATIONS: The following points were stressed as crucial to make sure that SADCHA does not die as SADCAMM did.
1. A new SADCHA executive committee was elected. 2. A plea was made via a letter to the Director of the Botswana National Museum Mr Phorano to
appoint an employee to oversee the office. 3. A letter was written to the SADC headquarters to request their recognition of SADCHA. 4. Closer regional cooperation and collaboration through SADCHA by SADC countries. 5. Letter written to ICOM for affiliation.
The following points were stressed as crucial in order to stay ahead of the fight against illicit trafficking in cultural property.
1. The need to expedite the ratification of relevant international conventions, the 1970 UNESCO, 1995 UNIDROIT and the 1954 Hague Conventions
2. Adoption of comprehensive documentation methods for national heritage assets 3. Strengthening of stakeholder networks 4. Involvement of legal professionals in rationalising laws towards ratification 5. Development of national cultural databases 6. Strengthening of security measures at museums and cultural heritage sites 7. Concerted efforts to create public awareness. 8. Adoption of model Object IDs 9. Engagement of cultural experts in monitoring sales of cultural objects online
Closing: The workshop was officially closed by the newly elected Chairperson (Mr Aaron Nambadi). Attendants were advised to implement the lessons learnt in the workshop and launch.
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Were the expected results fulfilled?
All the expected results for the launch were fulfilled; all the presenters made it to the workshop and the end results which were to educate the delegates on ways to combat illicit trafficking of cultural heritage and the measure put in place to do this were fulfilled.
Were there modifications made to the initial objectives(s) and the factors that made such modifications necessary?
The workshop program was carried out the way it was discussed with all the sponsors and the national reference committee. This means that no modifications were made to the initial objectives of the launch.
C. What difficulties were encountered and what were solutions found?
The major and only difficulty encountered was that some of the invited delegates from DRC, Mauritius and Madagascar were not able to make it to the workshop because of visa issues. Because it was already late and nothing could be done for them, the agreement was to send them reports, presentations and any literature from the launch to keep them updated.
d. As a result of the project, what was UNESCO’s visibility in the member state?
There were publications of the launch in the local newspaper The Daily news, and interviews were carried out in Radio Botswana about the workshop and its importance to Batswana and Africans as a whole.
Was the public at large invited to participate or be present?
The public at large was not invited to the workshop because of the limited space of the conference facility hired. A few exhibitors were invited to showcase the culture and heritage of Batswana, and the media was invited to get the message of the launch to the public who could not make it to the workshop.
Were local non-governmental organizations implicated?
The United States and the German Embassies in Botswana were invited to the event as they were part of the workshop sponsors.
e. Was the UNESCO field office consulted? Did it assist in the implementation of the project?
The UNESCO field office was consulted and made a tremendous contribution to the implementation of the project. Some of the field officers were part of the National Reference Committee chosen to prepare for the workshop and launch of SADCHA.
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Were there or will there be follow up? Are there long term plans as a result of the project?
There will be follow ups on SADC-Heritage Association to help develop an effective regional network of heritage practitioners, facilitate capacity building, research, exhibition development and staff exchanges that strengthen cross-border co-operation and co-ordination within the heritage sector in SADC.
Was the project also funded through other sources?
The United States Embassy in Botswana sponsored the launch and workshop with 2000 USD which was used for publicity materials (t-shirts with the SADCHA logo and African print dresses to showcase our heritage). The German Embassy also sponsored the launch and workshop with P27 000 which was used to pay for the entertainment during the fair well dinner held for delegates, and the remainder of the money is being used in the development of the SADCHA website.
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Annexure 1 List of attendants
Name Surname Country Organization
Telephone Email
Antonio Macanja Mozambique
The National Directorate of Cultural Heritage
+2586016916 [email protected]
Jenifa William Seychelles National History Museum
+2482556604 [email protected]
Jeremy Silvester Namibia Museum Association of Namibia
+2640812805130
Beryl Ondiek Seychelles National Museums, Seychelles
+24882724956
Donald Nkonyane Swazialnd Swazialnd national Museum
76660534 [email protected]
Annie Isaiah Botswana Botswana national museum
+2673973860 [email protected]
Kelebogile Molatole Botswana SADCHA +2673610431 [email protected]
Yvonne Tshosa Botswana SADCHA +2673610431 [email protected] Panone Fabrizio France INTERPOL +4336137171
Ziva Domingos Angola National Directorate of museums
+244929107974
Power Kawina Botswana Kgosi sechele Museum
+26771677493
Audax Mabulla Tanzania Natioanl Museums of Tanzania
+255784382300
Darlington Munyikwa Zimbabwe Zim National Museums & Monuments
+263712870693
Ogopoleng Saitsoketsa Botswana NCB- +2677121452 [email protected]
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INTERPOL 4 Keoratile Dithapelo Botswana Bathoen
Museum +26772626074
Katie Smuts RSA SAHRA +27727967754
Matsosane Molibeli Lesotho Ministry of Env, Tourism & Culture
+26663045370
Maneo Ntene Lesotho Ministry of Env, Tourism & Culture
+2667181338 [email protected]
Tebo Sekgwa Botswana Ministry of Foreign Affairs
+2673600846 [email protected]
Yankho Chapeta Malawi Museums of Malawi
+265888827193
Bega Xhase Botswana Kuru Museum
6597702 [email protected]
Terry Nyambe Zambia Livingstone Museum
+260977545988
Aaron Nambadi Namibia Museum Association of Namibia
+264812158724
Flexon Mizinga Zambia National Museums Board
+260977769330
Nonyameko
Mlungwana RSA SAHRA +270848719074
Yohane Nyirenda Malawi Museums of Malawi
+265888842755
Marina Schneider Italy UNIDROIT +39066962142
Lebogang Zuze Botswana INTERPOL +26771259380
Letsweletse
Tlhasana Botswana Bots Police Service
+2673995007 [email protected]
Goaletsa Gaborone Botswana Botswana National Museum
+26771487936
Bontle Modisane Botswana Friends of the Museum
+26772691708
Matlhogonolo
Tswiio Botswana Botswana National Museum
+2673610468 [email protected]
Colledge Thekiso Sabo
Botswana Friends of the Museum
+26776049296
Bonolo Godzamaph Botswana Departmen +2673647516 [email protected]
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ela t of Curriculum
Sewelo Fane Botswana National Museum
+2673610422 [email protected]
Scobie Lekhutlile Botswana Khama iii Memorial Museum
+2674630519 [email protected]
Maitseo Bolaane Botswana University of Botswana
+2673552670 [email protected]
Daniel Mogami Botswana Department of Curriculum
+2673647500 [email protected]
Meshack Mabure Botswana Botswana National Archives & Records Services
+2673911820 [email protected]
Monagen Lone Botswana National Museum & Monuments
+2673610422 [email protected]
Vincent Rapoo Botswana Phuthadikobo Museum
+26771468348
Bareetsi Purene Botswana Botswana National Commission for UNESCO
+2673674518 [email protected]
Nhlekisana Rosaleen Botswana University of Botswana
+26772105930
Onkgopotse
Moseki Botswana National Museum & Monuments
+2673610429 [email protected]
Lerato Mokomane Botswana Department of Tourism
+2673610620 [email protected]
Itumeleng Botlhoko Botswana Friends of the Museum
+26774783285
Damir Dijakovic Zimbabwe UNESCO +26397776775
Rudo Sithole Kenya AFRICOM +263774437195
Virginia Masole Botswana Insight Media Group
+26771399356
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