Example Resolution Paper

UNESCO

Topic Area B: Trafficking of Cultural Objects

Formulation upon Objects of Cultural Significance (FOCUS)

Sponsors: Afghanistan, Azerbaijan, Brazil, Brunei, Central African Republic, Chad, Chile, China, Croatia, Côte D'Ivoire, Egypt, Eswatini, Georgia, Germany, Haiti, India, Iraq, Italy, Japan, Kazakhstan, Mexico, Montenegro, Republic of Korea, Russian Federation, Saudi Arabia, Turkmenistan, Zambia,

Signatories: Bolivia, Cuba, El Salvador, Equatorial Guinea, Greece, Indonesia, Latvia, Liberia, Lithuania, Madagascar, Morocco, Norway, Peru, Togo, Türkiye, United States of America

Preambulatory Clauses:

Recognizing the necessity of repatriation of cultural artifacts,

Alarmed by the amount of cultural objects being trafficked,

Cognizant of the responsibility neighboring countries of victim nations have in relic protection,

Approving a system to determine ownership of objects,

Acknowledging the importance of protecting cultural heritage and archaeological sites,

Noting the importance of protecting cultural heritage and significance of artifacts,

Favorable to educating the general public on cultural objects,

Adamant about the retrieval of unlawfully trafficked goods,

1. Establishing new international organizations headed under UNESCO;

a. Establishes the FOCUS Organization;

i. Prioritizing collaboration between countries and facilitate peaceful cooperation;

ii. Organizing subcommittee effort;

iii. Acting as neutral intermediaries between member nations;

iv. Communicating with museums directly;

v. Inviting independent organizations where their jurisdiction pertains such as the International Council Of Museums (ICOM) and INTERPOL;

vi. Furthering the reach of current programs such as the Red Lists and the Lost Art Database;

vii. Creating branches within the overarching organization to address more specific issues;

b. Establishes the Artifact Rescue Corps for Heritage (ARCH) for the protection and rescue of cultural objects from illegal trafficking, along with their continued maintenance;

i. Overseen by members of UNESCO, INTERPOL, and the United Nations Office on Drugs and Crime (UNODC);

ii. Controlled regionally through distinct UN-controlled boards to better represent cultural interests;

iii. Members receive compensation and recognition for significant contributions of recovering and returning artifacts;

iv. Volunteers may sign up to receive necessary education online, enabling a wider-reaching volunteer corps;

1. Educated in the local university program established under Clause 5

2. Nations that don’t have internet access, or who struggle to get citizens to sign up online, may advertise in person at local government offices, cultural centers, etc.;

c. Forms a judicial committee to draft guidelines on how nations should prosecute criminals who steal or harm cultural property;

i. Meet every 2 years;

ii. Formed of nations judged to be secure that would be best suited to give advice on such safety matters;

iii. Security will be determined under the most recent Global Peace Index, and take into account the history of legal action;

1. Communicating with museums directly;

2. Inviting independent organizations where their jurisdiction pertains, such as the International Council Of Museums (ICOM) and INTERPOL;

3. Furthering the reach of current programs such as the Red Lists and the Lost Art Database;

2. Creates sources for funding and resources to aid countries in these efforts;

a. Implementing resources that work on providing training and strengthening law enforcement officials to intercept trafficked objects;

i. Using UNESCO initiatives to empower law enforcement agencies and cultural heritage professionals to protect national borders from the illegal transfer of objects;

1. Enlisting 3 professionals from the UN Security Council for each member country at its borders and creating task forces that coordinate between countries to eliminate cross-border operations;

2. Using cultural heritage professionals from officials at the cultural sites with increased knowledge of the history and the preservation of the objects;

3. Requiring law enforcement officers to undergo equality and diversity training to ensure that they treat all people (migrants and minorities particularly) with respect and fair treatment;

ii. Creating patterns to provide legal enforcement for cultural sites that are most at risk to prevent the theft of cultural artifacts;

1. Utilizing information on the value of cultural objects, location, as well as the history of theft of objects to generate AI-based patterns;

2. Using AI-based patterns to deploy law enforcement at high-risk locations;

3. Recommending for member countries to share information on the histories of thefts and the locations at increased risk within the nations;

iii. Tracing the movement or transfer of the marked cultural objects from the ancestral cultural sites;

1. Utilizing a transparent method for marking valuable cultural objects to track movement and eliminate the domestic or national export of artifacts;

iv. Collaborating with UNODC to gain support and criminal tracing resources;

1. Using tactics from both UNESCO and UNODC will be applied for the most productivity;

2. Partnering with UNODC to assist in tackling the concern of drug sale association with artifact trafficking;

3. Recommending UNESCO to reallocate funds for an educational campaign endeavor that will host training sessions for local individuals who are passionate about the region;

b. Reallocating funds from pre-existing UNESCO projects that have grown to be null and independent donors;

c. Creating a Global Fund for the Preservation of Cultural History (GFPCH);

i. Part of UNESCO's yearly 1.5 billion dollar budget will be contributed along with any voluntary contributions from individual countries;

d. Having internationally acclaimed museums and art institutes funded by their home cities or countries to appropriate a proportional percentage of revenue acquired by tourism to the UNESCO fund for the repatriation of cultural objects;

e. Requiring a UNESCO ethical certification for museum curators;

i. Reduces the corruption within museums that increases the ability for trafficking of such objects for increased profit;

f. Providing funds for background checks;

i. Provenance documents (documents recounting the history, time period, and significance of a piece of art or artifact) can easily be forged by black market sellers who want to increase their profit but decrease their suspicion;

ii. Bettering background checks is imperative to limit the influx of counterfeit documents;

1. Allocating funds to improve/create museums in the countries of origin of the stolen cultural objects to ensure that protective and security measures have the increased chance to prevent damage or theft of the artifacts;

g. Creating a board of respected art/museum experts or curators that will choose which objects to prioritize in buying/getting them back;

3. Implements measures of multinational legislation;

a. Authorizes the Criminal International Accountability Operation (CIAO) to combat transnational cultural relic trafficking through harsher anti-criminal punishments;

i. The organization would consist of impartial and secure members of the international community;

1. Security and impartiality would be defined by Global Peace Index as well as historic and recent legal actions;

ii. The organization would meet on a biannual basis;

b. Introduces encouraged anti-criminal legislation guidelines for countries to follow at their individual discretion;

i. Would include harsher prison sentences;

1. Recommended a minimum of 8 years, with applicable fines to be judged by individual countries;

ii. Nations would follow guidelines at their individual discretions;

c. Emphasizes multilateral police efforts across borders to track smugglers and communicate with one another;

d. Establishes global and accessible database of smuggling hotspots that police can track down;

e. Employs data analysts from willing countries to identify patterns in routes;

f. Protects nations’ rights to archaeological findings;

i. Granting rights to archaeological finds to the country in which they are found rather than the company that provides the labor;

ii. Specialized trainings such as protocols for those working in excavation sites;

g. Promotes archaeological institutions throughout communities;

i. Improved funding for archaeological institutions by means of UNESCO funding and encouraged community or national funding;

h. Encourages cross-border cooperation and shares any relevant information regarding the detection or whereabouts of stolen cultural objects as well as cooperating in their recovery;

i. Provides further security for UNESCO Heritage Sites and preventing all further exploitation and extraction of artifacts from them;

ii. Establishes a committee that oversees these sites and their cultural artifacts, thus allowing them to improve the security measures;

iii. Sets up research compounds around the sites to assist in further learning and to give additional safekeeping to the site;

j. Improves secure communications for researchers and security;

i. Creates new formats of communication for the transfer of vital information;

ii. Makes existing databases more accessible to all regions and nations;

k. Strengthens national legislations and enforcement of severe penalties against traffickers to effectively combat illicit trade;

l. Calls upon the Compromise Across Nations (CAN) board that aids in determining ownership of cultural objects;

i. The board is composed of representatives from all nations that take pride in their cultural heritage and would be rotated as well as gain input from UNESCO members and regional cultural councils;

ii. Any nation can apply for ownership of artifacts through the board;

1. Review of historical and cultural significance will occur through boards of specialists and UNESCO to determine where it may be best placed;

2. The extent of protection provided by nations will be taken into account when determining ownership;

a. Factors included but not limited to: funding toward the protection of objects, status of active conflict within accepting and donating states, and specific measures/locations for the protection of objects themselves;

iii. Created an international cultural ‘Sink or Swim’ initiative by Iraq, allowing for nations who have ownership of artifacts to have mutual exchange agreements with other nations in order to promote cultural learning and variety in public historical museum exhibitions;

1. Exchange can be through physical artifacts, information, monetarily, etc.;

a. Encourage tourism in those nations where they can lease artifacts from other nations to allocate 10% of their annual museum revenue to artifacts returned;

b. Distribute a certain amount of money to the nations depending on the percentage of their artifacts that are there;

2. These are to be used for educational purposes only and not to be changed;

m. Establishes a taxation system (TPOSA) paid towards UNESCO cultural funds, regulated with WTO and INTERPOL on the international sale of historically significant goods;

i. Failure to comply with this system as discovered by audit of individuals or corporate bodies by WTO analysts would result in the individual or corporation facing international charges before the ICJ, with charges being added for trafficking of cultural goods and smuggling in tandem with any fraud-related charges;

ii. Taxation rate may vary depending on exchange rates and PPP between relevant nations, but a baseline of 16% would be recommended, to be adjusted as seen fit within a reasonable degree by the World Trade Organization;

iii. Individuals found guilty under TPOSA violations would be held accountable to sentencing carried out in their own nation, but determined on an international level as determined by the ICJ;

4. Supports efforts to repatriate stolen archaeological items;

a. Employs museum curators and archaeology experts to go through existing exhibits to inspect artifacts for signs of illegal poaching;

i. Can be aided by Germany’s NEXUD AI app which can be accessed globally and is already funded/running Repurposing Mexico’s existing AI programs for drug trafficking;

b. Promotes international platforms for negotiations regarding repatriation;

i. Using past UNESCO methods to help monitor the return of cultural objects;

1. Past restorative actions through India;

2. In 2019, Afghanistan returned 170 artwork pieces and restored artworks through the help of ICOM;

ii. Expands direct negotiations with the country holders of cultural artifacts and transforms them into an international platform to address issues of reparation;

iii. Employs previously existing protocols of the 1970 convention on the means of prohibiting and preventing illicit import export and transfer of ownership of cultural property and apply them to previously removed artifacts;

iv. Utilizes seizure and return clause of 1970 convention to ensure safe return of objects trafficked before and after 1970;

c. Develops a set standard for repatriation;

i. Strengthening decisions from the 1970 Hague convention that prohibits theft during armed conflicts, stronger implementation of punishment if not followed;

ii. Acknowledging the global injustice of colonialism and establishes a system in which, when taken involuntarily, they should be returned to the origin country;

iii. Applying the concept of simple stealing equally to unlawfully taken artifacts, holding traffickers accountable for stealing indigenous and traditional arts and artifacts, creative copyright applied on stolen art that made it to ethnic boutiques and handicraft stores in the Western world;

d. Using UNESCO’s International Council of Museums to oversee the restoration;

i. Adhering to past actions of ICOM, in which over 17000 objects have been recovered from illegal trafficking systems and restored;

e. Establishes a UNESCO exam exhibition of artifacts out of their original country, incentivizing the return of those items so that those museums can get a UNESCO certificate of approval;

5. Outlining the formation of a framework for a global education system that would better

educate individuals about the importance of the preservation of these items;

a. This resolution is working toward the education of both students and civil service officers;

i. With students, UNESCO will partner with universities or institutions in order to avoid brain drain and bring high-quality education to LDCs;

1. Education topics will include the significance of cultural objects, intellectual property law, cultural property law, and trade agreements;

ii. The university professors/ qualified educational individuals will receive recognition and/or compensation for their efforts;

iii. Civil servants and officers of the law will receive additional educational requirements before entering service that deal with cultural trafficking, especially in “red zones” or areas where this action is prominent;

1. This is to prevent bribery and corruption at high levels;

2. A monetary reward will also be offered for cultural operations that are successful in order to provide incentive;

3. Stronger consequences or legal repercussions will be put into place by working with LEGAL and INTERPOL;

iv. Smaller divisions will be formed under this resolution based on geographical location (ensuring that every country will receive equal attention and resources in order to combat their issues);

1. These divisions will be handling certain UNESCO-determined districts that will aid in the recuperation of these objects;

2. Underdeveloped countries will have the opportunity to receive aid and resources that are funded by UNESCO and former colonizing countries;

b. Volunteer groups and applicable NGOs will create stated educational material;

i. Educational materials will be used to educate the public on artifacts presented in museums;

1. This can be done in the form of signs, videos, or guided tours by individual museums and jurisdiction;

ii. Educational material will be verified by UNESCO and applicable countries;

6. Recognizes the need to cultural identity and heritage, and the implications that a strong cultural identity has for the safeguarding of cultural objects;

a. Calls for the creation of a UNESCO-hosted conference that brings stolen cultural artifacts to light;

i. Reminding that a majority of stolen cultural objects are in public and private institutions, and showcased to the public;

ii. Emphasizing that there is no legal obligation for an institution to showcase their artifacts and that there is instead a strong moral obligation to do so;

iii. Recommending for the funding for the conference to be provided by the donors and industry professionals who currently fund the institutions that hold cultural artifacts;

iv. Acknowledging that the powerful nations that hoist these artifacts are constantly looking to build relationships with smaller and less powerful countries, especially countries that faced colonialism (these countries can participate in the UNESCO-based conference to do so);

v. Emphasizing that once the conference is over, the cultural artifact can be taken back to its ethnic homeland;

vi. Reminding that this conference is purely voluntary, and that it is a surefire way to return a significant amount of cultural objects back to their ethnic region;

b. Utilize UNESCO’s #Unite4Heritage project to help immerse initiatives that encourage the promotion and donation towards this cause;

i. Addressing effective methods through social media campaigns through locally and internationally run events;

ii. Expanding upon the hosted conference in 1970’s to gather global sentiment of trafficking and taking into account present events to create an updated resolution of repairing the cultural loss;

c. Recognize the value that cultural objects hold for their country and their history and prevent illicit action in attempts to reclaim them;

i. Acknowledging the concern certain members of society have with expropriated cultural artifacts;

ii. Honoring the regional legislation protecting foreign cultural property within public or private collections.