UNESCO-Monaco Cooperation: Capacity building for the fight against the illicit trafficking of Cultural objects in Mongolia - Policy recommendation

8/9/2019 UNESCO-Monaco Cooperation: Capacity building for the fight against the illicit trafficking of Cultural objects in Mon

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2003

2011

POLICY RECOMMENDATIONS

UNESCO-MONACO COOPERATION

Capacity-Building for the Fight Against the Illicit Traffickingof Cultural Objects in Mongolia


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01 Preface

02 Introduction

03 2003 Sub-Regional Workshop Recommendations

05 2003 Mongolian Recommendations

07 Review of the 2003 Mongolian Recommendations

13 2011 Mongolian Recommendations

16 Appendix

CONTENTS


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The theft, pillage and illicit trade in artefacts are the

outright negation of peoples. They reduce history to the level

of merchandise. They are seriously detrimental, and often

irreversibly so, to the collective memory, social cohesion and

mutual enrichment...The fight against this trafficking is a

shared responsibility and each of us must play our part.

---Irina Bokova (Director-General UNESCO)

Cultural property is a treasured record of our collective

past. With the illicit traffic of cultural heritage, it is

Mongolias identity and sense of history that are also at risk.

---Gundegmaa Jargalsaikhan

(Secretary-General of Mongolian National Commission for UNESCO)


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United NationsEducational, Scientific and

Cultural Organization


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In a period of rapid changes, globalization and open-marketeconomy, it is becoming absolutely evident that Mongolia needsto intensify its fight against the illicit trafficking of cultural objectsand raise it up to international standards. The increasing scale ofillicit trafficking of cultural objects such as paleontological andarcheological findings is a major concern not only for Mongoliabut for the worldwide community.

Capacity-building of professionals, public awareness, sound legalenvironment, and cooperation among domestic and internationalorganizations are the main issues to tackle to sustainably andefficiently improve the protection of Mongolias culturalheritage. In this regard the UNESCO/Monaco Funds-in-TrustProject Capacity-Building for the Fight Against Illicit Traffickingof Cultural Objects in Mongolia made immense contributions.

Within the framework of the above mentioned project, ourprofessionals reviewed the 2003 Mongolian Recommendations

which laid the policy road map to fight the illicit trafficking ofcultural objects in Mongolia. In addition, national andinternational experts compiled the 2011 Recommendationsaddressed to the Mongolian government, whosefollow-up and implementation are of utmost importance.

I wish to address my sincerest gratitude on behalf of theMongolian people and Government to the Principality ofMonaco for its generous support, to UNESCO Beijing Officeand to all those who offered their contributions to successfullyimplement this project in our country. Thank you all.

May the fight against the illicit trafficking of cultural objectsalways win.

Gundegmaa JargalsaikhanSecretary-General of Mongolian National Commission for UNESCO

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Preface


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Due to globalization and following the relativedecrease of political and economic barriers inthe internationalization of trade and tourism,the illicit traffic of cultural property remains anunremitting international concern.Furthermore, the ease in communication andtransport at a global level and the widespread useof high-technologies has widely contributedto the increase in the illicit tradeof arts and cultural objects.

The issue is particularly blatant in Asia, wheregovernments often lack the resources toadequately fund the protection of culturalheritage, including paleontological andarcheological research, protect treasures from

plunder and looting, and sensitize the localpopulation to the value of its historical andcultural record.

The increase of the illicit trafficking of culturalproperties worldwide has made the protectionand preservation of Mongolian antiquities amatter of national and also international concern.

This dangerous practice triggered a nationaldialogue in the country about ultimatelystopping the illegal transfer of antiquities,recognizing the grave current situation ofcultural heritage protection mechanisms inMongolia.

Capacity-building of professionals, publicawareness, a sound legal environment, andcooperation among domestic and internation-al organizations are the main aspects to beimproved for the efficient fight against illicittrafficking of cultural objects in Mongolia.

Within this context, six workshops weresuccessfully organized from 2010 to 2011 underthe UNESCO/Monaco Funds-in-Trust Projectentitled Capacity-Building for the Fight Againstthe Illicit Trafficking of Cultural Objects inMongolia.

Renowned international professors and expertsfrom INTERPOL, the Carabinieri Departmentfor the Protection of Cultural Heritage andother institutions and organizations conduct-ed the training workshops in which over 130Mongolians participated: customs officers,policemen, museum curators, private collectors,cultural workers, researchers, social workersand school teachers all improved their capacity

and knowledge in the area.

In addition to the capacity-building efforts, areview of existing policies and actionsin the field of illicit trafficking of culturalproperty was undertaken for Mongolia. Agroup of experts from the former Ministry ofEducation, Culture, and Science, theNational Legal Institute, the State SpecializedInspection Agency and Criminal PoliceDepartment undertook a review of the 2003Mongolian Recommendations, (covering theperiod 2003-2011) which were developed fromthe 2003 UNESCO Sub-Regional WorkshopRecommendations.

Based on the findings of this review aswell as comments solicited during the 6workshops, the group of experts compiled the2011 Mongolian Recommendations to act as auseful guideline and policy road map forMongolian authorities and relevant stakeholders.

Introduction

Traditional knife set: knife, flint and pendants


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2003 Sub-Regional Workshop Recommendations

In 2003, the UNESCO Beijing Office and the MongolianNational Commission for UNESCO organized inUlaanbaatar the Sub-Regional Workshop on the Illicit

Traffic of Cultural Property.

The workshop was attended by 70 delegates from thePeoples Republic of China, Japan, The Republic of Korea,

The Democratic Peoples Republic of Korea, and Mongoliaas well as by a team of international experts.

It provided the opportunity to exchange the bestpractices and examine methods of improvementconcerning the pressing issues of management,conservation and protection of cultural objects, thereturn or restitution of illegally exported items, and fightingagainst illicit traffic.

Learning from past experiences and exploring potentialavenues to solve these issues, the participants of the

workshop agreed on a series of recommendationsaddressed to the East Asia region, outlined below.

We the participants of the UNESCO Semi-Regional Workshop on the Illicit Traffic of CulturalProperty held from 30-31 October, 2003, in Ulaanbaatar, Mongolia, and organized by UNESCOand the Mongolian National Commission for UNESCO,

Having considered in depth the various issues relating to the protection, management, returnor restitution of cultural property to its country of origin, and the problem of illicit trafficking ofcultural property, whether criminal or otherwise illegal and the prevention thereof, as well asthe ways of ensuring the return of such property after it has been located and identified,

Invite States that have not already done so to become Party to the Convention of CulturalProperty in the Event of Armed Conflict 1954 and its two Protocols (1954 and 1999), the

UNESCO Convention on the Means of Prohibiting and Preventing the Illicit Import, Export andTransfer of Ownership of Cultural Property (1970), the UNIDROIT Convention on Stolen orIllegally Exported Cultural Objects (1995), and the UNESCO Convention on the Protection of theUnderwater Cultural Heritage (2001).

Recommend to States and those dealing with these issues, notably museum and archiveprofessionals, police and customs officials and non-governmental organizations to:

1. Promote international, regional and bilateral cooperation for the exchange of informationrelating to cultural objects whether illicitly trafficked or displaced as a result of armedconflict, occupation, or colonial practices and in doing so consider using available regionalcollaborative frameworks;

2. Implement campaigns aimed at raising awareness of the general public decision makers,law enforcement officers and local communities of the importance of the protection ofcultural property, and especially the problem of its illicit traffic;

2003 Sub-Regional Workshop Recommendations


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3. Ensure the compatibility of relevant national legislation with international law in force;

4. Clarify ownership of cultural property for effective enforcement of national legislation anddeclare in such legislation State ownership of un-excavated cultural property so as inter aliato facilitate its recovery in foreign jurisdictions and to support prosecution of persons thatdeal in stolen, illegally excavated or illicitly trafficked cultural property;

5. Invite the Director General of UNESCO to facilitate the making of a comparative analysisof national cultural heritage legislation in the North-East Asian sub-region and to developillustrative, selected world-wide case studies of the return of cultural property to assist incapacity building;

6. Elaborate specialized training programs on legal protection and security measures forcultural heritage directed to museum professionals, police and customs officials,emphasizing the need to respond rapidly to requests for information on specific culturalproperty;

7. Encourage the use of all means available to locate, identify and repatriate stolen or illicitly

trafficked cultural property including, but not limited to, the use of Object ID and culturalproperty databases, the sharing of information on the Internet and the use of networkssuch as INTERPOL, the International Council of Museums (ICOM), the InternationalFoundation for Art Research (IFAR), the International Council on Archives (ICA), theInternational Federation of Library Associations (IFLA) and the World CustomsOrganization (WCO);

8. Facilitate efficient cooperation among the services involved in the protection of culturalproperty on an organization basis by, inter alia, establishing a national unit or committeeincluding representative of authorities concerned with the protection of culturalproperty (for example, police and customs officers, antiquities authorities, Ministry of Culture,

Ministry of Justice) to work together in the fight against the illicit traffic of cultural propertyand to ensure that contact details of the committee are forwarded to UNESCO to enableeffective communication.

Antiquity trade is booming business in Mongolia


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The above 2003 Sub-Regional WorkshopRecommendations were further developedinto Mongolian Recommendations to address

specific concerns pertaining to Mongolia andrelevant to the Mongolian authorities andstakeholders.

2003 Mongolian Recommendations

We the participants of the Semi-Regional Workshop on the Illicit Traffic of Cultural Propertyheld on 30-31 October, 2003 in Ulaanbaatar, Mongolia, and organized by the UNESCO BeijingOffice and the Mongolian National Commission for UNESCO,

Based on the 1970 UNESCO Convention on the Prohibiting and Preventing the Illicit Ex-port, Import and Transfer of the Ownership of Cultural Property and the 1995 UNIDROITConvention on the Stolen or Illegally Exported Cultural Objects,

Recommend to the Government of Mongolia to:

1. Ensure the compatibility of relevant legislation of Mongolia with respective UNESCOguidelines, recommendations and international conventions introducing amendments ordeveloping new statutes;

2. Promote the ratification of the 1995 UNIDROIT Convention and the 2001 UNESCOConvention on the Protection of the Underwater Cultural Heritage in the potential short run;

3. Constitute bilateral or multilateral agreements on return or restitution of stolen and

illicitly exported cultural property to its country of origin and promote relevant preventativemeasures;

4. Review the issue of antiquity trade in order to improve the control of illicit trafficking ofhistorical and cultural property and amend the Law of Special Licensing of Economic

Activities;

5. Elaborate and implement specialized training and cognitive programmes for theenhancement of knowledge and education directed at the staff of the relevant professionalagencies (customs, police, museums, archives, etc.) and the public in order to intensify thecombating of illicit trafficking in cultural property;

6. Facilitate efficient cooperation and the sharing of information among international institutions such as INTERPOL, International Council of Museums (ICOM), International

Council on Monuments and Sites (ICOMOS), World Customs Organization (WCO), etc.,to locate, identify and repatriate illicitly trafficked or stolen cultural property and providethose organizations with information on relevant Laws of Mongolia, Export and ImportPermit, and Certificate etc.;

7. Establish an Information Database on locating, identifying and registering illicitly traffickedor misplaced cultural property of Mongolia and establish a national unit or committeeincluding representatives of authorities concerned with the protection of cultural property(for example, relevant ministries, police or customs officers, researchers and the public)

for the responsibility of researching and ensuring the organization of restitution of suchproperty;

8. Establish an information network among the relevant state institutions based on the stateregistration and information database and ensure they are updated;



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9. Improve the safeguarding of historical and cultural property sites and customs controlensuring appropriate equipment;

10. Provide financial support to establish a consolidated registration and information databasefor the cultural objects of Monasteries.

Green Tara of Zanabazar school stolen from West Choir Monastery in 2011, Tsagaandelger soum, Dundgovi Province.


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Review of the 2003 Mongolian Recommendations

Within the framework of theUNESCO/Monaco Funds-in-Trust ProjectCapacity-Building for the Fight Againstthe Illicit Trafficking of Cultural Objects inMongolia, a review of the 2003 Mongolian

Recommendations was carried outrecommendation by recommendation.

Their subsequent implementation determinedthe current status of the fight against the illicittrafficking of cultural objects in Mongolia, andspecifically the progress that has been madesince the 2003 Mongolian Recommendations.Each paragraph in total 10 has been reviewedand updates have been provided.

National experts considered that Mongolianauthorities had made significant progress, inparticular to enhance the comprehensiveness of

the legislative framework and in theimprovement of capacities in museums inUlaanbaatar.

However, the team of national experts

unanimously agreed that the legislativeframework should be further improved tomeet international standards; that awarenessabout the issue of illicit trafficking shouldbe better raised in particular in MongolianProvinces and that mechanisms at the nationallevel should be established to facilitatecooperation.

In light of this, a set of new (2011)recommendations was put together reflecting

issues identified during the review as well asideas solicited from the workshop participants.

1. Ensure the compatibility of relevantlegislation of Mongolia with respectiveUNESCO guidelines, recommendations

and international conventionsintroducing amendments or developingnew statutes

The Law on the Protection of Cultural Heritagewas amended two times in 2004 and 2005 sincethe 2003 Mongolian Recommendations wereissued.

The amendment ratified in 2004 to the Law onthe Protection of Cultural Heritage introduced

a new feature on Cultural Heritage Control tothe Law. This amendment gave the governorof soums and districts the right to concludean agreement with local citizens and relevantofficials on bearing their responsibilities forprotecting the historical and culturalproperties and reporting on illegal explorationand excavation.

This constituted a major step towardsupgrading the legislative framework for theprotection of cultural heritage by expandingthe scope of the definition for cultural objects,clarifying the rights and responsibilities of thepublic, private organizations, and concernedofficials for the protection of historical andcultural property in their terms of reference, and

by updating an accountability system for theviolation of laws.

The 2005 amendment was aimed at expandingthe scope of intangible cultural heritage andupgrading pertinent legislative regulations.

Also, The Main Guidelines TowardsEnhancing the Laws of Mongolia by 2012 wasapproved by Resolution No. 38 by the Parliamentof Mongolia in 2009. The Resolution prescribedthat an Amendment Bill to the Law on theProtection of Cultural Heritage was to besubmitted to Parliament.

In order to implement this Resolution andupgrade the legislative framework for theprotection of cultural heritage, a workinggroup consisting of representatives fromprofessional, governmental, cultural, andacademic institutions was established by DecreeNo.318 by the Minister for Education, Cultureand Science in 2009. This group conductedresearch on law enforcement, harmonizationof national laws with internationally recognized

standards, and the necessity of introducingamendments to the Law on the Protection ofCultural Heritage.

Based upon the research results, proposals, andrecommendations of relevant institutions and

Review 2003-2011


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ministries, a Bill along with the Concept of theBill was introduced by the working group tothe Cabinet meeting debate. Consequently,the Bill was submitted to the Parliament forendorsement. The main concepts embodied inthe Bill are the following:

The definition of legal terms was redefinedand introduced as Article 2 in order to makeprecise and rationalize the legal definition ofterms used in the Law;

A legal status on regulating relations inthe process of registration, protection,conservation, research, promotion andrejuvenation of cultural heritage wasclarified for professional institutions andcitizens;

Concepts such as World Heritageprotection and inheritance of IntangibleCultural Heritage were additionallyprescribed, as well as their social andeconomic significance being simplified forcitizens;

Amending the Law on the Protection ofCultural Heritage was one of the actionsrequired to fulfill the responsibilities ofthe Government of Mongolia before the

international community concerning thecontrol on exploration and research of

mineral resources, protection of monasteryrelics and artifacts and World Heritage.

In line with amending the Law on the Protectionof Cultural Heritage, amendments to the Lawon Licensing of Economic Activity, Law on theRelationships between the State and

Monasteries, Law on Mineral Resources,Criminal Code and Civil Code of Mongolia arebeing introduced. Such comprehensive actionof amending the interrelated Laws establishesa more comprehensive legal framework for theprotection of cultural heritage as a whole.

2. Promote the ratification of the 1995UNIDROIT Convention and the 2001UNESCO Convention on the Protectionof the Underwater Cultural Heritage inthe potential short run

As of 2011, the 1995 UNIDROIT Conventionand the 2001 UNESCO Convention on theProtection of the Underwater Cultural Heritagehave not yet been ratified by Mongolia.

3. Constitute bilateral or multilateralagreements on return or restitutionof stolen and illicitly exportedcultural property to its country of origin

and promote relevant preventative

measures

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Buddha statue stolen from Govi-Altai Provincial Museum in 2011.


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In 2011, during the official visit of MongolianPrime Minister S.Batbold to the PeoplesRepublic of China, an Intergovernmental

Agreement on prohibiting and preventing theillicit export, import and theft of culturalproperty and illegal excavation in culturallandscapes was signed.

The basic principle of the agreement is that eachParty bears responsibility for preventing theillicit export, import, and trade of culturalproperty and preventing illegal excavationin their respective country as both are StateParties that ratified the 1970 UNESCOConvention on the Means of Prohibitingand Preventing the Illicit Import, Export and

Transfer of Ownership of Cultural Property.

Moreover, a draft agreement has also beenexchanged between the Government ofMongolia and the Government of the Republic

of Cyprus.

4. Review the issue of antiquity trade inorder to improve the control ofillicit trafficking of historical andcultural property and amend the Law ofSpecial Licensing of Economic Activities

In harmonization with the Amendment to theLaw on the Protection of Cultural Heritage,amendments were proposed to the Law onLicensing of Economic Activities along withother relevant Laws in order to improve thecontrol of illicit trade of cultural property.

The Bills were introduced to the Cabinetmeeting debate and accordingly were submittedto the Mongolian Parliament for endorsement.

According to the amendment to the Law onLicensing of Economic Activities, trafficking ofunique valuable and invaluable historical andcultural objects as well as antique trade refer tothe type of economic activities which are subjectto licensing.

5. Elaborate and implement specializedtraining and cognitive programmes forthe enhancement of knowledge andeducation directed at the staff ofthe relevant professional agencies(customs, police, museums,

` archives, etc.) and the public in order tointensify the combating of illicittrafficking in cultural property

In order to raise awareness of the illicittrafficking of cultural objects among the staff ofthe relevant professional agencies and NGOs(police, intelligence, customs, speicalized

inspectors, scientists, and professionals),the State Specialized Inspection agency, theCriminal Police Department and UlaanbaatarCitys Crime Prevention Council organized the

workshop entitled Control on the Historical andCultural Objects on the 22nd of March, 2010.

This was done in the framework of the campaignof the National Police Agency of Mongolia enti-tled The Fight Against the Illicit Trade Ciricula-tion of the Cultural and Historical Objects.

In 2010-2011, the UNESCO Office in Beijingand the Mongolian National Commission forUNESCO cooperated closely in theimplementation of the project funded by theGovernment of the Principality of Monaco onCapacity-Building for the Fight Against Illicit

Group photo of the participants of normative training workshop Negotiation of Bilateral Agreements forthe Restitution of Stolen Cultural Objects in 2011.


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Trafficking of Cultural Objects in Mongolia.

A series of six training workshops were heldunder specific themes involving over 130participants from a wide sphere of relevantorganizations whose functions are to protect andconserve cultural objects.

The workshops, conducted by international andnational experts, aimed to raise publicawareness, including teachers and youth, aboutthe fight against the illicit trafficking of culturalmoveable property. This was achieved throughbuilding the capacity of teachers and key staffsuch as police, customs, and museum staff toimprove the role and management of museumsand to raise awareness on professional codesof ethics and on the importance of applying theObject ID standard form for inventories etc.

The workshops also addressed themessuch as preventing illicit export, identifyinghistorical and archaeological findings,investigating and researching stolen culturalobjects, and exchanging information.

6. Facilitate efficient cooperation and the sharing of information among

international institutions such asINTERPOL, International Council

of Museums (ICOM), InternationalCouncil on Monuments and Sites(ICOMOS), World CustomsOrganization (WCO), etc., to locate,identify and repatriate illicitly traffickedor stolen cultural property, and providethose organizations with informationon relevant Laws of Mongolia, Exportand Import Permit, and Certificate etc.

Data on crimes with regard to the illicit exportof cultural property on a national level havebeen shown in the table below according to the

Annual Report of the Supreme Court ofMongolia for 2002-2010:

Cooperating with INTERPOL, a number ofactions have been undertaken in the fight

against the illicit traffic of historical and culturalobjects.

For example, in accordance with a bilateralagreement on reciprocal cooperation andsupport, historical and cultural propertiesstolen from the National Museum of Mongolia

are reported to the INTERPOL StolenWorks of Art database and are investigatedinternationally.

In 2009, a paleontological finding wasconfiscated at a Russian Federations borderport Khyakhta from a citizen of the Republic ofPoland who was travelling from Mongolia to theRussian Federation. The archaeological finding

was identified as a historical and cultural objectof Mongolia which was being searched for byINTERPOL. Pertinent documents to restitutethe finding have been compiled in accordance.

7. Establish an Information Database onlocating, identifying and registeringillicitly trafficked or misplaced cultural

property of Mongolia and establish anational unit or committee including

representatives of authoritiesconcerned with the protection of culturalproperty (for example, relevantministries, police or customs

officers, researchers and thepublic) for the responsibility ofresearching and ensuring theorganization of restitution of suchproperty

The Ministry of Education, Culture andScience, the State Specialized Inspection

Agency, the National Police Agency (StateInvestigation Department and Criminal PoliceDepartment), the General Intelligence

Agency and the Customs GeneralAdministration of Mongolia are cooperatingmore closely and now have each designated atleast one professional staff member responsiblefor the fight against the illicit trafficking ofcultural objects among their other duties. (Atthe moment, The Criminal Police Departmentis the only organization which employs twofull-time officers to overview the fight againstillicit trafficking.)

For example, in 2011, a working team of the

National Security Council of Mongolia with thecooperation of the General Intelligence Agency,Criminal Police Department, Cultural HeritageCentre, and the State Specialized Inspection

Agency made inspections of the listed uniquevaluable cultural objects nationwide. During the

Illicit Traffic of CulturalProperty Across the Border


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inspection, it was revealed that some museumshad inadequate documentation of culturalobjects and replaced the unique valuablecultural objects with replicas.

However, as of 2011, a formal National Commit-

tee has yet to be established.

8. Establish an information network amongthe relevant state institutions based onthe state registration and informationdatabase and ensure they are updated

The Programme for Digitalizing andPreserving National Cultural HeritageInformation was approved by GovernmentResolution No. 244 of 2005. Within theimplementation framework of the programme,

goals and objectives were set forth for 2006-2008including compiling comprehensive informationon national cultural heritage, improving theregistration-information national databasesystem, creating a network by digitalizingcultural heritage information, and establishingan environment for the prompt exchange andsecure preservation of information.

In order to meet these objectives, consequentactions were undertaken by the beneficiary

organizations. The beneficiary organizationswere provided with necessary supplies andequipment for the registration anddocumentation of historical and culturalproperties, connected with an online networkcreating an environment for the prompt

exchange of information, and trained humanresources.

As a result, a nationwide integrated informationnetwork was created. Between 2006 and 2008,forty national and provincial museums were

provided with the following supplies andequipment:

Since 2006, a Registration of CulturalHeritage (RCH) software programme wasdeveloped and introduced to national and

provincial museums. This softwareprogramme was revised in 2010 and thenew version, RCH 2.0, was installed in themuseums.

Thirty six beneficiary museums were

provided with complex technical equipmentincluding computers, digital cameras and aphoto studio for improving the registration

and information database of culturalheritage.

National and provincial museums are beingconnected to an online network and fundsfor its use are allocated within the Stateannual budget.

Moreover, an action to advance registrationand documentation equipment of museums wastaken by the then Ministry of Education, Cultureand Science in 2011, leading to the distributionof high-capacity computers to the forty nationaland provincial museums.

Members of the National Inspection Team during the nationwide process of inventorying

unique valuable cultural objects, 2011


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9. Improve the safeguarding of historicaland cultural property sites and customscontrol ensuring appropriate equipment

By the Government Resolution No.244 toimplement the Programme for Digitalizingand Preserving National Cultural Heritage

Information, a budget of about 300 milliontugrugs (corresponding to about US$ 214thousand) was approved and allocated by theGovernment of Mongolia to improve technicalsupplies and equipment of the institutions wherecultural heritage collections are kept.

In order to solve pressing issues in thepreservation and protection of cultural heritage,activities such as supplying customs institutions

with required equipment, organizing trainingworkshops on enhancing the knowledge of

customs frontier officers for identifying culturalheritage and building special storage spaces forcultural objects have been undertaken step bystep.

For instance, a temporary customs clearancesystem was developed and launched to improvethe control at the frontier customs office.

The system ensures the awareness of the due

return date of cultural objects that have crossedthe customs frontier. To detect the movementof prohibited and restricted cultural objects,examination of passengers luggage isperformed by a large X-ray machine atZamiin-Uud customs frontier, with smaller X-raymachines being used at other customs frontiers.

As a result, as of November 2011, a total often cultural properties have been confiscated atthe customs frontier due to an illegal attempt ofcrossing the border, and five properties weredetected as the due date for re-export waspassed.

10. Provide financial support to establish a consolidated registration and

information database for the culturalobjects of Monasteries

Within the framework of the implementationof the Programme for Digitalizing andPreserving National Cultural HeritageInformation the Gandantegchenlin Monastery

was provided with computers and othertechnical equipment for the registration anddocumentation of its cultural heritage propertiesin 2009.

Traditional furniture of Mongolian gers getting rare nowadays


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Following the initial assessment of the 2003Mongolian Recommendations, the team ofnational experts developed a list of policyrecommendations addressed to all stakeholdersinvolved in the fight against the illicit trafficking

of cultural objects.

This was carried out by solicitingrecommendations from the national participantsduring each of the six workshops organized

under the UNESCO project from 2010-2011,with input by the seven international expertswho successively conducted the trainingsessions under the project.

From these two sources the team of nationalexperts developed the following list of policyrecommendations addressed to all stakeholdersinvolved in the fight against the illicit traffickingof cultural objects.

Having considered the results of the activities undertaken within the implementation of theRecommendations of UNESCO Sub-Regional Workshop held in Ulaanbaatar in 2003,

Considering the inputs and outcomes of the 2010-2011 UNESCO Workshops on theCapacity-Building for the Fight Against Illicit Trafficking of Cultural Objects in Mongolia,

Recommend to the Government of Mongolia to undertake the following actions to regulatethe pressing issues in the fight against illicit traffic and the improvement of the protection andpreservation environment of cultural heritage:

I) Enhancing the Legislative Framework and Legal Regulations1. Ensure the cultural policy is at the centre of State policy and promote active participation of

citizens, governmental and non-governmental organizations in its implementation throughestablishing a favourable economic, social and legislative environment;

2. Conduct an assessment on the status of the implementation of national legislative acts aswell as international conventions to which Mongolia is a Party;

3. Within the framework of current legislative regulations, reconsider the current sanctionstatus of cultural heritage crimes, increase the penal and administrative sanctions for the

violation by citizens, officials and economic entities, amend the Criminal Code of Mongoliaintroducing a new article on crimes against cultural heritage;

4. Establish a system according to which a license, as in the Law on Licensing of EconomicActivity, should be issued every time historical and cultural property is exported, and anactivity report, sealed by a relevant authority, that verifies the return of previously exportedcultural objects should be required to issue an export license anew;

5. Specify the status of exporting historical and cultural property in the Regulation on Issuing an Export License for Historical and Cultural Objects (documentation, control code,

clearance declaration), adopt the Model Export Certificate for Cultural Objects developedjointly by UNESCO and the World Customs Organization (WCO) consistent with Article


The 20 recommendations are organized around 4 main themes: I) Strengthening the legislative framework; II) Upgrading the registration and information system for cultural objects; III) Enhancing security and storage environment of institutions housing cultural heritage; IV) Intensifying public involvement and cooperation.


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6 of the 1970 UNESCO Convention on the Means of Prohibiting and Preventing the IllicitExport, Import and Transfer of Ownership of the Cultural Property;

6. Establish an appropriate legislative regulation for cultural heritage risk assessment;

7. Specify the legislative status, the rights and responsibilities of antique stores and dealers,monitor antiques auctions and explicitly upgrade the legislative regulations framework forthe functioning of antiques auctions;

8. Promote the ratification of the 1995 UNIDROIT Convention on Stolen or Illegally ExportedCultural Objects and the 2001 UNESCO Convention on the Protection of the UnderwaterCultural Heritage.

II) Upgrading the Registration and Information System9. Based on the national registration-information database of cultural heritage, create an

information database for locating, identifying and registering outbound historical andcultural properties;

10. Complete a national list of illegally removed cultural objects based on the model of theICOM Red List of objects at risk and publicize the list at a local and international level forrelevant professionals and institutions;

11. Establish a professional and financially independent National Committee with access toINTERPOLs Database on Stolen Works of Art, composed of public officials whose functionis to search for stolen or illicitly exported cultural objects, organize the restitution of suchproperties and monitor the movement of cultural objects;

12. Improve the documentation of cultural property and organize a campaign nationwide oncataloguing of cultural objects consistent with the Object ID international standard anddisseminate the results along with documented information to concerned institutions (lawenforcement, customs, cultural etc.) as well as to international information networks;

13. Create an electronic information system of historical and cultural heritage and providespecialized inspection agencies, border protection agencies and customs offices withpertinent information.

III)Ensuring the security, storage and protection environment of concerned

institutions for the protection and preservation of historical and culturalproperty

14. Conduct a case study on the conservation and protection of collections nationwide andbased on the study result, elaborate and adopt a national programme Mongolian MuseumsReform for the improvement of the preservation and protection of historical and culturalproperty;

15. Develop guidelines, methodology and curriculum for the conservation and protection ofcultural heritage; organize thematic short or long term workshops and train professionalsfor introducing international networks on the protection of cultural heritage;

16. Ensure the security of the concerned institutions for historical and cultural heritageprotection, improve their alarm and protection system standards, establish a professional collection storage environment harmonizing with international standards; and provide

contemporary protection techniques.


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IV)Intensifying the public involvement and cooperation17. Publish simple publications or leaflets with simpler texts promoting relevant national

legislations or produce a simplified video documentary on Unique invaluable historical and cultural objects of Mongolia based on scientific justification to introduce the

uniqueness and value of historical and cultural heritage etc.;

18. Ensure that Mongolias entry in the UNESCOs online Database of Cultural Heritage Lawsis constantly updated, publicize legal restrictions on movements of national historical andcultural properties for foreign museum collectors, dealers, tourists, etc;.

19. Develop a mid-term cooperation strategy on strengthening the correspondence among theMinistry of Culture and other concerned ministries, police and customs organizations andintensify the work of entry in integrated information network for the cooperation;

20. Develop a training module for cultural heritage trainers; organize serial regionalworkshops, broadcast serial programmes through television or the Internet in order topromote education for cultural heritage.

International experts from INTERPOL during their visit at the Gandantegchenlin Monastery in 2011.

Carabinieri experts with representatives of UNESCO Beijing Office,

Mongolian National Police Agency and State Investigation Department.


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Appendix:Project Resource Materials

Illicit Trafficking Information

UNESCO`s Action on the Illicit Traffic ofCultural Property

http://www.unesco.org/new/en/culture/themes/movable-herit-age-and-museums/illicit-traffic-of-cul-tural-property

International Normative Instruments for the

Protection of Cultural Heritage

The UNESCO Convention for the Protection of CulturalProperty in the Event of Armed Conflict (1954)

http://portal.unesco.org/culture/ad-

min/ev.php?URL_ID=35744&URL_DO=DO_TOPIC&URL_

The UNESCO Convention on the Means of Prohibitingand Preventing the Illicit Import, Export and Transfer of

Ownership of Cultural Property (1970)

http://www.unesco.org/new/en/culture/themes/movable-herit-age-and-museums/illicit-traffic-of-cul-tural-property/1970-convention/

The UNIDROIT Convention on Stolen or IllegallyExported Cultural Objects (1995)

http://www.unidroit.org/english/conventions/1995culturalproper-ty/1995culturalproperty-e.pdf

The UNESCO Convention on the Protection of theUnderwater Cultural Heritage (2001)

http://portal.unesco.org/en/ev.php-URL_ID=13520&URL_DO=DO_

TOPIC&URL_SECTION=201.html

The UNESCO Convention for the Safeguarding of theIntangible Cultural Heritage (2003)



The UNESCO Convention on the Protection and Promo-tion of the Diversity of Cultural Expressions (2005)



Guide Documents - Codes of Ethics and

International Standards

UNESCO Handbook, Legal and Practical MeasuresAgainst Illicit Trafficking in Cultural Property

http://unesdoc.unesco.org/imag-es/0014/001461/146118e.pdf

UNESCO-WCO Model Export Certificate

http://www.unesco.org/new/en/culture/themes/mova-ble-heritage-and-museums/

illicit-traffic-of-cultural-property/practical-and-ethical-instruments/unesco-wco-model-export-certificate/

Object ID Standard The International Standard forDescribing Art, Antiques, and Antiquities (ICOM, Getty,UNESCO)

http://archives.icom.museum/object-id/

ICOM Code of Ethics for Museumshttp://icom.museum/fileadmin/user_upload/pdf/Codes/code2006_eng.pdf

UNESCO International Code of Ethics for Dealers inCultural Property

http://www.unesco.org/new/

en/culture/themes/mova-ble-heritage-and-museums/illicit-traffic-of-cultural-property/practical-and-ethical-instruments/unesco-international-code-of-eth-ics-for-dealers-in-cultural-property/


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Protection of Cultural Heritage Resources

UNESCO Database of National Cultural Heritage Lawshttp://www.unesco.org/cul-ture/natlaws

Basic Actions concerning Cultural Objects being offered for

Sale over the Internet (INTERPOL-UNESCO-ICOM)

http://www.unesco.org/new/fileadmin/MULTIMEDIA/HQ/

CLT/pdf/basic-actions-cultur-al-objects-for-sale_en.pdf

Restitution of Cultural Property

Information Kit on the Return or Restitution of CulturalProperty

http://unesdoc.unesco.org/im-ages/0013/001394/139407eb.pdf

Rules of Procedure for Mediation and Conciliation forPromoting the Return of Cultural Property to its Countries ofOrigin or its Restitution in Case of Illicit Appropriation

http://unesdoc.unesco.org/images/0019/001925/192534E.pdf

Intergovernmental Committee for Promoting the Return ofCultural Property to its Countries of Origin or its Restitutionin Case of Illicit Appropriation

http://portal.unesco.org/culture/en/ev.php-URL_ID=35283&URL_DO=DO_TOP-IC&URL_SECTION=201.html

Museum Management

Running a Museum: A Practical Handbookhttp://unesdoc.unesco.org/images/0014/001410/141067e.pdf

Running a Museum: A Trainers Manualhttp://unesdoc.unesco.org/images/0014/001478/147869E.

pdf

UNESCO Cultural Heritage Protection Handbook Vol.I: Security at Museums

http://unesdoc.unesco.org/images/0019/001484/148462MGT.pdf


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UNESCO-MONACO COOPERATION

Capacity-Building for the Fight Against the Illicit Trafficking of Cultural

Objects in Mongolia:

Policy Recommendations

Editors-in-Chief

G.Jargalsaikhan, Secretary General of Mongolian National Commission for UNESCO

Beatrice Kaldun, Programme specialist for culture, UNESCO Beijing

Editorial Team

Kh.Erdembileg, Ts.Narantsatsral, Anudari Yeruult, Julien Glenat, Federica Iellici

Design and LayoutN.Gal-Undrakh

Photos

Photos are provided by the Mongolian National Commission for UNESCO

Criminal Police Department of Mongolia

Cover illustration provided by Baidy Odmandal

SELENGEPRESS printing company, Mongolia

2013 Mongolian National Commission for UNESCO

The choice and the presentation of the facts and opinions expressed in this publication are not

necessarily those of UNESCO and do not commit the Organization.

The designations employed and the presentation of materials throughout this publication do not

imply the expression of any opinion whatsoever on the part of UNESCO concerning the legalstatus of any country, territory, city or area of authorities, or concerning the delimitation of its

frontiers or boundaries.

ISBN 978-99962-4-228-1

20032011

United NationsEducational, Scientific and

Cultural Organization

Published by the Mongolian National Commission for UNESCO within the framework of the

UNESCO/Monaco Funds-in-Trust Project Capacity-Building for the Fight Against the IllicitTrafficking of Cultural Objects in Mongolia, 2013.


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