Cultural Property Agreement with United States || UPSC CSE

Cultural Property Agreement

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Context:

India and the U.S. on July 26 signed the first ever cultural property agreement aimed at enhancing cooperation to protect cultural heritage of the two countries.

Details

The U.S.-India Cultural Property Agreement was negotiated by the State Department under the U.S. law implementing the 1970 UNESCO Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property.
The U.S.-India Cultural Property Agreement was signed by U.S. Ambassador to India and Union Culture Secretary in the presence of Minister of Culture Gajendra Singh Shekhawat, the U.S. Embassy.
Cultural property agreements prevent the illegal trade of cultural property and simplify the process by which looted and stolen antiquities may be returned to their country of origin.
With this agreement, India joins the ranks of 29 existing U.S. bilateral cultural property agreement partners.
The USA has already executed agreement with countries like -Algeria, Belize, Bolivia, Bulgaria, Cambodia, Chile, China, Colombia, Costa Rica, Cyprus, Ecuador, Egypt, El Salvador, Greece, Guatemala, Honduras, Italy, Jordan, Mali, Morocco, Peru and Turkey.
India has repatriated 358 antiquities since 1976, out of these 345 have been retrieved since 2014.

Antiquities and their return to India

●The issue of antiquities abroad, their provenance, and repatriation has gained attention due to recent investigations revealing links to smugglers.

●Understanding the legal framework, both nationally and internationally, is crucial to address the challenges posed by illicit trafficking of cultural property.

Definition of Antiquities:

●The Antiquities and Art Treasures Act, 1972, implemented in India, defines antiquities as items with historical, artistic, or cultural significance, existing for at least one hundred years.

● Internationally, the UNESCO 1970 Convention focuses on cultural property with importance in archaeology, history, literature, art, or science.

Indian Legal Framework:

●Pre-Independence Laws: Before Independence, the Antiquities (Export Control) Act of 1947 mandated licences for exporting antiquities.

●Post-Independence Laws: The Ancient Monuments and Archaeological Sites and Remains Act (1958) and The Antiquities and Art Treasures Act, 1972 (implemented in 1976) empower the government to regulate export and sale of antiquities.

●Provenance and Ownership: Provenance, listing owners from creation to the present, is essential. Ownership is proven through documentation, FIRs, and the UNESCO convention's requirements.

International Conventions:

●UNESCO 1970 Convention: Prohibits illicit import, export, and transfer of cultural property, emphasizing international cooperation for protection.

●UN and INTERPOL: Raised concerns on cultural property trafficking, highlighting its impact on countries' cultural heritage.

●Recovery and Return: The requesting party must provide necessary documentation and evidence to establish the claim for recovery.

Checking for Fake Antiquities:

● Under AATA, Section 14(3), owners must register antiquities and obtain certificates.

●The National Mission on Monuments and Antiquities registers antiquities to curb illegal activities.

The Cultural Property Agreement (CPA)

It is aligned with the 1970 UNESCO Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property, to which both countries are States party.

Features of the Agreement

The CPA restricts the importation into the United States of certain archaeological material ranging in date from 1.7 million years ago through 1770 CE and certain ethnological material, which may include categories of civic, religious, and royal architectural material, religious material and ceremonial items, and manuscripts ranging in date from 2nd century BCE to 1947 CE.
The list of such items restricted for import in the United States of America will be promulgated by the Government of the United States of America.
As per the agreement, the United States of America shall offer to return to India any object or material on the Designate List forfeited to the Government of the United States of America.
The Agreement shall be helpful in quick seizure of Indian antiquities at US Customs and their repatriation back to India.

The 1970 Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property

●It urges States Parties to take measures to prohibit and prevent the illicit trafficking of cultural property.

●It provides a common framework for the States Parties on the measures to be taken to prohibit and prevent the import, export and transfer of cultural property.

Principles

Prevention

●The 1970 Convention gives a central role to prevention.

Essential to the fight against illicit trafficking of cultural property, prevention can in particular consist of :

●the regular establishment of inventories;

●the establishment of export certificates;

●the application of controls and approval of traders;

●the application of criminal or administrative sanctions;

● the organization of information and education campaigns.

Restitution

● Articles 7 and 13 of the 1970 convention provide the provisions for restitution.

● For objects inventoried and stolen from a museum, public or religious monument, or a similar institution, article 7 paragraph (b) (ii), provides that States Parties should undertake appropriate measures to seize and return any cultural property stolen and imported. Article 13, states that parties are responsible at the national level in term of restitution and cooperation.

International cooperation

● One of the guidelines of the 1970 Convention is the strengthening of international cooperation between States Parties.

● Article 9 of the Convention commits States Parties to participate in any concerted international operation. It provides for the possibility of more specific actions within the framework of international cooperation such as the negotiation of bilateral treaties on the basis of Article 9 or the control of the export, import and international trade of cultural property.

Why is the agreement important?

The Illicit trafficking of cultural property is a longstanding issue that has affected many cultures and countries throughout history.
A large number of antiquities have been smuggled out of Bharat before the ratification of 1970 UNESCO Convention, and which are now housed in various museums, institutions and private collections across the world.
It serves as justice in returning to India and to Indians, what is rightfully theirs.
It will connect India with the world to allow others to know, see, and experience the culture that we celebrate here today.
It prevents the illegal trafficking of cultural property and helps in retrieval of antiquarian objects to their place of origin.

India’s Commitment to protect and return cultural properties

●The Kashi Culture Pathway’, the Outcome Document of the G20 Culture Working Group unanimously endorsed and called for a strengthened and effective global coalition to enhance the fight against the illicit trafficking of cultural property.

●This commitment of the membership to strengthen the fight against illicit trafficking of cultural property at national, regional or international levels to enable its return and restitution to their countries and communities of origin was reiterated in the New Delhi’s Leaders’ Declaration (NDLD) in 2023.

●The Prime Ministers’ vision of ‘Vikas Bhi, Virasat Bhi’ and the Viksit Bharat Vision 2047 endorse the endless possibilities of the Cultural Creative Economy to boost vibrant and inclusive ecosystems, unlock new pathways of growth and sustainability.

India’s Stolen Antiquaires Worldwide

●Artefacts from Golconda Kingdom: Hyderabad demands the return of 17th-century miniature paintings of the Golconda kingdom from Netherlands

● Royal Charter: Calls for the return of a royal charter of the Chola kings, lost 300 years ago and currently at Leiden University in the Netherlands.

● Kohinoor Diamond: India seeks the return of the world-famous Kohinoor Diamond from the UK, claimed by Pakistan, Iran, and Afghanistan.

●Tipu’s Wooden Tiger: Both India and Pakistan demand the return of Tipu’s Wooden Tiger currently displayed in a London museum.

●Buddha Statue and Ranjit Singh’s Throne: India wants the return of a 7.5-foot tall Buddha statue and the throne of Maharaja Ranjit Singh from the UK.

Recent Repatriations to India:

From the UK:

●Return of three 15th-century idols of Lord Ram, Lakshman, and Sita stolen from a Tamil Nadu temple.

● Repatriation of a Natesha Shiva statue stolen in 1998 from the Ghateshwar temple in Rajasthan.

From the US:

● Return of a set of antiques, including a limestone relief of Shiva and Parvati and a marble Apsara.

● Previous returns include a 12th-century bronze statue of Gautam Buddha.

From Australia:

●Return of three "culturally significant" artefacts, including a pair of door guardians from the 15th century.

●Earlier returns in 2016 included a Nataraja statue and a 1,000-year-old stone sculpture.

Gallery for Returned Artefacts:

● Over 190 antiques confiscated and retrieved by India displayed at a museum gallery in the Purana Qila complex.

● Includes a standing image of Sridevi seized from the US, a marble sculpture stolen from a museum at Patan, and a 10th-century sculpture stolen from Uttarakhand.

Conclusion

CPA is a step towards securing India’s rich and diverse cultural heritage and invaluable artefacts of our grand history.

Important articles for reference :

Wagh Nakh

India’s looted artefacts

Sources:

PRACTICE QUESTION

Q.A large number of antiquities have been smuggled out of Bharat before the ratification of 1970 UNESCO Convention, and which are now housed in various museums, institutions and private collections across the world. What would be the ramifications of Cultural property agreements in the repatriations of Indian antiquaries? Critically discuss. ( 250 words)