Position Paper Haiti

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Official Position Paper

United Nations Educational, Scientific, Cultural Organization

Present: Adrian Tandee Villa Baca

Official Name: Republic of Haiti

Type of government: Semi-presidential

republic under a state of exception

Capital: Port-au-prince

Topic: Illicit trafficking in cultural heritage

1. Illicit trafficking in cultural heritage.

It is called "cultural heritage" to all sets of social practices, tangible, and intangible assets,
as well as natural areas of a given society. It is the invaluable legacy of the ancestors of a
certain place on the globe, which is an extremely important tool for the understanding of
one or several cultures in the current era.

According to UNESCO, “Illicit trafficking of cultural heritage is understood as the


misappropriation, theft, and reception, as well as the illegal import and export of heritage
assets, which contravene the law and cause irreparable damage to memory and memory.
legacy of a country.”. (UNESCO, 2010)

The Haitian state shares concerns about the threats posed by these criminal acts to the
cultural and collective memory of, not only the countries involved but also the entire
international community.

Similarly, the Republic of Haiti considers that the reports of past assemblies as well as the
official documents issued after these, such as Resolution 38 of the 32nd General
Conference of UNESCO, which mentions the importance and value of heritage culture has
in a certain
culture for the education of future generations or the 1970 UNESCO convention of which
the Haitian State is apart as an intermittent member, are fundamental tools for the
immediate solution of the topic to be dealt with in the assembly since they impose a real
precedent with practical solutions in the member states, ratified for the last time in 2010,
although the country criticizes the approach and the position taken by some states on the
issue.

Unfortunately, since the colonization of America in 1492, the powers that arrived on the
island formerly known as “La Hispaniola”, there has been a series of attacks on the
country's historical past, attacks the daily life of the Arahuaco people, the Taino Indians,
and the Caribs., as well as the culture of the place. In later years, the territory suffered
piracy by buccaneers and filibusters, as well as an intervention by the French Republic
progressively taking over the cultural history of the country.

Being participants and main affected throughout history in the illicit trafficking of cultural
heritage and understanding that knowledge of history is necessary for the formation of
future generations and understanding the richness of Haitian culture, the state proposes the
following measures:

​ • As an internal measure, which is proposed to all the states present at the next
assembly, the fight against illicit trafficking of cultural heritage property is decreed
as a state policy, creating a national Commission and the national technical
committee to fight against trafficking. illicit cultural property” so that it is a
guarantee to know and preserve the historical memory and identity of the Haitian
culture.
​ • Considering that it is urgently necessary to strengthen activities to combat the
illicit trafficking of cultural property at the national and international level, The
Republic of Haiti invites States that are not yet party to the 1970 Convention to
adhere to it, as well as the 1995 UNIDROIT Agreement. Which establish
resolutions such as:
o "The possessor of a stolen cultural property must return it”.
o The possibility of compensation paid to the owner of the stolen object is
established, who was careful to avoid the acquisition of stolen cultural
property; criteria for the establishment of the diligence are the circumstances
of the acquisition, the character of the parties involved, the price paid,
consultation of a register of stolen cultural property.
o An illicitly exported cultural property must be returned if the object is of
great cultural importance to the requesting State.
o Establishes the possibility of compensation paid to the owner of the illegally
exported object, where care was taken to avoid the acquisition of illegally
exported cultural property: criteria to establish diligence include
circumstances of the acquisition and the absence of an export certificate
required by the requesting State legislation

​ Through the Ministry of Culture and Heritage, require authorization of assets


belonging to the national heritage to leave the territory and thus form a network to
locate the whereabouts of assets.

BIBLIOGRAPHY

Asamblea General de las Naciones Unidas. (2018, 13 diciembre). Resolución aprobada por

la Asamblea General el 13 de diciembre de 2018 [Asamblea General]. Devolución

o restitución de bienes culturales a sus países de origen, ONU Headquarters,

Estados Unidos. https://undocs.org/pdf?symbol=es/A/RES/73/130

Chebassier, E. (2010, 31 agosto). Actions to Combating Trafficking in Cultural Property

[Video]. UNESCO Multimedia Archives.

https://www.unesco.org/archives/multimedia/document-1624

Heritage for peace. (s. f.). Convenio de UNIDROIT sobre los Bienes Robados o Exportados

Ilícitamente Culturales | Patrimonio por la paz. Recuperado 4 de septiembre de

2021, de http://www.heritageforpeace.org/heritage-for-peace/legal-

framework/unidroit-convention-on-stolen-or-illegally-exported-cultural-

objects/?lang=es
Observatory Illicit Trafficking. (s. f.). On illicit traffic. Recuperado 4 de septiembre de

2021, de https://www.obs-traffic.museum/illicit-traffic-0

Organización de las Naciones Unidas para la Educación, la Ciencia y la Cultura. (2003,

29 septiembre). Informes Periódicos - 2015 | Organización de las Naciones

Unidas para la Educación, la Ciencia y la Cultura. UNESCO - Biblioteca Digital.

http://www.unesco.org/new/es/culture/themes/illicit-trafficking-of-cultural-

property/1970-convention/periodic-reporting/2015-national-reports/

Organización de las Naciones Unidas para la Educación, la Ciencia y la Cultura. (2021, 3

junio). Día Internacional contra el Tráfico Ilícito de Bienes Culturales. UNESCO.

https://es.unesco.org/commemorations/diatraficoilicito

UNIDROIT. (2021, 5 marzo). UNIDROIT - Cultural Property - 1995 Convention.

https://www.unidroit.org/instruments/cultural-property/1995-convention

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