Return and Restitution Cases
Cases of return and restitution under the aegis of the 1970 Convention
The 1970 UNESCO Convention and the national laws transposing it are useful for the national authorities of States Parties wishing to return one or more cultural objects to another country.
Cases of return and restitution under the aegis of ICPRCP
The Intergovernmental Committee on Return and Restitution (ICPRCP) seeks ways and means of facilitating bilateral negotiations, promoting multilateral and bilateral cooperation for the restitution and return of cultural property, encouraging public information campaigns on this issue, and promoting exchanges of cultural property.
This intergovernmental body has an advisory role and its recommendations concern disputes between States, but are not legally binding.
Other cases of return and restitution
In some cases, the 1970 Convention does not formally apply: either the States concerned by the cases of return or restitution have not ratified it, or one of the conditions for its application is not fulfilled (such as non-retroactivity). Other solutions are then sought so that the parties concerned can reach a mutually acceptable agreement. Even if they do not reflect a strict application of the provisions of the Convention, these solutions are often adopted in accordance with the spirit and principles of the Convention.
Modalities of requesting return or restitution
A request for return or restitution emanating from a UNESCO Member State or Observer can be made for cultural objects of fundamental significance for the State which was lost due to an illicit appropriation.
Procedure
- Prior to bringing a case before the Intergovernmental Committee, the requesting State must initiate bilateral negotiations with the State in which the requested object is located. Only when such negotiations have failed or have been suspended, can the case be brought before the Committee.
- In 1981, a Standard Form Concerning Requests for Return or Restitution was devised by the Intergovernmental Committee, to be completed by both of the concerned parties .
- A request for return or restitution has to be submitted at least six months before the next session of the Intergovernmental Committee in order for it to be considered.