India-US Cultural Property Agreement

A cultural property agreement, often known as a Cultural Property Protection Agreement, is a formal accord between countries aimed at protecting cultural heritage from looting, illicit trafficking, and destruction. These agreements are critical in preserving artefacts, art, and heritage sites that hold historical, cultural, and archaeological significance. Read here to learn more.

The Government of India and the Government of the United States of America signed the first ever ‘Cultural Property Agreement’.

It aims to prevent and curb the illicit trafficking of antiquities from India to the USA, today, the 26th of July 2024 on the sidelines of the 46th World Heritage Committee, at Bharat Mandapam, New Delhi.

India-US Cultural Property Agreement

The Cultural Property Agreement (CPA) 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 state parties.

• 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 the 1970 UNESCO Convention, and they are now housed in various museums, institutions and private collections across the world.

The Cultural Property agreement signed between India and the United States of America today is a culmination of year-long bilateral discussions and negotiations held on the sidelines of the G20 Culture Working Group Meetings.

• In 2022, the Government of India and the Government of the United States of America came on one stage to explore the possibility of strengthening bi-lateral ties under Article 9 of the 1970 UNESCO Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property.
• The groundbreaking endorsement of “culture as a standalone goal” in the post 2030 development framework in New Delhi’s Leaders’ Declaration (NDLD), marked a paradigm shift in the global development strategy.
• During the Indian Prime Minister’s 2023 visit to the US, as many as 262 antiquities were handed over to India by the USA.

About the agreement

• The CPA restricts the importation into the United States of certain archaeological materials 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 the quick seizure of Indian antiquities at US Customs and their repatriation back to India.
• It is to be noted that the USA has already executed agreements 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’s efforts in preserving cultural property

The preservation and protection of Indian artefacts and cultural heritage have emerged as an integral component of India’s foreign policy over the last decade.

• The Government of India has been committed towards this issue and has adopted a proactive approach towards bringing back Indian artefacts from various parts of the world.
• India has repatriated 358 antiquities since 1976, out of these 345 have been retrieved since 2014.

Under India’s G20 Presidency, the ‘Protection and Promotion of Cultural Property’ emerged as one of the main topical priorities reflecting the core concerns of the Culture Sector globally, particularly those of the Global South.

• 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 bolster 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.

Key Aspects of Cultural Property Agreements

• Legal Framework:
  • UNESCO Conventions: The 1970 UNESCO Convention on the Means of Prohibiting and Preventing the Illicit Import, Export, and Transfer of Ownership of Cultural Property is a foundational framework. It obligates signatory states to take measures to prevent the illicit trade of cultural property and to return stolen artefacts.
  • Bilateral Agreements: Countries often enter into bilateral agreements to cooperate in the protection and return of cultural property. For instance, the United States has such agreements with several countries, including Italy, Greece, and Peru.
• Customs and Border Control: Agreements often include provisions for enhanced customs and border control measures to prevent the illegal export and import of cultural property.
• Return and Restitution: They establish protocols for the restitution of cultural property that has been illegally exported. This includes mechanisms for identifying and returning stolen artefacts to their country of origin.
• Public Awareness and Education: These agreements emphasize the importance of raising public awareness about the significance of cultural heritage and the consequences of its illicit trade.
• Collaboration and Information Sharing: Countries agree to share information and collaborate on investigations related to cultural property crimes. This includes sharing databases of stolen artefacts and best practices for heritage protection.

Examples of Cultural Property Agreements

• United States and Italy: The US-Italy bilateral agreement, first signed in 2001 and renewed multiple times, focuses on preventing the illicit trafficking of archaeological and ethnological materials. It has led to the return of several significant artefacts to Italy.
• United States and Greece: This agreement, renewed in 2021, includes provisions for the protection of Greek cultural heritage and the return of looted artefacts. It covers materials dating from the Neolithic period to the 15th century.
• UNESCO and Individual Countries: Many countries, including Mexico and Egypt, have agreements under the 1970 UNESCO Convention to facilitate the return of stolen cultural property and prevent future looting.

Criticisms

• Enforcement: Despite these agreements, enforcing the laws and protocols can be challenging, especially in conflict zones or countries with limited resources.
• Market Demand: The high demand for antiquities and artifacts in the global art market continues to drive illicit trade, complicating efforts to protect cultural property.
• Restitution Delays: The process of returning stolen artifacts can be slow and bureaucratically complex, sometimes taking years or even decades.

Conclusion

Cultural property agreements play a vital role in safeguarding cultural heritage. They require international cooperation, effective enforcement, and public awareness to be truly effective. These agreements not only protect historical artefacts but also preserve the cultural identity and history of nations.

This historic milestone of the ‘Culture goal’ underscores the impact of culture on social inclusion and economic growth, galvanizing global action to nurture creativity and intercultural dialogue, empowering marginalized communities, safeguarding vulnerable heritage and fostering resilient and inclusive societies.

The subject of repatriation is not merely a moral imperative but also a practical investment in cultural diplomacy and sustainable development.

By returning artefacts to their countries of origin, we nurture cultural stewardship, promote tourism, and stimulate economic growth within local communities.

This process empowers nations to leverage their cultural assets for educational enrichment, social cohesion, and economic empowerment, thereby fostering inclusive and sustainable development pathways.

Frequently Asked Questions (FAQs)

Q. What is meant by cultural property?

Ans: Cultural property means property that, on religious or secular grounds, is specifically designated by each State as being of importance for archaeology, prehistory, history, literature, art or science. Common types of cultural property include archaeological artefacts, rare manuscripts, and objects used in ceremonies.

Related articles:

• UNESCO’s intangible heritage
• UNESCO World Heritage Sites in India
• Cultural tourism in India
• India’s soft power and cultural diplomacy

-Article by Swathi Satish