Opening speech by Rafael Benitez, Director of Social Rights, Health and Environment
Ladies and Gentlemen,
It is a great pleasure to be here in Zaragoza and to extend my heartfelt gratitude to the authorities of Aragon for their invaluable support in organising this significant event.
This international seminar has a dual purpose: to promote the Council of Europe Convention on Offences relating to Cultural Property, commonly known as the Nicosia Convention, adopted in 2017, and to provide a platform for the exchange of experiences and good practices. Our ultimate goal is the protection of cultural property.
I am delighted to see that today we have 83 participants, both physically and online, from 25 countries. This robust turnout underscores the importance of addressing offences against cultural property. The multidisciplinary nature of our participants—representatives from legal, cultural, and law-enforcement fields, as well as academia and practitioners—ensures a comprehensive approach to this critical issue.
Crimes against cultural property threaten the preservation, legacy, and sustainability of human culture. They violate the principle of safeguarding our common heritage, as enshrined in the European Cultural Convention of the Council of Europe. Each year, these crimes destroy thousands of artefacts, archaeological sites, and monuments, causing irreparable damage to museums, galleries, public and private collections, and religious buildings. Such losses impoverish humanity as a whole.
The rise in offences against cultural property is alarming. These transnational crimes, driven by high profits and low impunity, have attracted the attention of organised crime groups. The destruction, damage, theft, and illicit trafficking of cultural property not only endanger cultural heritage but also serve as a lucrative business for transnational criminal networks. On a small scale, trafficking in antiquities may seem minor; on a larger scale, it can be devastating. Recent evidence, including UN Security Council Resolution 2199/2015, suggests that the illicit art trade may finance terrorism.
Given the transnational nature of these illicit activities, a transnational response is necessary. However, our legal framework is only as strong as its weakest link. The lack of a comprehensive international legal regime allows black-market actors to exploit regulatory loopholes, enabling them to buy and sell cultural goods with little accountability.
To combat these phenomena, protect cultural property, and strengthen crime prevention, we must criminalise activities that perpetuate cultural heritage offences and promote national and international cooperation. This is the aim of the Nicosia Convention, which facilitates cooperation among states to preserve cultural heritage for present and future generations.
For 75 years, the Council of Europe has championed human rights, democracy, and the rule of law for its 46 member states and beyond. Recognising the need for robust standards, the CoE reviewed its legal frameworks on cultural property and identified significant gaps. The Nicosia Convention addresses these gaps by establishing common standards to meet our shared objectives, including tackling transnational organised crime and terrorism.
The Nicosia Convention has garnered six parties and seven signatories. Latvia's accession to the Nicosia Convention was crucial for its entry into force on 1 April 2022 and among the Parties we count countries like Cyprus, Greece, Hungary and Italy which have extraordinary cultural heritage. All have seen the concrete responses the Convention brings about. The convention is open for signature by any country in the world. Notably, Mexico, represented here today, was the first non-CoE country to ratify the Convention in 2018. We hope this event will encourage more countries to join.
Despite its many advantages, I will highlight four major reasons to join the Nicosia Convention:
- Legal Basis for Prosecution: The Convention provides clear and precise criminal law provisions, enabling effective implementation by all States Parties. It covers key behaviours that allow law enforcement to combat cultural property crimes, including theft, unlawful excavation, and illicit trafficking.
- Harmonisation: The Convention prescribes common and legally binding definitions for cultural property and related offences, facilitating the harmonisation of national legislation and international prosecution.
- Complementarity: The Nicosia Convention complements efforts by UNESCO and UNIDROIT, supporting principles from the 1970 UNESCO Convention and objectives of the 1995 UNIDROIT Convention.
- National and International Cooperation: The Convention fosters cooperation among public and private actors, encouraging international coordination to combat illicit trafficking and protect cultural property.
In conclusion, the deliberate destruction of cultural property is a serious crime. An effective response requires a multifaceted and multidisciplinary approach, which is why we are here today. By joining our efforts and thinking collaboratively, we can tackle this challenge together.
I am confident that this event will promote the Nicosia Convention and make a meaningful difference. I wish you all a successful conference and extend my thanks to everyone involved in its organisation. Thank you for your attention.