US embassy cable - 05PARIS4621

UNCLAS SECTION 01 OF 02 PARIS 004621 
 
SIPDIS 
 
 
FROM USMISSION UNESCO PARIS 
 
E.O. 12958: N/A 
TAGS: CJAN, PREL, SOCI, MOPS, MARR, SCUL, FR, UNESCO, EUN 
SUBJECT:  USUNESCO:  Conferences Focus on Illicit Traffic in 
Cultural Property, Safeguarding Cultural Heritage in Iraq 
and Plans for Babylon 
 
1.  Summary.   The 22-23 Paris UNESCO meetings of the Second 
International Coordination Committee for the Safeguarding of 
Cultural Heritage of Iraq (Second Iraq ICC), Iraqi 
officials, donor country officials and Iraqi specialists 
focused on the fight against illicit traffic in Iraqi 
cultural property, the looting of archaeological sites, and 
the status of Babylon.  They also reviewed progress on 
restoring Iraqi cultural institutions such as the National 
Museum in Baghdad and the National Library and Archives. 
Participants spoke about providing technical expertise in 
conservation and archaeological studies and other training 
opportunities for Iraqis mostly held in venues outside Iraq. 
The importance of raising public awareness inside Iraq about 
the need to protect and preserve the cultural heritage was 
emphasized as was the need for preserving the intangible 
cultural heritage such as traditional music.  Discussions of 
Babylon continued at a 24 June Subcommittee meeting. 
 
A separate June 24 meeting concerned the worldwide illicit 
traffic in cultural property and highlighted the key role of 
the UNESCO national legislation data base, which will 
receive financial support from the State Department ECA 
bureau.  End summary. 
 
Iraq/ Fighting Illicit Trafficking of Cultural Property 
--------------------------------------------- --------------- 
-------------------------------- 
 
2.   A primary recommendation in the report emerging from 
the Second Iraq ICC called upon Iraq's neighbors to 
strengthen anti-smuggling efforts. 
--Particular concern about Iraq's borders with Turkey and 
Iran was expressed during the discussions. 
--Iraqi Minister of Culture Nuri Farhan al-Rawi and Minister 
of State for Tourism and Antiquities Hasim Abdul Hasan Ali 
Al Hashimi thanked the USG's Department of Homeland Security 
for its help in recovering some cultural objects.  Al 
Hashimi also said that USG-provided trucks and 
communications equipment was helping control the problem. 
--The World Monuments Fund, which maintains an endangered 
site list, has declared all of Iraq as endangered - the 
first national designation of a country as endangered. 
 
3.  Other sessions featured descriptions of work in Iraq by 
donor reps, including reps from the U.S., the U.K., Italy, 
Poland, Germany, Jordan,  and Japan and intergovernmental 
organizations, who pointed to progress, but stressed that 
security issues complicated the work. 
--Training programs generally take place outside Iraq, which 
makes the programs more expensive and open to fewer 
participants. 
--Looting of archeological sites is a pressing concern. 
Moreover, increasing numbers of the looters are heavily 
armed and apparently acting in concert. 
 
Babylon 
-------- 
 
4.  During the June 22-23 sessions, which covered all of 
Iraq, Babylon was featured several times.  A British expert, 
John Curtis, summarized his early expert report on the 
damage to Babylon that occurred during the military 
operations there of Polish troops, acting as part of the 
Coalition.  Polish representatives also presented a report. 
 
5.  Chief UNESCO culture official Mounir Bouchenaki and 
Iraqi Minister of State for Tourism and Antiquities Al 
Hashimi countered some lingering resentment concerning what 
happened at Babylon.  Al Hashimi pointed out that the US had 
sent its sons and daughters to help Iraq and that the Iraqi 
State Board for Antiquities and Heritage (SBAH) now has a 
ranking representative in Baghdad's USG-controlled green 
zone. 
 
Babylon/The Way Forward 
--------------------------------- 
 
6.  The Babylon Sub-ICC met 24 June.  It consists primarily 
of Iraqi officials, donor reps and a closely-knit group of 
Iraqi archeologists and other specialists of various 
nationalities. 
 
7.  During informal discussions on the margins of the 
meetings, Iraqi and UNESCO officials indicated their 
approval of the USG-suggested approach, which would involve 
US-based NGOs in the development, with Iraqi experts, of a 
site management plan for Babylon.  The Iraqi officials 
emphasized restoration of Babylon as the crown jewel of Iraq 
serving both as a center for cultural tourism and a research 
center for scholars.  They welcome an initiative for a site 
management plan that provides a way for the future of 
Babylon.  (Note.  A site management plan is also consistent 
with the goal of inscribing Babylon on the World Heritage 
Site list.  End note.) 
 
Law and Conventions Generally Applicable to Illicit 
Trafficking in Cultural Property 
--------------------------------------------- --------------- 
------------------------------------------- 
 
8.  A separate 24 June UNESCO conference reviewed 
international law applicable to illicit trafficking in 
cultural property. 
--Lawsuits under national law often hinged on seemingly 
tangential matters, such as which country's law applied, and 
whether the lawsuit was barred by the lapse of time. 
--International normative instruments produce more uniform 
results, but have holes in coverage. 
--For example, some countries may require an item be listed 
on an official inventory to be protected under a 1970 UNESCO 
Convention concerning illicit trafficking. This means the 
Convention, with respect to the manner in which some 
countries implement it, does not fully protect illegally 
excavated items.  The U.S., however, does have a system in 
place to protect illicitly excavated materials, and 
Switzerland recently implemented a similar system. 
 
--Legal procedures often hinge on ascertaining the specifics 
of the law of the "source" country in which the property 
originated. 
 
--Thus, UNESCO's database of national laws can be invaluable 
in winning court cases.  However, African and other "source" 
country laws are not yet included.  (Note.  The State 
Department ECA bureau contribution to this database focuses 
on translation into English of "source" country laws 
concerning moveable property.  Endnote.) 
 
11.  Comment.  UNESCO's culture sector is on sound footing 
when it engages in these projects, which have the 
overwhelming approval of the international community. 
 
OLIVER