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Recommendation 2139 (2018)
Deliberate destruction and illegal trafficking of cultural heritage
1. The Parliamentary Assembly, referring
to its Resolution 2234
(2018) on the deliberate destruction and illegal trafficking
of cultural heritage, recalls that cultural heritage in all its
forms constitutes a unique and important testimony to the history
and identity of different peoples and is a common asset that should
be preserved in all circumstances.
2. The Assembly is deeply concerned that cultural heritage is
targeted with alarming frequency in both peacetime and wartime.
It welcomes the new Council of Europe Convention on Offences relating
to Cultural Property (CETS No. 221) and urges its wide ratification
and implementation.
3. Accordingly, the Assembly recommends that the Committee of
Ministers instruct the relevant bodies of the Council of Europe
to:
3.1. raise public awareness
and produce a general publication to accompany the convention, encouraging
ratification and implementation by alerting audiences to key problems
and highlighting the ethical and legal issues which are vital to
the acceptance of the convention and its implementation;
3.2. organise regional and national conferences on harmonising
criminal law with a view to facilitating a discussion among member
States on the implications of ratifying and implementing the convention
in both legislative and policy terms;
3.3. if required, provide necessary technical assistance and
guidance to member States seeking to ratify the convention, for
instance by making available a “standard model law” to help States
adapt their legislation;
3.4. work closely with member States in order to address the
transnational aspects of illicit trafficking in cultural property
in a more efficient manner by strengthening international co-operation
in criminal matters and, where necessary, establishing joint investigative
teams composed of experts from law-enforcement agencies, judiciary
and customs authorities, as well as experts in cultural heritage;
3.5. in co-operation with the United Nations Educational, Scientific
and Cultural Organization (UNESCO), the European Union and Interpol:
3.5.1. undertake a feasibility study to explore the possibilities
of creating and funding a European observatory, as a permanent platform
to systematically monitor and co-ordinate efforts to fight cultural
property crimes; this could be envisaged in the format of an enlarged
partial agreement;
3.5.2. promote the ratification of the convention by non-member
States.