APSARA-Convention Protection Cultural Property

The Convention for the Protection of Cultural Property in the Event of Armed Conflict

The purpose of this Convention is the protection of a range of cultural property, both moveable and immoveable, such as monuments, sites, artefacts, books, buildings and libraries. It is the first international convention which is specifically aimed at the protection of cultural property. According to the Convention, the safeguarding of such property implies that the State concerned will take all necessary protective measures in time of peace. In time of armed conflict, respect of the protected property is an obliga-tion both in the territorial State and in the territory of the enemies.This Convention also foresees a stronger protection for selected monuments and refuges that are intended to shelter moveable cultural property in the event of armed conflict. At the request of the State Parties to the Convention they can be placed under special protection provided that they are situated an adequate distance away from any large industrial or military center. They are listed in the "International Register of Cultural Property under Special Protection." A Protocol to the Convention contains regulations and interdiction of exportation of cultural property in the event of occupation. The Hague Convention provided protection to the Angkorian cultural heritage particularly in the early 1970s before the Siem Reap region was decisively engulfed in the war.

The Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property (Paris, 1970): ratified by Cambodia in 1972.

This Convention, ratified by 82 countries throughout the world, provides an international legal framework for a wide range of actions aiming to protect cultural objects against theft, vandalism and illegal exportation. At the national level, State Parties are engaged to adopt adequate protective legislative and practical measures, such as the reinforcement of security in museums and at archaeological sites, the listing of cultural objects unauthorized for exportation, the registration of the origin of objects offered for sale, or the control of trade in cultural objects. This Convention also facilitates international cooperation in locating, seizing and returning stolen or illegally exported cultural objects. Under the Convention, for example, State Parties must return to the State of origin cultural objects stolen from a museum and registered in an inventory. Several other measures also encourage cooperation in the return of illegally exported cultural objects, in particular those originating from illegal excavations.

The Convention concerning the Protection of the World Cultural and Natural Heritage (World Heritage Convention, Paris 1972): ratified by Cambodia in 1991.

In accordance with the provisions of this convention and of the guidelines for its implementation, Cambodia is required to:

Abide by its commitment to protect the Angkor site which is permanently inscribed on the World Heritage List.
Make every effort and employ every means and resource to ensure the application of legislation for protection of the site and of the selected zones defined as part of the project for the Zoning and Environmental Management Plan (ZEMP).
Define a plan to manage the protected site and its close environs in line with the recommendations of UNESCO and the World Heritage Committee.
Ensure from time to time - if necessary using bilateral, multilateral or international cooperation for that purpose - that the features which led to the inscription of Angkor on the World Heritage List retain their novelty.
Inform the World Heritage Committee whenever necessary of any danger of deterioration on the site.
Ensure constant monitoring, using whatever means and resources are available, of the state of the site and report on this regularly to UNESCO and the World Heritage Committee.

The adoption in June 1995 of a new international convention, the UNIDROIT Convention on the International Return of Stolen or Illegally Exported Cultural Objects will no doubt significantly reinforce Cambodia's capacities to effectively fight against the illicit trade of cultural objects and obtain their restitution in a context of enhanced international cultural cooperation. The convention has however not yet entered into force and is therefore not yet applicable. The UNIDROIT convention will mark the creation of a new international legal framework for the protection of cultural property. It will complement the existing UNESCO Convention of 1970 by extending some of the regulations on return and restitution of cultural objects to cover objects originating from illegal excavations as well as objects not properly recorded in inventories. For Cambodia these measures are of great significance. Signatory to the three major conventions concerning the protection of cultural heritage, and with UNIDROIT on the horizon, Cambodia can now negotiate viably in this domain with its more modernized and powerful near and distant neighbors.