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1

Zagadnienia walki z nielegalnym eksportem i importem dóbr kultury na forum UNESCO

100%

Sieroszewski W.

Ochrona Zabytków

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1970

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issue 3

157-160

EN

The author reports on a Session of the Government Experts Committee which was held on April 13—24, 1970 in Paris to work out a draft of convention on means of prohibiting and preventing the illic it import, export and transfer of ownership of cultural property. At the Committee’s sessions representatives of 60 countries were present, among them those of Poland. 109 amendments have been submitted to the draft which finally was adopted by 45 votes against 2 abstentions. The draft has to be submitted to the UNESCO General Meeting to be voted once again at its XVI Annual Session this autumn. The above draft generally lists the categories to which cultural properties may be classified, however, it leaves to member countries the question of decisions a s to detailed classification o f cultural property in accordance with the local laws in force. The draft suggests that the individual countries ought call into being their own organizations fo deal with preservation of cultural property (where they have still not been created) at the same time recommending to provide such organizations with the suitable financial means enabling them to fu lfill the tasks put before them. It also proposes an introducing of universally respected export certificates without of which no cultural property could be exported or imported by the country interested. The draft puts on the member countries an obligation to issue the acts that w ill prohibit their museums and similar cultural institutions to purchase cultural properties coming from thefts in museums or other state owned buildings as well as to provide the sanctions for violating this prohibitory measure. It has been clearly stated in the draft that any exports of cultural property as a direct or intermediate result of occupation of the country’s territory by a foreign power should be considered untolerable. The draft provides the participation o f UNESCO in accomplishing o f tasks set by convention and in particular of those in the field o f education and information, consultations and expert examinations, as well as in coo rd in a tion and „goodwill se rv ic e s”. Though too much general and in some respects not precise enough a s to its character, which the faults may potentially lead to difficulties to apply the convention in practice, the draft as compared with the 1954 recommendations represents an important step towards the improvement of international relations in the field of imports and exports of cultural property.

2

Nowe inicjatywy UNESCO w dziedzinie ochrony dóbr kultury

100%

Sieroszewski W.

Ochrona Zabytków

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1971

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issue 1

3-8

EN

III his article the author discusses the proposal submitted by the Director General of UNESCO at the last XiVI Session of General Meeting with the aim to regulate at an international level the problems connected with protection of cultural property having all-human importance. The proposal under discussion was based on a report worked out by a staff of experts stating that there exists a certain category of monuments, assemblies and historical sites for whose protection (in view of their immense value for the mankind and financial burdens of preservation) should be made responsible not only the countries where the above properties are located, but the international community as well. It seems, therefore, to be highly desirable that a convention be signed enabling to establish an international organization ready to save this cultural property in cases of sudden dangers. It has also been suggested that the intended new organization should act within the UNESCO, nevertheless, it should be provided with its own executive body and an Advisory Council composed of representatives of non-governmental international organizations like ICOM, ICOMOS, the Research Centre, Rome and s.o., and besides of a certain number of personally invited specialists. This new organization should, of course, be provided with adequate funds. All the help needed for endangered cultural property would be allocated on a basis of proposal submitted by a country concerned but the allocations should be made cl ©pending upon a considerable share of country wishing to save her national heritage. It is foreseen that the draft of the said convention after discussion and its adopting by a Committee of Experts will be ready to be passed at the XIVIII Session of General Meeting to be held in October- -November, 1972.

3

Czy ustawa o ochronie dóbr kultury i o muzeach dojrzała do nowelizacji : artykuł dyskusyjny

100%

Sieroszewski W.

Ochrona Zabytków

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1971

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issue 3

163-172

EN

Analysing the Act of February 15, 1962 covering the problems of cultural property protection and museums in view of experiences gathered during nine years elapsed from the date of its coming into force the author expresses an opinion that, considering the problem from a general viewpoint, though it has satisfactorily wiithstood the test of practical application and considerably contributed to stabilization and to making the protection of cultural property in this country more efficient some of its detailed provisions, no doubt, require corrections and amendments. Remarks made by the author to particular articles of the Act in question are listed below. Above all the article 4 seems to him to be inconsistent and even conflicting with some others elsewhere in the text (e.g. articles 18 and 4*1). He also advances c ritical opinions as to the definition of „an evident historical monument” considering it as being not precise enough and thus causing misunderstandings and controversial interpretations. Furthermore, commenting the article 6 concerning the „monuments of history”, the author suggests the abolition of their compulsory inscription in the International Register of Cultural Property under Special Care in accordance with provisions of the Hague Convention of 1954 since the stipulations accompanying this particular provision practically make it impossible ,at all to declare a monument as „a monument of history”. The author also suggests the need to define more precisely in the Act itself or in regulations issued on its basis by the Minister of Culture and Art the responsibilities of historical monument conservators at the district and town levels (article 8) and, in addition, to include to th e Act provisions with respect to voivodship offices of historical monument documentation which, although already put into being, have not up to now been provided with ,an unquestionably legal basis for the ir activities (proposed article 8 a). It also seems to the author to be necessary to call a new advisory body assisting the Minister of Culture and Art able to replace the freshly abolished Council of Culture and Art (article 10). To protect the sites of archaeological interest the author proposes to include them provisionally to the Register of Historical Monuments. On completion of excavations and examination of cultural s tra ta and with the relics found transferred to a respective museum such a reg istration should automatically be cancelled (article 1/6). Other proposals regard the augmenting the au th o rities of conservators to enable them to make examinations of alleged cultural property at any place it can be found which th e procedure has been made difficult according to existing provisions requiring from conservator to agree previously this examination with the owner of cu ltu ral property (article 18). At the isame time, however, th e author declares himself for confining the number of cases and reducing the time of temporary requisition of cultural property endangered by destruction, damage or illicit exportation. This temporary requisition could, for instance, last three years and a fte r th a t period the cultural property should be alienated or returned to its owner or user (article 37). With regard to collections (article 55 and the next ones) the author proposes to reserve to the Minister of Culture and Art the right tp define precisely what requirements should be fulfilled by a collection th a t it could be considered as one in accordance with provisions of the Act, and also how it can be augmented and managed by the owner. In addition to 'the above, the author puts forward a number of proposals aimed a t harmonizing the Act’s provisions with Other acts published a fte r its coming into force and particularly with an uniform te x t of th e Building Repair and Reconstruction Act in its version from il968 (article 32), the Code of Civil Laws from 1964: (article 24) and the Code of Criminal Laws from 1969 (articles 73—> 79) and also at enabling to adapt to provisions of the Convention of 1969 referring to measures that should be undertaken to prevent the illicite imports, exports and tran sfe rs of cultural property (new articles 76 a, b, and c).

4

Międzynarodowe spotkanie w sprawie ochrony i rewindykacji dzieł sztuki

100%

Sieroszewski W.

Ochrona Zabytków

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1972

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issue 2

121-124

5

Konwencja Haska z 1954 r. a konflikt na Bliskim Wschodzie

100%

Sieroszewski W.

Ochrona Zabytków

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1973

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issue 3

170-175

EN

The first practical application of the Hague Convention of 1954 during hostilities in the Middle East is analysed by the author who at the same time reminds that there were no possibilities for intervention by UNESCO for the sake of cultural property protection during the earlier armed conflicts as the Vietnam War or the Suez conflict of 1958. At the end of 1967 and in the beginnings of 1968 on initiative of Director General of UNESCO and in agreement with the parties interested the Commissioner Generals have been appointed to the Government of Israel and to Governments of the four Arab countries, i.e. Egypt, the Kingdom of Jordan, Syria and Lebanon. At the same time during six years of hostilities the Executive Council and the Conference General of UNESCO were several times dealing with claims submitted by Jordan and the other countries with respect to behaviour of authorities of Israel with regard to cultural property in territories under occupation. The above claims concerned the illegal demolitions, archaeological excavations, transfers of historic monuments and the like Both Executive Council and Conference General during these years took several resolution’s disapproving the measures taken by Israel and demanding the cease of such practice which unfortunately have proved unsuccessful. More successful proved to be activities of Commissioner Generals in their respective places of action. Due to their e ffective work and authority they gained as a result of their activities it was possible to settle or at least to clear a number of disputable cases and to incline the occupational authorities to resign of some measures intended for changing the character and townscape of Jerusalem. From among such cases should, above all, be mentioned here that of the so-called Dead Sea Scrolls which originally were transferred from the Rockefeller Museum to the Museum of Israel and later, after conservation, have been almost completely returned. In quite similar way was settled the case of an altar taken from Banyas, Syria that after some time has been sent back to its proper place. Much effort was devoted to clear the matter of a fire of a widely known Al-Aksa mosque which, as has been later stated, was burnt out not as a result of intended setting on fire but as a result of failure of electrical installation. The above mosque is now rebuilt by WAKF, a Moslem Religious Foundation acting in agreement with the Corporation of Jerusalem. Less successful proved the endeavours aimed at inclining the Israel archaeologists to resign of excavations in the area of Jerusalem’s Old Town and of demolition of some objects in the same area which might lead to disturbances in the traditional landscape of the Old Town Quarter. Summing up his considerations the author comes to a conclusion that the Hague Convention, though not entirely free of certain lacks and obscurities and unable to ensure the full protection to cultural property during the hostilities, can palliate some their results that as a final result may be of importance both for cultural heritage of countries involved in a war conflict and the whole mankind as well.

6

Działalność UNESCO w dziedzinie ochrony dóbr kultury

63%

Ptaśnik M., Sieroszewski W.

Ochrona Zabytków

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1969

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issue 4

249-256

FR

L ’UNESCO ex e rc e son a c tiv ité dans le domaine de la p ro te c tio n des b ien s c u ltu re ls sous fo rm e d ’une n o rm a lis a tio n des p ro b lème s ju rid iq u e s su r l ’a rè n e in te r n a tio n a le , de l ’o rg an isa tio n de la s au v e g a rd e im m é d ia te des m o n um en ts h is to riq u e s menac és, d ’un e coo rd in a tio n des ré a lis a tio n s s c ie n tifiq u e s e t te ch n iq u e s de la co n s e rv a tio n e t de la re s ta u ra tio n . La „Conventio n in te rn a tio n a le su r la p ro te c tio n d e s b ie n s c u ltu re ls en cas d ’u n co n flit a rm é ” a d ap té e en 1954, c o n s titu e le d o cum en t fo n d am e n ta l ju r id iq u e d ans ce d omaine. Elle a p o u r b u t, en cas d ’u n co n flit armé, d e m e ttr e à l ’a b ri les m o n um e n ts de la c u ltu re de fa ço n q u ’ils ne p u is sen t s e rv ir d ’o b je c tifs d ’o p é ra tio n s de g u e rre . D’a u tr e s o rd o n n an c e s ju rid iq u e s p u b lié e s p a r l ’UlNESOO, non encore comp rises d ans la Conv e n tio n , so n t p u b lié e s sous fo rm e d e re com m an d a tio n s, e lle s c o n c e rn e n t l ’in te rd ic tio n de l ’e x p o rta tio n illic ite des o eu v re s d ’a r t de leu rs pays re sp e c tifs e t la po ssib ilité de le u r échange légal, a in si q u e la p ro te c tio n des m o n um en ts h is to riq u e s men a c é s p a r la cons tru c tio n de n o u v e a u x o b je c tifs in d u s trie ls ou p a r la ré u rb a n is a tio n . O u tre l ’a c tiv ité ju rid iq u e , l ’in té rê t q u e l ’UNESCO ■porte au x p ro b lèm e s de la p ro te c tio n des m o n um en ts h is to riq u e s se m a n ife s te dans l ’o rg an is a tio n d’une a id e p o u r les p ay s, d o n t les en sembles de m o n um en ts, p a r su ite de cata clysme, ont é té d é tru its . In s titu é sous le p a tro n ag e de l ’UNESCO à Rome, le C e n tre In te rn a tio n a l d ’E tu d e s p o u r la C o n se rv a tio n e t la R e s ta u ra tio n des Biens C u ltu re ls e s t ch a rg é de la d o c um en ta tio n des re ch e rch e s s u r les p ro b lèm e s sc ie n tifiq u e s e t te ch n iq u e s liés à la c o n se rv a tio n et la re c o n s tru c tio n . L e C e n tre v e ille à la co o rd in a tio n e t donne l ’essor a u x tr a v a u x de ce g en re , e t l ’ICOMQS, c réé en 1965, te n d au re n fo rc em e n t de la coopéra tio n e n tre les sp é c ia liste s de d iv e rs p ays. Bien que de n omb reu se s ré a lis a tio n s a ie n t é té accomp lie s dans le d omaine de la p ro te c tio n des m o n um en ts h is to riq u e s, il c o n v ie n d ra it, d ans u n e p lu s la rg e m e su re , de d év e lo p p e r la fo rm a tio n de sp é c ia liste s -c o n - s e rv a te u rs e t r e s ta u r a te u r s a in si qu e le u r co lla b o ra tio n in te rn a tio n a le en ce q u i concerne la p ra tiq u e d ire c te de la co n se rv a tio n .

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6 Ochrona Zabytków

6 Sieroszewski W.

1 Ptaśnik M.

1 1973

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Zagadnienia walki z nielegalnym eksportem i importem dóbr kultury na forum UNESCO

Nowe inicjatywy UNESCO w dziedzinie ochrony dóbr kultury

Czy ustawa o ochronie dóbr kultury i o muzeach dojrzała do nowelizacji : artykuł dyskusyjny

Międzynarodowe spotkanie w sprawie ochrony i rewindykacji dzieł sztuki

Konwencja Haska z 1954 r. a konflikt na Bliskim Wschodzie

Działalność UNESCO w dziedzinie ochrony dóbr kultury