A/34/PV.51 General Assembly

The positions of delegations regarding the recommendations of the Fifth Committee on the items concerned have been made clear in the Committee and are reflected in the relevant official records. 4. I understand that there is need for further consulta- tions on the recommendation contained in paragraph 12 of the report of the Fifth Committee [A/34/625] on agenda items 102 and 12 concerning the pattern ofcon- ferences and the report of the Economic and Social Council. Therefore that will be taken up again at a date to be announced. 5. We now turn to the draft decision recommended by the Fifth Committee in paragraph 13 of the above report. That draft decision was adopted in the Commit- tee without a vote. May I consider that the General Assembly wishes to do the same?

We now turn to part I of the report of the Fifth Committee on agenda item 107 (b) [A/34/630]. 7. I shall now call on those representatives who wish to explain their vote before the vote.

Regarding the financing of UNIFIL, the Chinese delegation, on the basis of the consistent posi- tion of my Government on this question, will not par- ticipate in the vote on the draft resolution contained in document A/34/630, nor will we assume any financial obligation thereunder.

Democratic Yemen has already on 10. The aggressive policy of the Zionist enemy, represents a constant and repetitious violation of the ob- jectives and principles of the United Nations Charter, as well as of the numerous resolutions adopted by the Organization. The aggressor and those that support it in its expansionist and aggressive plans are thus responsi- ble for the consequences of such policies and my delega- tion will therefore abstain in the forthcoming vote on the draft resolution contained in document A/34/630. We do not intend to participate in the financing of this Force. II. Mr. RIZO (Albania): In conformity and consistent with the well-known position of principle of the People's Socialist Republic of Albania with regard to the setting up and financing of United Nations forces, the Albanian delegation wishes to reiterate that it was always opposed to the creation of UNIFIL and that it continues to hold to that view. . 12. The People's Socialist Republic of Albania will in no way take part, therefore, in the financing of this Force. In the light of these considerations, the Albanian delegation voted against the draft resolution in docu- ment A/C.S/34/L.12 when it was presented to the Fifth Committee, and we shall again vote against the draft resolution contained in document A/34/630 now before the General Assembly.

Our delegation will vote against the draft resolution in document A/34/630. We do not intend to participate in the financing of UNIFIL because we feel that the costs should be defrayed by the aggressor, in this case Israel, which has been the direct cause of the presence of that United Nations Force through its refusal to withdraw from Lebanese territory. 14. We also feel that it is neither just nor logical for such costs to be borne by all the States Members of the United Nations, for the situation is created by the obstinacy of Israel, which continues to flout the relevant resolutions of the United Nations and refuses to withdraw from the occupied Arab territories. We shall accordingly vote against the draft resolution.

My delegation will vote against the draft resolution in document A/34/630 for the reasons that we have already expressed in the Fifth Committee. I

We shall now vote on the draft resolution recommended by the Fifth Committee and entitled "Financing of the United Nations Interim Force in Lebanon", which appears in paragraph 6 of its report (A/34/630). Notification by the Secretary-General under Article 12, paragraph 2 of the Chnrter of the Uni~ed Na- tions

May I take it that the General Assembly wishes to take note of the notification con- tained in document A/34/476'!

The item before us now is not a new one for this Assembly. UNESCO has studied and is continuing to study this matter, and the General Assembly has had this item before it since 1972. 19. At its eighteenth session, the UNESCO General Conference, in resolution 3.428,3 invited the Director- General " ... to contribute towards this work of restitu- tion by defining in general terms the most suitable methods, including exchanges on the basis of long- term loans, and by promoting bilateral arrangements to that end". That same resolution also drew attention to the need to take action against the illicit import, export and transfer of ownership of cultural property. 20. A Special Committee of Governmental Experts met in Paris from 8 to 16 March 1976 to draft recom- mendations to States relating to this problem of ex- changes. The Committee's recommendations were sub- mitted in its report to the nineteenth session of the General Conference of UNESCO which met in Nairobi from 26 October to 30 November 1976.4 21. On the other hand, the Convention on the means of prohibiting and preventing the illicit import, export and transfer of ownership of cultural property, which was adopted on 14 November 1970,S has been the sub- ject of the utmost attention, particularly to prevent any danger of theft or illicit traffic involving cultural pro- perty. 22. Another Committee of Experts, which was also in- tended to follow up resolution 3.428, met at Venice from 29 March to 2 April 1976 to consider all the technical and legal problems that arise in respect to the restitution of works of art and to define the most ap- propriate ways and means of helping to ensure the 2 For resolutions 34/9 B, C, D and E, see l06th meeting, paras. 30-33. 3 See United Nations Educational.Scientific and Cultural Organiza- tion, Records of the General Conference, Eighteenth Session, vol. I, Resolutions. 4 UNESCOdocument 19CIlS, annex II. S See United NationsEducationa J. Scientific and Cultural Organiza- tion, Records of the General Conference, Sixteenth Session, vol. I, Resolutions, pp. 13S-141. 24. At its nineteenth General Conference, UNESCO adopted resolution 4.128, pursuant to which the Director-General took action, on the one hand, to alert the general public and specialists to the situation; on the other hand, he endeavoured to define the principles that might be used as a basis for the restitution or return of cultural property, as well as the mandate, the means of action and the working methods of an intergovern- mental committee. 25. Regrettably, the media have not always helped to make UNESCO's work in this area well known. Indeed, they have even been responsible for all kinds of misunderstandings. This is why the Director-General of UNESCO found it advisable to send a message to ICOM, which was holding its twelfth General Assembly in May 1977in Moscow, to ensure that museums should " ... help countries which had no collections representative of their cultural heritage to build up such collections and to facilitate any bilateral negotiations which their Governments might under- take in that connexion" [A134/529 and Corr.l, an- nex, para. 4]. 26. Moreover, on 7 June 1978, the Director-General launched an appeal designed to alert Governments, pro- fessional circles and the general public to the impor- tance of the return of objects that have particular significance from the point of view of the spiritual and cultural heritage of the people concerned. 27. Along these lines, articles were published in the magazines Museum and UNESCO Courier and a round- table for journalists was held at Palermo, Italy from 2 to 4 October 1978. A seminar for journalists and museum curators is to be held next year, also devoted to the question of disseminating this matter to the public. 28. Following various initiatives taken pursuant to resolution 4.128, the Director-General of UNESCO, after entrusting ICOM with the task of preparing technical reports on the various aspects of the protec- tion and conservation of cultural property when return- ed or restituted to the countries of origin, convened at Dakar, from 20 to 23 March 1978, a Committee of 13 Experts to study the role and means of action of an in- tergovernmental committee that would be entrusted with the task of seeking ways and means of facilitating 29.' Working on the basis of a study prepared by ICOM at the request of UNESCO, the experts drew up draft statutes for the proposed IntergovemmentalCom- mittee. At its twentieth session, the UNESCO General Conference, by resolution 4/7.6/5 6, decided to establish this Intergovernmental Committee to promote the return of cultural property to its countries of origin, or its restitution in case of illicit appropriation. The Com- mittee is composed of 20 members, including Senegal, and in future will be playing an' important role in assisting the Director-General of UNESCO in this area. 30. At its previous session [resolution 33/50], our General Assembly welcomed the' work being done by UNESCO in this area and requested it to continue the efforts it was carrying out to find appropriate solutions to the problems relating to the restitution or return of cultural and artistic property, and decided to include in the provisional agenda of its thirty-fifth session an item entitled: "Preservation and further development of cultural values, including the protection, restitution and return of cultural and artistic property". 31. Since the last General Assembly session, UNESCO has taken steps to implement the resolutions of the United Nations and those adopted by its own General Conference. In a few days, at UNESCO headquarters in Paris, the Intergovernmental Committee for Promoting the Return of Cultural Property to its Countries of Origin or its Restitution in Case of Illicit Appropriation will hold its first meeting. 32. Here we should stress that 43 States have to date ratified the Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property, that was adopted in 1970. 33. Some difficulties have been encountered in the im- plementation of this Convention. By its resolution 4.122 adopted at its nineteenth session, the General Con- ference invited member States to submit to its twentieth session reports on the action taken to implement the Convention. 34. To that end, reports submitted by members were considered at the twentieth session of the General Con- ference, which was held in Paris from 24 October to 28 November 1978. They stressed the difficulties en- countered in implementing the Convention. One of those difficulties, and that not the least, was that a large number of countries to which the cultural property was to be returned or restituted did not have the housing, equipment or technical personnel required to take charge of the objects and cultural property. Indeed, UNESCO should be able to help to find a solution to these problems in co-operation with ICOM. 35. At present, the United Nations should lend its sup- port to UNESCO and help it to attain the objectives it has set itself in two areas, namely, the return or restitu- tion of cultural property to its countries of origin, and 36. This is another area in which the international community should contribute to the establishment of a new order: the cultural order, without which no fruitful dialogue is possible between civilizations and the peoples that make up our planet. 37. As we all know, myths and prejudices have for a long time concealed to the rest of the world the true face of Africa. In maintaining that African societies had no history, and therefore no culture, an attempt was being made to refuse to see Africans as creators of original cultures. It is often forgotten that Africa was the home of refined and sophisticated cultures and societies which flourished for centuries,·particularly in western Africa during the era of the Mali, Ghana and Songhat empires, which existed long before the European penetration of the continent. This also applies to Latin America and Asia where empires and civilizations have continued to flourish even during the period of European coloniza- tion. 38. These phenomena-whether colonization or the slave trade - which were imposed from without, could only distort our understanding of history. This is why the African countries have, since their accession to in- dependence, recognized the profound need to re-estab- lish the historical perspective of their cultures and societies. It is within this context that we have to look at another task undertaken by UNESCO, namely, the production of The General History of Africa. in eight volumes which has not yet been quite completed. 39. The purpose of this tremendous undertaking on the part of UNESCO is, on the one hand, to re-establish the true facts wherever they have been distorted, and, on the other hand to highlight the true historical data enabling the African people to follow the development of their social and cultural identity. 40. In undertaking this work, UNESCO is serving the international community. It has done so by "helping to make known and by restoring to its proper perspective Africa's contribution to human progress". That was said by Mr. Amadou-Mahtar M'Bow, the Director- General of UNESCO, as quoted in the last issue of the UNESCO Courier (August-September 1979). 41. Is there any need to recall that the slave trade, which was responsible for one of the most callous deportations in the history of the human race, and colo- nization with all its consequences, caused a cultural and social distortion which has never been experienced by any other continent. 42. Whether it is a question of peoples who have been displaced and who are today found in the Caribbean and the Americas, or of people who remained in Africa, all of them are now to a greater or lesser extent in the process of seeking to rediscover their "roots" or to pick up once more the thread of their history, after this great dislocation. As the historian Joseph Ki-Zerbo has writ- ten in the afore-mentioned publication: "The history of Africa, like the history of mankind as a whole is really the story of an awakening". 44. Does not ignorance of one's past, that is, of a great part of one's own being, mean an alienation which is ad- ditional to and distinct from the political alienation which our peoples have suffered for so long? 45. Africa refutes some of the writings and manuals produced on its behalf or about it by specialists, mis- sionaries and governors of all kinds. The reason for this is that one cannot live without memory, unless one is so insensitive as to be willing to live with the memory of another. Those days are now over, and that is why, wishing to rewrite its history, Africa needs to rediscover a part of its past which is outside the African continent. 46. It may be recalled that the three major sources of history are written documents, archeology and an- thropology. UNESCO has established at Timbuktu in Mali, the Ahmed Baba Centre to encourage the collec- tion of documents, manuscripts and scriptural materi- als. In some archives of Iran, Iraq and, of course, India, as well as in China, Europe and America, are stored many pieces of African history awaiting examination by researchers. 47. Archaeology also reveals eloquent testimony to the past; iron objects and their technology, ceramics, glassware and techniques of navigation, fishing and weaving. 48. Finally, another important source of history is the oral tradi.tion, which is the means of preserving and transmitting the accumulated socio-cultural production of peoples supposedly without a written language. We have in this tradition a true, living museum which gave rise to the saying that "in Africa, every time an old man dies it is like a library being burned". So initiatives have been taken by certain African and international organ- izations to collect and conserve oral traditions before the last witnesses and genealogists of a great epic are lost to us. 49. Masks and statues have been seized from the com- munity of the faithful to be exposed in museums to the curious gaze of non-believers. Thus, those masks and statues lose their meaning and their life. 50. Musical instruments, such as the balaphon, have helped to preserve our tonal history and are venerated and held sacred by some peoples, especially those who live in the Sudano-Sahelian region. 51. This is why in black Africa art has always been part of the life of the peoples. This is as true for the most simple, everyday objects as it is for those used in ritual or religious ceremonies. In a word, art is the fun- damental element of the African cultural heritage. This applies, as you know, to Latin America as well as to Asia. 52. My country, Senegal, which had the honour to be the first to organize the World Festival of Black Art in 54. After all the steps taken so far by UNESCO and the United Nations, there are grounds for believing that they will assist in the restoration of a historic, and hence cultural order, which will form the prelude to a fruitful dialogue among the peoples and civilizations of this world. 55. This is the context of draft resolution A/34/L.9/Rev.l, in which the sponsoring delegations call for the continuance of the task entrusted to UNESCO with a view to attaining its objectives. 56. We have no doubt that the Assembly will endorse our initiative by a unanimous vote.

Thequestion of the restitution of works ofart to their countries of origin, which has been discussed by the General Assembly since 1972, is closely related to the basic concerns of the international community to- day. 58. The plunder of works of art, that are expressions of the creative capacity of mankind in periods of peace, was one of the shameful characteristics of the evils of war. Thus, works of art formed part of the booty which was exhibited on the victors' chariots. When new wars overthrew the victors of yesterday, the restitution of works of art appeared among the conditions for the re- establishment of peace on acceptable terms. 59. However that was primarily the history of the great Powers. The weak countries constantly lost the best evidence of their cultural evolution through pillage by colonialism and, more recently, through shameless smuggling for crass commercial purposes, and frequent- ly under the guise of scientific expeditions or of privileges and immunities established for other pur- poses. 60. Now that mankind has at its disposal bodies for peaceful discussion and co-operation ~ith4n the ~nited Nations system and that the developmg countnes are aware of the value of their own works of art, whether those stemming from archaeological periods or those of contemporary manufacture, as expressions of their cultural significance in the common history of peoples now- I repeat - that we have established museums, classifications, catalogues and regulations in our coun- tries to defend the artistic heritage of each nation, it is necessary for us to adopt new attitudes and establish a new international order concernmg the possession, restitution and elimination of the plunder of works of artistic value throughout the world. 61. Thus, what has been accomplished by UNESCO and the categorical action of the General Assembly opens an era of hope for solutions that must be found quickly and need to be specific. That is why the prompt restitution without charge of the artistic works of a country-whether they are privately owned or museum 62. That is also why Member States have been invited to ratify the Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property adopted by UNESCO in 1970. 63. In this respect, we have noted with satisfaction the report of the Director-General of UNESCO on the ac- tivities carried out by that agency to promote the return or restitution of cultural property to the countries of origin fA /34/529 and Corr.l. annex]. 6,4. We should like above all to express our gratifica- tion at resolution 4.128 of the General Conference of UNESCO, adopted at its nineteenth session, aiming at the establishment of an Intergovernmental Committee entrusted with the task of seeking ways and means of facilitating bilateral negotiations for the restitution or return of cultural property to the countries that have lost it. We should point out here the need to ensure that the Committee use effective machinery to deal with the question of deliberate plunder through illicit traffic, in order to urge the recipient country to force its nationals or the purchasers of such stolen works to return them to their country of origin when authoritative claims have been made by the Governments concerned. We can hardly believe that the authorities of certain countries, which pride themselves on their age-old cultural heritage, would cover up the manoeuvres of unscru- pulous tradesmen and that their courts would not authorize the immediate restitution of shipments of ar- tistic works stolen surreptitiously from a weak country that is now claiming them. 65. Another question on which the Intergovernmental Committee will have to take action is that of expediting the adoption by the major museums of the world of specific measures for the return or restitution of cultural property such as that which concerns us here. There are museums which, over the years, taking advantage of the laxity or lack of information of local authorities in the developing countries, have accumulated vast quantities of objects of artistic value, invaluable archaeological evidence belonging to the cultures of specific countries. At times the number of such objects in the vaults of those museums is so great that out of a hundred of them they can only exhibit one or two because of lack of space. It would appear to be obvious, easy and just and it would extol their scientific stature, if those museums were to add moral prestige by returning some pieces to the museums of the country of origin. In other cases, when it is a question of a unique specimen of particular significance for world culture, such restitution is all the more necessary because of the greater value of the ob- ject that has been taken from the country in which it was unearthed. Here the system of making exact facsimiles could be employed in order to fulfil the requirements of exhibitions, while the authentic original was returned to its country of origin. We have cases of this nature in Ecuador which concern objects that constitute in- valuable evidence of some of the most ancient South American civilizations. In this regard, UNESCO should encourage action by ICOM to broaden its laudable pro- gramme of exchanges among museums to include the return or restitution of specific works of art to the coun- tries which claim them. 67. In Latin America we also preserve the artistic ex- pression of the colonial centuries where the contribu- tions of a number of currents and cultures - such as those of Christian and Moslem Spain - converged and were interpreted by artists and local artisans in the ar- chitecture, painting and sculpture of the three centuries following the discovery of America. All this, linked to the production of the last two centuries since our in- dependence and of our contemporary artists, constitutes the cultural heritage of our peoples. 68. That iswhy fiveAndean countries- Bolivia, Colom- bia, Ecuador, Peru and Venezuela- signatories of the Cartagena Agreement 7 wanted to sponsor, along with certain African countries, the draft resolution A/34/L.9/Rev.l, entitled "Return or restitution of cultural property to the countries of origin", which will be the title of the item in next year's agenda. This draft resolution was originally submitted under the title "Restitution of works of art to countries victims of ex- propriation", under which the item was included on the agenda by the General Committee and appeared in the relevant report of the Secretary-General. However, the concept of expropriation, which today corresponds in fact to a legal concept of confiscation by the State, would not appear sufficient to cover the various aspects of a situation that demands correction and corresponds, above all, to the concept of despoliation and illicit trade. 69. It is in this field that the wealthy countries, in which the museums and the private collections which house many of the works of concern to us are to be found, should demonstrate their understanding and willingness to co-operate internationally. Those coun- tries already possess great economic, military, technological and political potential. They could surely well afford to help us in our campaign to regain what is justly ours, namely, our cultural heritage, which our developing countries have forged in difficult conditions in the course of many centuries. 70. Accordingly, we express the hope that the draft resolution to which we have referred will receive the unanimous approval of this Assembly.

I should like first of all to thank the Director- General of UNESCO for his report on the work done by his organization to encourage the return and restitution of cultural property to the countries of origin. 7 Agreement on Andean Subregional Integration, signed at Bogota on 26 May 1969. . 73. Works of art speak a universal language, but they have special meaning for the peoples of the regions that have produced them. Belgium, from which so much cul- tural property has gone over the centuries, appreciates the desire of young nations to have collections represen- tative of their cultural heritage. Pursuant to its man- date, the Intergovernmental Committee can do useful work by encouraging bilateral agreements aimed at facilitating the establishment of such collections. The Governments of Zaire and Belgium have concluded an agreement of this kind, which entered into force last March. This agreement has two main aspects: on the one hand, Belgium will make available scientific and technical personnel to assist Zaire in the establishment and organization of a network of museums, and par- ticularly to collect a large number of works of art for the Institute of National Museums of Zaire; and, on the other hand, Belgium will make available to Zaire ethnographic and art collections by transferring a number of works of art and other cultural items. 74. The preliminary results of this agreement between our two countries will be communicated to the next meeting of the Intergovernmental Committee for Pro- moting the Return of Cultural Property in the hope that they may assist it in its work. 7S. We also believe that the Intergovernmental Com- mittee would find it useful to include in its programme of work a study of the possibilities of exchanges on a temporary or a permanent basis, as well as a study re- lating to the campaign against the theft and the illicit trading in works of art or objects of archaeological in- terest. 76. Although my delegation would have preferred that the draft resolution submitted to us be improved on cer- tain points, it nevertheless agrees with its substance. I hope that, as the representative of Ecuador has just re- quested, the draft resolution will be adopted by consen- sus. If that should not be the case, my delegation will vote in favour of the draft resolution.

The delegation of the Republic of Iraq, which is one of the sponsors of draft resolution A/34/L.9/Rev.l, which was submitted to this Assembly by the representative of Senegal, attaches the greatest im- portance to the item entitled "Restitution of works of art to countries victims of expropriation", which is be- ing considered by the General Assembly. 78. On II November 1977, we have already had an op- portunity to indicate from this rostrum 8 the objective reasons for Iraq's special interest in this question. Some of those reasons stem from Iraq's deepest national roots 79. It cannot be denied that Iraq was the cradle of human civilization. This was true from the very begin- ning of history and even in pre-historic times. That fact is recognized by all students of the history of mankind. The Mesopotamian civilization was at the forefront of the major contributors to mankind's heritage and civilization for several thousands of years. The Sumerian, Akkadian, Babylonian and Assyrian civiliza- tions contributed greatly to the birth and progress of the civilization of the world. To prove that, it suffices to refer to the flourishing Iraqi cities of Ur, Babel and Nineveh, as wellas other historical centres of Iraq which were, and indeed still are, inexhaustible sources for all those interested in the origin and development of history and human knowledge. More than 1,100 years ago, while the European continent was still living in obscurantism, Baghdad was the heart of Arab civiliza- tion and the shining beacon for the civilization of the world. Baghdad played a major role in ensuring the con- tinuity of history and contributed to the progress of mankind and the enrichment of man's heritage on this earth. 80. We are second to none in our awareness that the works of art and the precious legacy of those civiliza- tions are in the forefront of the heritage of civilization and form an indivisible whole. But they are, above all, the property of the Iraqis and cannot be divorced from their national and spiritual heritage. When we re- member the systematic, massive pillaging of our cultural wealth and our antiquities during the Ottoman and British domination of Iraq, we feel deep sadness and even bitterness. That pillaging resulted in the transfer of innumerable, invaluable and irreplaceable works of art to various and distant regions of the world. 81. In 1977, during the thirty-second session of the General Assembly, our delegation submitted a list of some of our historic treasures and of the museums where they are now to be found. That list was published at the end of November 1977,9 at the request of Iraq, as an official document of the General Assembly. That document is still available to delegations. 82. It cannot be denied that historical remains, and in particular historical monuments, are an integral part of their natural environment, while at the same time form- ing a significant part of the heritage and identity of the mother country and its people. Works of art and anti- quities are also without any doubt an inexhaustible source of inspiration to national artists, since they stimulate their creative imagination. Hence, it is unjust to deprive States of these sources which belong to them and are so vital to their artistic rebirth and the renewal of their true heritage. Moreover, these works of art and antiquities are an important source of revenue from tourism; the legitimate owners have a right to that revenue. 83. The report by the Secretary-General now before 84. First, before we refer to UNESCO's very effective role in this field, we should like to note our regret that the report contains no mention whatsoever of any ac- tivities or role of the United Nations itself in regard to this important subject. It appears that after six years of discussion and despite resolutions adopted by the General Assembly, the Secretariat views the matter as though the role of the United Nations were limited to receiving the report of the Director-General of UNESCO and circulating it to members of the General Assembly. Furthermore, there are indications that there has been negligence by the Secretariat on this question. Indeed, the brief report, which totals two pages and on- ly recalls previous procedural measures, contains errors that cannot be excused. Although we appreciate UNESCO's major role in this field, we believe that the question is of such political importance that it must be placed within the competence of the United Nations. If that were not so, why should we not leave it entirely to UNESCO to deal with the question without the General Assembly having to discuss it every two years? 85. We repeat that there is a solid and direct link be- tween the question of the restitution of works of art to the countries victims of expropriation and the strength- ening of international relations in general, and between the strengthening of ties of friendship between countries and the promotion of solidarity and understanding, not only on the international scale but also among in- dividuals. That is why we believe that the United Na- tions has an important role to play, in co-operation, of course, with UNESCO, in persuading countries to take account of the many resolutions adopted by the General Assembly and return works of art to the countries from which they have been taken. 86. Secondly, the report of the Director-General of UNESCO mentions certain encouraging measures adopted by that organization to achieve the objective of the restitution of works of art to the countries that originally owned them. In the field of public informa- tion, the report in question refers to the appeal made by the Director-General at the twelfth session of the General Assembly of ICOM that the members of that body should " ... help countries which had no collections representative of their cultural heritage to build up such collections and to facilitate any bilateral negotiations which their Governments might under- take in that connexion." [A/34/529 and Corr.l, an- nex, para. 4.J The Director-General also made an appeal to States and to professional circles indicating the importance of this 87. Thirdly, the most important item in the UNESCO report is perhaps the reference to the resolution adopted by the General Conference of that organization on the establishment of an Intergovernmental Committee to seek ways and means of facilitating bilateral negotia- tions for the restitution or return of cultural property to countries which lost it following colonial or foreign oc- cupation. We welcome that practical measure and invite UNESCO to increase its efforts to support the work of that 20-member Committee charged with seeking ways of facilitating bilateral negotiations, promoting multilateral and bilateral co-operation, fostering a public information campaign and implementing UNESCO's progamrne of action in that field. Further- more, the Committee is charged with encouraging the necessary research and studies for the establishment of plans and programmes aimed at helping countries to build up their collections, establish museums, train scientific and technical personnel and promote the inter- national exchange of works of art. We await with impa- tience the first meeting of that Committee, which is ex- pected to take place this month, and hope that it will make practical proposals and adopt a specific pro- gramme of work which will enable the Committee to complete its task in the future. 88. Fourthly, the report stresses the efforts of the UNESCO secretariat to broaden the field of application of the Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property, which was adopted by UNESCO in November 1970 and has been ratified by only 43 countries. 89. Finally, the Director-General of UNESCO con- cludes his report by referring to one of the principal dif- ficulties encountered in this field, which is the fact that many countries suffer from a shortage of buildings, equipment and qualified museum staff. He mentions the measures adopted by UNESCO and ICOM to assist those countries in filling these gaps. 90. We should like to recall in this connexion what we have already said in the General Assembly, which is that we categorically reject the allegation that the developing countries are incapable of protecting and conserving their works of art. One visit to the sites of monuments and the museums of Iraq, for example, is sufficient to refute such assertions as a whole and in detail. 91. In conclusion, we wish to reaffirm that the measures adopted by UNESCO and the United Nations are inadequate and must be considered as only the first step along the long road leading to the noble objective of the exercise of the right of peoples to the return of the works of art that have been expropriated from them, for the right of peoples to protect their national heritage and the civilization passed on to them by earlier genera- tions and represented by works of art and the vestiges of the past is a legitimate and indisputable right. We believe that the recovery of this property is an essential part of the sovereignty of the State and of its control over its resources.

In taking up today agenda item 20 on the restitution of works of art to countries victims of expropriation, the General Assembly is stress- ing the importance which the international community attaches to its resolution 3187 (XXVIII) adopted on 18 December 1973. 94. In this connexion, it is worth recaIling the provi- sions of the above-mentioned resolution, which appear in the relevant report of the Secretary-General dated 18 October 1979 [A/34/529 and Corr.Ii, The Assembly affirmed that " ... the prompt restitution to a country of its objets d'art, monuments, museum pieces, manu- scripts and documents by another country, without charge, was calculated to strengthen international co- operation inasmuch as it constituted just reparation for damage done"; likewise, it recognized " ... the special obligations in that connexion of those countries which had had access to such valu- able objects only as a result of colonial or foreign oc- cupation"; and called upon " ... all the States concerned to prohibit the ex- propriation of works of art from Territories still under colonial or alien domination". 95. The delegation of Democratic Kampuchea wel- comes and endorses the efforts made by our Organ- ization, and in particular by UNESCO, to implement that resolution, in the interests of peace and justice. 96. The people of Kampuchea are renowned in history as a people which built great monuments, the most famous of which constitute the Angkor group. Those stone monuments, built almost 1,000 years ago, con- stitute a unique architectural group, the beauty, grandeur and technical construction of which have always astounded all the visitors who have quite rightly regarded them as part of the cultural and artistic heritage of the human race. In addition to this cultural and artistic heritage of inestimable value, the work of our people, Kampuchea also has many museums, in- cluding those of the Royal Palace of Phnom Penh and the Silver Pagoda and the Museum of Phnom Penh, formerly called the Albert Sarraut Museum. 97. During the preceding national liberation war, which lasted five years, from 1970 to 1975, our people and our Government preserved those monuments in- tact. All foreign visitors who came to Kampuchea and 98. These treasures and masterpieces of our people, of our 2,OOO-year-old civilization, this artistic and cultural heritage of the whole human race, are today the object of the greatest vandalism, plunder and systematic destruction by the Vietnamese aggressors. Those Viet- namese aggressors are now bringing fire and bloodshed to Kampuchea; they are killing our people both by massacres committed by their armed forces of more than 220,000 men, and also by famine. Their objective is to exterminate our people and to occupy and annex the territory of Kampuchea. 99. Furthermore, the Vietnamese aggressors, as well as carrying out these criminal and cynical plans, are try- ing to wipe from the map of the world any trace of the culture and civilization of Kampuchea. That is what they did in the past in the Islamic Kingdom of Champa, and that is what they are now trying to do in Laos. As the Vice Premier in charge of Foreign Affairs, the head of the delegation of Democratic Kampuchea to this Organization, said at this rostrum on 9 October last: " ... all of Kampuchea is the scene of plunder by the Vietnamese hordes who have carried away to Viet Nam whatever they could find: objets d'art of gold or silver, precious stones, rare pieces from our museums, from the Silver Pagoda and from the Roy- al Palace ....As for the sculptured and bas-relief masterpieces at Angkor, highpoints of the Khmer civilization and the cultural and artistic heritage of all mankind, the Hanoi aggressors have concealed them in coffins so as to carry them off to Viet Nam". [26th meeting para. 291.J 100. As recently as 18September 1979 the Vietnamese occupiers took away to Viet Nam statues of Buddha made of emeralds, gold and silver and other treasures from our museums. Foreign observers who have visited Viet Nam have found proof of this plunder in Saigon and in Hanoi. For example, the journalist Elizabeth Becker of the Washington Post reported the following on 25 September 1979: "Convincing proof of plunder can be found in the antique shops of Ho Chi Minh City and Hanoi. The theft and export of Cambodian art treasures must be widespread judging from what can be found in Viet- namese shops. There were common wooden Bud- dhas, priceless stone carvings, brass objects, dancing Arsara figures and what weredescribedas Angkor-era busts. "One piece was mounted on a dark wooden block, the tvpe used hv museums, "Questions put to shopkeepers about these pieces and their origins led to police surveillance and my guide abruptly ended the day's shopping trip when I persisted. " 'The Cambodian art began appearing in Ho Chi Minh City about February, March', said one foreign resident. 'They've only recently found their way up to Hanoi. The wooden Buddha ... was still dirty from the axle grease of an army truck, I am sure'."!' 102. On behalf of our Government and our people, our delegation condemns the Socialist Republic of Viet Nam for its crimes against our nation's civilization and culture, as well as for its monstrous crimes of genocide carried out through the starvation arid massacre of our people. History will not forget them. 103. The only way to put a stop to the crimes being committed by the Vietnamese aggressors in Kampuchea is to force the Hanoi authorities to put an end to their war of aggression and genocide in Kampuchea and to withdraw all their armed forces of occupation from that country, in order that our people may live- as do other peoples- in independence and freedom, in honour and national dignity, in accordance with its own civilization. The Vietnameseaggressors must return all the works of art they have plundered in Kampuchea. 104. In conclusion, my delegation would like to ex- press its firm support for draft resolution A/34/L.9/Rev.1 concerning the restitution of works of art to countries victims of expropriation, that was sub- mitted at this session of the Assembly by Senegal, on behalf of other delegations. 105. Mr. KOLBASIN (Byelorussian Soviet Socialist Republic) (interpretation from Russian): The delegation of the Byelorussian Soviet Socialist Republic attaches great importance to the agenda item entitled "Restitu- tion of works of art to countries victims of expropria- tion". 106. As our delegation has stated when speaking on this matter at previous sessions of the General Assembly, this question directly involves the interests of the peoples in formerly colonized countries and peoples that are now suffering under the colonialist and racist yoke, as.well as peoples that were the victims of aggres- sion during the Second World War and those subjected to aggression during the post-war years. 107. The destruction and plunder of many works of art and historical monuments in the Soviet territory temporarily occupied by the Hitlerites-and this in- cludes Byelorussia-as well as in the territories of many other States that were also temporarily occupied by the Hitlerites, was carried out on an extensive and un- precedented scale. 108. The heinous crimes committed by the Hitlerite aggressors in the temporarily occupied territory of the Soviet Union reveal the colossal and, to a large extent, irreparable harm the peoples of our country have suf- fered as a result of the expropriation and destruction of works of art and other cultural property belonging to them. 109. The delegation of the Byelorussian SSR responds with understanding to the initiative calling for a study of steps that can be taken to return works of art to those countries that have been deprived of them as a result of colonial or foreign domination, and we support the de- 110. During the long period of colonial domination, many works of indigenous art of the peoples of Africa, Asia and Latin America, monuments and objects of ar- tistic, historical or archaeological importance were it legally smuggled out to the metropolitan countries. Under pressure from national liberation movements, the colonial empires finally crumbled, but the dire con- sequences of colonialism-in particular in the cultural area-have not yet been overcome. We regard as just the demands that the former colonial metropolitan countries should return works of art and other cultural treasures to their legal owners, namely, the countries from which they were unlawfully smuggled. III. The delegation of the Byelorussian SSR would also like to note that the United. Nations, in giving due consideration to this issue, has already adopted a number of resolutions containing specific recc -nda- tions and requests addressed to so competent an •..•erna- tional organization as UNESCO. As is well known, UNESCO has considered and is continuing its con- sideration of this matter and is giving it due attention. That organization has also taken a number of relevant steps, as noted in the report of the Secretary-General [A/34/529 and Corr.l]. It may be noted from that document that UNESCO has continued to make efforts to encourage the return and transfer of cultural proper- ty to the countries of origin. The Director-General of UNESCO has also taken steps to intensify work in this area. 112. In particular, I should like to note the decisions adopted at the recent twentieth session' of the General Conference of UNESCO with regard to this matter. By its resolution 4/7.6/5, the General Conference estab- lished the Intergovernmental Committee for Promoting the Return of Cultural Property to its Countries of Origin or its Restitution in Case of Illicit Appropriation. My delegation takes satisfaction that the General Con- ference approved the statutes of that Committee. Ac- cording to its statutes, the Intergovernmental Commit- tee will act as an advisory body and its principal tasks will be the restitution and return of cultural property to its country of origin, the search for ways and means of facilitating bilateral negotiations for the restitution or return of cultural property and the promotion of multilateral and bilateral co-operation to this end. It will also promote public information campaigns to alert public opinion and professionals to the planning and implementation of UNESCO's programme of activities in this area. Moreover, the Committee will encourage the research and studies necessary for the drafting of programmes which will permit the rapid establishment of representative collections in those countries whose cultural heritage has been destroyed. It will also en- courage the establishment and expansion of museums and the training of the necessary scientific and technical personnel, as well as promote the international ex- change of cultural property. 114. The General Assembly should, in its resolution, encourage UNESCO to continue its work in this area and to keep the United Nations informed of its progress in this area.

We should like to express our appreciation to the Secretary-General for the very useful report he submitted on the question of the return or restitution of works of art and cultural property to their countries of origin. 116. Members of the Assembly will doubtless recall that on 4 October 1973,12 the President of the Republic of Zaire recalled in very appropriate terms the systematic pillaging of our works of art - that is, the works of art of the formerly colonized, now developing countries - throughout the colonial period. He recalled that those works of art, which are today much more easily found elsewhere than in our countries, were not raw materials but the finished products, the fruit of our creative genius. He went on to say that those works, which were acquired for nothing, have become so much more valuable with the passage of time that none of our countries has at the present time the material means to repurchase or recover them. He therefore asked the General Assembly to adopt a resolution appealing to those countries which had unfairly appropriated those works of art and cultural property from the developing countries during the period of colonization to restore at least some of them, so that we can teach our children and our grandchildren the history of their countries. 117. The role of culture in the development of peoples and nations needs. no proof; it is universally accepted. As far as concerns our peoples, which have emerged from the night of colonialism, peoples that are con- sidered as lacking in culture and that are still living with the consequences of colonialism, this is a major pro- blem since these works of art are a part of our cultural heritage, and culture is precisely the concentration of the material and spiritual values that man has created and forged along his evolution through time and space. 118. During its twenty-eighth session, the General Assembly heeded the appeal of the President of Zaire and adopted resolution 3187 (XXVIII) on 18 December 1973, in which it affirmed that the prompt restitution to a country of its objets d'art, monuments, museum pieces. manuscripts and documents by another country, without charge, is calculated to strengthen international co-operation inasmuch as it constitutes just reparation for damage done. Since then, certain progress has been made with the adoption of resolutions 3391 (XXX) of 19 November 1975 and 32/18 of II November 1977, as well as of the Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property. But it must be recognized that, practically speaking, very little has been achieved. 120. We believe that Governments must make a special effort to support UNESCO in view of the impor- tance of national art and the preservation of cultural values. 121. While we realize that this is a multifaceted prob- lem and that, apart from works of art obtained as a result of colonial domination, there are still illicit transfers of works of art organized by certain countries to the detriment of others, we can only regret to a cer- tain extent the fact that the report of the Secretary- General and that of the Director-General of UNESCO do not contain more information on this matter and do not clearly bsing out the efforts being made and the con- crete activities being carried out to ensure redress of this situation. 123. It is with this idea in mind that we support the draft resolution contained in document A/34/L.9/Rev.l submitted by Senegal, in the hope that there will be no objections to it and that, on the contrary, it will be ap- proved by consensus. 124. In conclusion, I should like to congratulate the Government of Belgium for its readiness to find a solu- tion to this problem together with Zaire, in the spirit of the relc....ant resolutions of the General Assembly, as Mr. Ernemann just stated. We also congratulate the other countries that have displayed the 'same readiness.

I understand. that consulta- tions are going on concerning the disposition of the draft resolution before us. I have therefore agreed to a request for postponement of further consideration of the agenda item to an early date that will be announced.