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A/RES/40/19 GA

Return or restitution of cultural property to the countries of origin : resolution / adopted by the General Assembly

40
Session
123
Yes
0
No
15
Abstentions
Draft symbol A/40/L.18
Adopted symbol A/RES/40/19
Category CULTURE
P5 Positions
Russia United States ~ United Kingdom ~ China France ~
UN Document A/RES/40/19 ↗

Vote Recorded VoteA/40/PV.87 Nov. 21, 1985

— Abstain (15)
Absent (21)
✓ Yes (123)
Full text of resolution OCR extract — may contain errors
22 General Assembly-Fortieth Session ship of the Afghan refugees, in co-ordination with the United Nations High Commissioner for Refugees; 6. Expresses its appreciation and support for the efforts and constructive steps taken by the Secretary-General, especially the diplomatic process initiated by him, in the search for a solution to the problem; 1. Requests the Secretary-General to continue those efforts with a view to promoting a political solution, in accordance with the provisions of the present resolution, and the exploration of securing appropriate guarantees for the non-use of force, or threat of force, against the political independence, sovereignty, territorial integrity and secu- rity of all neighbouring States, on the basis of mutual guar- antees and strict non-interference in each other's internal affairs and with full regard for the principles of the Charter of the United Nations; 8. Requests the Secretary-General to keep Member States and the Security Council concurrently informed of progress towards the implementation of the present resolu- tion and to submit to Member States a report on the situa- tion at the earliest appropriate opportunity; 9. Decides to include in the provisional agenda of its forty-first session the item entitled "The situation in Afghanistan and its implications for international peace and security". 74th plenary meeting 13 November 1985 40/13. International relief to Colombia The General Assembly, Deeply distressed by the loss of lives, the number of afflicted persons and the enormous destruction wrought by the volcanic activity ofNevado de! Ruiz, affecting areas of the departments of Caldas, Tolima and Valle de! Cauca in Colombia, Noting the efforts of the Government and people of Colombia to save lives and alleviate the sufferings of the victims of this natural disaster, Considering the enormous effort that will be required to alleviate the grave situation caused by this natural disaster, Recognizing that the magnitude of the catastrophe and its effects will require, as a complement to the effort being made by the people and Government of Colombia, a dem- onstration of international solidarity to ensure the neces- sary multilateral co-operation in order to meet the imme- diate emergency in the affected areas, as well as to undertake the task of reconstruction, 1. Expresses its solidarity and support to the Govern- ment and people of Colombia in this tragedy; 2. Expresses its appreciation to the States, interna- tional and regional agencies, non-governmental organiza- tions and individuals providing emergency relief to Colombia; 3. Calls upon the Governments of the Member States to contribute generously to the relief and reconstruction efforts in the affected areas and, to the extent possible, to channel their assistance through the United Nations sys- tem; 4. Requests the Secretary-General to mobilize resources in order to assist in the relief and reconstruction task of the Government of Colombia; 5. Also requests the Secretary-General to co-ordinate the multilateral assistance and, in consultation with the 24 United Nations Educational, Scientific and Cultural Organization, Records of the General Conference, Sixteenth Session. vol. I, Reso/utwns, p. 135. Government of Colombia, to determine the emergency and reconstruction needs of the affected areas. 79th plenary meeting 15 November 1985 40/19. Return or restitution of cultural property to the countries of origin The General Assembly, Recalling its resolutions 3026 A (XXVII) of 18 Decem- ber 1972, 3148 (XXVIII) of 14 December 1973, 3187 (XXVIII) of 18 December 1973, 3391 (XXX) of 19 November 1975, 31/40 of 30 November 1976, 32/18 of 11 November 1977, 33/50 of 14 December 1978, 34/64 of 29 November 1979, 35/127 and 35/128 of 11 December 1980, 36/64 of 27 November 1981 and 38/34 of 25 November 1983, Recalling also the Convention on the Means of Prohibi- ting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property,24 adopted on 14 November 1970 by the General Conference of the United Nations Educational, Scientific and Cultural Organization, Taking note with satisfaction of the report of the Secre- tary-General submitted in co-operation with the Director- General of the United Nations Educational, Scientific and Cultural Organization, 25 Noting with satisfaction that following its appeal other Member States have become parties to the Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property, Aware of the importance attached by the countries of origin to the return of cultural property which is of funda- mental spiritual and cultural value to them, so that they may constitute collections representative of their cultural heritage, Noting with satisfaction that some countries have taken positive steps towards the return or restitution of museum pieces, archives and objets d'art to their countries of origin, Reaffirming the importance of inventories as an essen- tial tool for the understanding and protection of cultural property and for the identification of dispersed heritage and as a contribution to the advancement of scientific and artistic knowledge and intercultural communication, Deeply concerned at the clandestine excavations and the illicit traffic in cultural property that continue to impover- ish the cultural heritage of all peoples, Supporting the solemn appeal made on 7 June 1978 by the Director-General of the United Nations Educational, Scientific and Cultural Organization for the return of irre- placeable cultural heritage to those who created it, I. Commends the United Nations Educational, Scien- tific and Cultural Organization and the Intergovernmental Committee for Promoting the Return of Cultural Property to its Countries of Origin or its Restitution in Case of Illicit Appropriation on the work they have accomplished, in particular through the promotion of bilateral negotia- tions, for the return or restitution of cultural property, the preparation of inventories of movable cultural property, the reduction of illicit traffic in cultural property and the dissemination of information to the public; 2. Reaffirms that the restitution to a country of its objets d'art, monuments, museum pieces, archives, manu- scripts, documents and any other cultural or artistic treasures contributes to the strengthening of international co-operation and to the preservation and flowering of uni- 2.I A/40/344. II. Resolutions adopted without reference to a Main Committee 23 versal cultural values through fruitful co-operation between developed and developing countries; 3. Recommends that Member States adopt or strengthen the necessary protective legislation with regard to their own heritage and that of other peoples; 4. Invites Member States to continue drawing up, in co-operation with the United Nations Educational, Scien- tific and Cultural Organization, systematic inventories of cultural property existing in their territory and of their cul- tural property abroad; 5. Also invites Member States engaged in seeking the recovery of cultural and artistic treasures from the sea-bed, in accordance with international law, to facilitate by mutually acceptable conditions the participation of States having a historical and cultural link with those treasures; 6. Appeals to Member States to co-operate closely with the Intergovernmental Committee for Promoting the Return of Cultural Property to its Countries of Origin or its Restitution in Case of Illicit Appropriation and to con- clude bilateral agreements for this purpose; 7. Also appeals to Member States to encourage the mass information media and educational and cultural institutions to strive to arouse a greater and more general awareness with regard to the return or restitution of cul- tural property to its country of origin; 8. Endorses the opinion expressed at the World Con- ference on Cultural Policies, held at Mexico City from 26 July to 6 August 1982, that the return of cultural property to its country of origin should be accompanied by the training of key personnel and technicians and the provi- sion of the necessary facilities for the satisfactory conser- vation and presentation of the property restored;26 9. Welcomes the steady increase in the number of States parties to the Convention on the Means of Prohibi- ting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property; IO. Invites once again those Member States that have not yet done so to sign and ratify the Convention; 11. Requests the Secretary-General, in co-operation with the Director-General of the United Nations Educa- tional, Scientific and Cultural Organization, to submit to the General Assembly at its forty-second session a report on the implementation of the present resolution; 12. Decides to include in the provisional agenda of its forty-second session the item entitled "Return or restitu- tion of cultural property to the countries of origin". 87th plenary meeting 21 November 1985 40/20. Co-operation between the United Nations and the Organization of African Unity The General Assembly, Having considered the report of the Secretary-General on co-operation between the United Nations and the Organization of African Unity,27 Recalling its previous resolutions on the promotion of CO•!)peration ~tween_ the United Nations and the Organi- zatlon of African Umty and the practical measures taken for their implementation, in particular resolution 39/8 of 8 November 1984, and its resolution 39/29 of 3 December 1984 on the critical economic situation in Africa and the Declaration annexed thereto, 265ee N38/456, p. 12. para. 17. 27 N40/S36. 28 See N40/666. 29 Jbid., annex I, declaration AHG/Ded. I IXXI). Taking note of the relevant resolutions, decisions and declarations adopted by the Council of Ministers of the Organization of African Unity at its forty-second ordinary session and by the Assembly of Heads of State and Gov- ernment of that organization at its twenty-first ordinary session, which were held at Addis Ababa from I O to 17 July and from 18 to 20 July 1985, respectively,28 Taking note also of the resolutions, decisions and decla- rations adopted by the Organization of African Unity on the promotion of co-operation between the United Nations and the Organization of African Unity, Noting, in particular, the Declaration on the Economic Situation in Africa and Africa's Priority Programme for Economic Recovery 1986-1990, annexed thereto, adopted by the Assembly of Heads of State and Government of the Organization of African Unity at its twenty-first session,29 which was devoted mainly to the critical economic situa- tion in Africa, Considering the important statement by the current Chairman of the Assembly of Heads of State and Govern- ment of the Organization of African Unity of 21 October 1985, 30 particularly with regard to the critical economic situation in Africa as well as other matters of concern to the two organizations, Gravely concerned about the serious and deteriorating economic situation in Africa, in particular the effects of the prolonged drought, desertification and the adverse effects of the international economic environment on the African States, Recalling, in this connection, the Lagos Plan of Action for the Implementation of the Monrovia Strategy for the Economic Development of Africa, adopted by the Assem- bly of Heads of State and Government of the Organization of African Unity at its second extraordinary session, held at Lagos on 28 and 29 April 1980, 31 Recognizing the need for closer co-operation between the Organization of African Unity and all specialized agen- cies, organizations and bodies of the United Nations sys- tem in realizing the goals and objectives set forth in the Lagos Plan of Action, Gravely concerned at the deteriorating situation in southern Africa arising from the continued domination of the peoples of the area by the minority racist regime of South Africa and conscious of the need to provide increased assistance to the peoples of the region and to their liberation movements in their struggle against colo- nialism, racial discrimination and apartheid, Conscious of its responsibilities to provide economic, material and humanitarian assistance to independent States in southern Africa to help them cope with the situa- tion caused by the acts of aggression committed against their territories by the apartheid regime of South Africa, Deeply concerned at the gravity of the situation of the refugees in Africa and the urgent need for increased inter- nation~I assistance to help African countries of asylum cope with the heavy social, economic and administrative burden imposed on their fragile economies, Recognizing the important role which the various infor- mation units and departments of the United Nations sys- tem can play in disseminating information to bring about a greater awareness of the grave situation prevailing in southern Africa as well as the social and economic prob- lems and the needs of African States and their regional and subregional institutions, 30 See Official Records of the General Assembly. Fortieth Session. l'/enary Meetings, 42nd meeting. 31 A/S-11/14, annex I.
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