Return and Restitution under the aegis of the ICPRCP
The Intergovernmental Committee on Return and Restitution (ICPRCP) seeks ways and means of facilitating bilateral negotiations, promoting multilateral and bilateral cooperation for the restitution and return of cultural property, encouraging public information campaigns on this issue, and promoting exchanges of cultural property.
This intergovernmental body has an advisory role and its recommendations concern disputes between States, but are not legally binding.
Cases of return and restitution under the aegis of the ICPRCP
In some cases, the 1970 Convention does not formally apply: either the States concerned by the cases of return or restitution have not ratified it, or one of the conditions for its application is not fulfilled (such as non-retroactivity). Other solutions are then sought so that the parties concerned can reach a mutually acceptable agreement. Even if they do not reflect a strict application of the provisions of the Convention, these solutions are often adopted in accordance with the spirit and principles of the Convention.
Cases of returns and restitutions under the aegis of the ICPRCP
2011 Germany - 罢眉谤办颈测别
In 2011, under the aegis of the Intergovernmental Committee for Promoting the Return of Cultural Property to its Countries of Origin or its Restitution in case of Illicit Appropriation (ICPRCP), the Federal Republic of Germany returned the 鈥淏o臒azk枚y鈥 sphinx to the Republic of 罢眉谤办颈测别.
鈥淏o臒azk枚y鈥 stands for the Bo臒azk枚y district of the 脟orum province in the North-Central Anatolian Mountain Region in the Republic of 罢眉谤办颈测别, where the historical Hittite capital Hattusha* was founded and where two sphinxes sculptures were discovered. The excavations at the archaeological site of Hattusha started in 1905 as part of a collaboration between a German archaeological team and the Imperial Museum of Istanbul. In that year and the years that followed, two sphinxes, carved during the imperial Hittite period over 3,000 years ago, and more than ten thousand tablets were found and transferred to the Imperial Museum of Istanbul. These findings were loaned by the Ottoman Empire to Berlin鈥檚 Museum of the Ancient Near East (Germany) for cleaning, restoration, and publication purposes after an agreement was concluded between the two countries.
Between 1924 and 1942, approximately three thousand tablets and one of the two sphinx sculptures returned to the Republic of 罢眉谤办颈测别, but numerous Hattusha findings stayed in Germany. These findings were asked by the Republic of 罢眉谤办颈测别, which presented the documents proving they had been sent to Germany for scientific purposes under the condition that they would be returned. However, in the aftermath of the Second World War, and with Germany being divided in two, the attempt to return the artefacts was put to a halt. This attempt resumed only after establishing diplomatic ties between the Republic of 罢眉谤办颈测别 and the German Democratic Republic in 1974.
- On July 24, 1987, the Republic of 罢眉谤办颈测别 called upon the UNESCO ICPRCP to support its claims () to the German Democratic Republic. In October of the same year, a meeting was held in Berlin, where representatives of the Democratic Republic of Germany and the Republic of 罢眉谤办颈测别 agreed on terms for the transfer of 7,400 cuneiform tablets and decided to reignite negotiations about the remaining sphinx sculpture.
- In 1991, given Germany鈥檚 historical reunification, the negotiations concerning the Bo臒azk枚y sphinx, to which ICPRCP participated (), were interrupted. Consequently, The Republic of Turkey and the ICPRCP () established contact with the reunited Federal Republic of Germany that led to new bilateral negotiations ().
- In 1996, the 鈥淏ogazk枚y鈥 sphinx case was directly reviewed during the ninth session of the ICPRCP, where the German representative stated the will of the German authorities to maintain negotiation through bilateral channels. The two next sessions saw the issuance of a set of recommendations by the ICPRCP to maintain documentation exchanges () and the pursuance of negotiation ().
- In 2011, following two meetings held between the Turkish and the German delegations and on the basis of the ICPRCP sixteenth session鈥檚 Recommendation (), a bilateral agreement on the transfer and future cooperation was reached.
The Bo臒azk枚y sphinx was transferred to the Republic of 罢眉谤办颈测别 on July 27, 2011. After being restored in the 陌stanbul Archaeological Museum, it was transported to 脟orum to be integrated into the , where it is still on display and accessible to the public since November 26, 2011. There, it is reunited with its counterpart, formerly exhibited in the 陌stanbul Directorate of Archaeological Museums.
* Hattusha enjoyed considerable influence in Anatolia and northern Syria in the 2nd millennium B.C; in 1986.
2010 Swiss Confederation - United Republic of Tanzania
On 10 May 2010 in Paris, the restitution ceremony of the Makonde Mask to the United Republic of Tanzania took place under the auspices of the International Council of Museums (ICOM) and in the presence of UNESCO.
Since 2006, the Committee (ICPRCP), the Swiss authorities, ICOM and the UNESCO Secretariat had maintained discussions with the parties involved in this case: the United Republic of Tanzania and the Barbier-Mueller Museum in Geneva (Switzerland), until the parties concluded a bilateral agreement in 2010.
(in french)
1988 United States of America - Tha茂land
In 1988, the United States of America returned the Phra Narai lintel to Thailand. The case was resolved through mediation by the Committee (ICPRCP).
1987 German Democratic Republic - 罢眉谤办颈测别
In 1987, the former German Democratic Republic gave back 7,400 Bogazk枚y cuneiform tablets to the Republic of 罢眉谤办颈测别 with the support of the Intergovernmental Committee for Promoting the Return of Cultural Property to its Countries of Origin or its Restitution in case of Illicit Appropriation (ICPRCP).
鈥淏o臒azk枚y鈥 stands for the Bo臒azk枚y district of the 脟orum province in the North-Central Anatolian Mountain Region in the Republic of 罢眉谤办颈测别, where the historical Hittite capital Hattusha* was founded and where the cuneiform tablets were discovered. The excavations at the archaeological site of Hattusha** started in 1905 as part of a collaboration between a German archaeological team and the Imperial Museum of Istanbul. Within the first year, thirty-five cuneiform tablets were already found. Then, around the 鈥淕reat Citadel鈥, in 1906, a sizeable Hittite cuneiform tablet archive was unearthed. Thus, in that year and the years that followed, more than ten thousand tablets but also two sphynx sculptures were found and transferred to the Imperial Museum of Istanbul. These findings were loaned by the Ottoman Empire to Berlin鈥檚 Museum of the Ancient Near East (Germany) for cleaning, restoration, and publication purposes after an agreement was concluded between the two countries.
Between 1924 and 1942, approximately three thousand tablets and one of the two sphinx sculptures returned to the Republic of 罢眉谤办颈测别, but numerous Hattusha findings stayed in Germany. These findings were asked by the Republic of 罢眉谤办颈测别, which presented the documents proving they had been sent to Germany for scientific purposes under the condition that they would be returned. However, in the aftermath of the Second World War, and with Germany being divided in two, the attempt to return the artefacts was put to a halt. This attempt resumed only after establishing diplomatic ties between the Republic of Turkey and the German Democratic Republic in 1974.
- On July 24 1987, the Republic of 罢眉谤办颈测别 called upon the UNESCO ICPRCP to support its claims () to the German Democratic Republic. In October of the same year, a meeting was held in Berlin, where representatives of the Democratic Republic of Germany and the Republic of 罢眉谤办颈测别 agreed on terms for the transfer of 7,400 cuneiform tablets.
Pursuant to the agreement, the tablets returned to the Republic of 罢眉谤办颈测别 in 1987 in two shipments on November 14 and 21.
* Hattusha enjoyed considerable influence in Anatolia and northern Syria in the 2nd millennium B.C; in 1986.
** The archive of cuneiform clay tablets from Bo臒azk枚y presents the only extant recorded material about the civilisation of Hittites, one of the most powerful political organisations of the Middle East during the 2nd millennium B.C. This archive adds up to nearly 25.000 tablets that include the records of the era鈥檚 social, political, commercial, military, religious, legislative, and artistic lives. The archive comprises tablets of the Treaty of Qadesh signed between Hittites and Egypt. This well-known 鈥渢reaty of eternal peace鈥 guaranteed peace and security throughout the area. Furthermore, in 2001.
1986 United States of America - Jordan
Within the framework of an exchange, and following a request submitted by Jordan in 1983 to the ICPRCP, the Cincinnati Art Museum (United States of America) and the Department of Antiquities of Amman (Jordan) decided, in 1986, to jointly exchange moulds of the respective parts of the sandstone panel of Tyche with the zodiac in their possession, in order to be able to present the work in its entirety. This case was resolved following mediation.
1983 Italy - Ecuador
In 1983, Italy returned over 12,000 pre-Columbian objects to Ecuador following the resolution of a seven-year litigation process. The moral support expressed by the ICPRCP was recognized by the Ecuadorian authorities as a significant factor in the success of this case.