Ministry of Arts and Culture Republic of Mauritius

STRENGTHENING SYNERGIES FOR CULTURAL HERITAGE PROTECTION IN EASTERN AFRICA AND THE ADJACENT INDIAN OCEAN ISLAND STATES

REPORT OF THE REGIONAL CONFERENCE AND MINISTERIAL ROUNDTABLE 18 – 20 July 2017, MAURITIUS

Table of Contents:

1.0 Introduction ..………………………….…………………………………………………………………….. 3 1.1 Objectives of the Regional Conference ………………………………………………….. 4 1.2 Expected Outcomes ………………………………………………………………………………. 5 2.0 Opening …………………………………………………………………………………………………………. 6 3.0 Presentation of the Agenda and objectives of the Conference ……………………... 12 4.0 Thematic Panels: Discussing Key Areas ………………………………………………………….. 12 4.1 Safeguarding Measures for the Protection of Cultural Property in the Event of Armed Conflict ……………………………………………………………………………………… 13 4.2 Prohibiting and Preventing the Illicit Import, Export and Transfer of 16 Ownership of Cultural Property …………………………………………………………………. 5.0 Outcome of Breakout Sessions ……………………………………………………………………… 27 6.0 Recommendations …………………………………………………………………………………………. 28 7.0 Moving Toward a Regional Statement: the Ministerial Roundtable ……………….. 30 8.0 Closing of the forum …………………………………………………………………………………….… 31 Appendices Appendix 1: Agenda of the Conference/Ministerial Roundtable ……………………………. 32 Appendix 2: Final Recommendations ……………………………………………….………………….. 38 Appendix 3: Final Ministerial Statement ……………………………………………………………….. 40 Appendix 4: List of Participants …………………………………………………………………………..… 44

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1.0 INTRODUCTION

The Regional Conference and Ministerial Roundtable on the protection of cultural heritage in Eastern Africa and adjacent Indian Ocean Islands, held in Mauritius from 18 to 20 July 2017, was organized in line with the United Nations 2030 Agenda for Sustainable Development and the African Union (AU) Agenda 2063: The Africa We Want, which provide a roadmap for safeguarding cultural heritage in a sustainable development framework through the majority of the Sustainable Development Goals (SDGs) and through ‘Aspiration 5: An Africa with a Strong Cultural Identity, Common Heritage, Values and Ethics’ of the AU’s Agenda 2063. The Regional Conference provided a platform for discussion among national and international actors to strengthen synergies for the protection of cultural heritage. It also provided an opportunity for Ministers to share experiences, innovative practices and policies in the region.

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Over 80 participants from 12 of the 13 countries covered by the UNESCO Regional Office for Eastern Africa (Comoros, Djibouti, Eritrea, Ethiopia, Kenya, Madagascar, Mauritius, Seychelles, Somalia, South Sudan, Tanzania and Uganda—only Rwanda was not represented) attended the conference, which aimed to increase capacities and strengthen joint actions for the protection of cultural heritage.

A regional survey was carried out by UNESCO prior to the conference in order to establish the existing level of cultural heritage protection on a national and regional level in Eastern Africa. Out of 13 countries in the East Africa Region, seven have ratified the UNESCO 1954 Convention for the protection of cultural heritage in times of armed conflict (Eritrea, Ethiopia, Madagascar, Mauritius, Rwanda, Seychelles and Tanzania); however, only two countries have ratified the First Protocol and none have ratified the Second. Five East African countries (Madagascar, Mauritius, Rwanda, Seychelles and Tanzania) have ratified the UNESCO 1970 Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property; none have ratified the 1995 UNIDROIT Convention on stolen or illegally exported cultural objects; and only five (Comoros, Ethiopia, Madagascar, South Sudan and Tanzania) have signed the 2006 AU Charter for African Cultural Renaissance.

This is the context in which the regional conference took place in order to continue the consultation process from the national to the regional level. To this effect, the following key objectives and expected results were set out to guide the proceedings:

1.1 OBJECTIVES:  To analyze the current level of cultural heritage protection in Eastern Africa and identify the challenges and opportunities for increased protection;

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 To increase awareness of the benefits of ratification of normative instruments in the field of culture;  To increase collaboration among East African Member States in the field of Culture;  To elaborate a framework for cooperation in the region;

1.2 EXPECTED OUTCOMES:  The current level of cultural heritage protection in Eastern Africa as well as the challenges faced and opportunities for strengthened protection guide the elaboration of national policy frameworks;  Experiences and innovative practices and policies for the protection of cultural heritage shared among Eastern Africa Ministers responsible for culture;  Strengthen existing national agendas for cultural heritage protection through UNESCO Conventions, programmes and resources;  Commitment of Ministers from Eastern Africa to strengthen synergies for the national and regional safeguarding of cultural heritage;

Participants Of the 13 countries in the Eastern Africa region covered by the UNESCO Regional Office for Eastern Africa, only five countries were represented by their Ministers responsible for culture: Djibouti, Ethiopia, Mauritius, Somalia and South Sudan. The remaining countries were represented by their Permanent Secretaries, Directors of Culture, Museum Directors, Commissioners for Museums and Monuments, and Secretary Generals of UNESCO National Commissions.

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The Regional Conference was also able to attract other relevant partners and stakeholders from the Eastern Africa Region such as the Regional Economic Commissions of the African Union, the African World Heritage Fund (AWHF), the Centre for Heritage Development in Africa (CHDA) and the former Director of the International Council of African Museums (AFRICOM).

International organisations such as the International Council of Monuments and Sites (ICOMOS), the International Council of Museums (ICOM), the International Police Organisation (INTERPOL) and International Institute for the Unification of Private Law (UNIDROIT) were also well represented at the conference.

Format of the Conference A participatory and hands–on approach was adopted. Facilitation was provided by the Ministry of Arts and Culture of Mauritius, the Mauritius National Commission for UNESCO and UNESCO Regional Office for Eastern Africa. Resource persons from UNIDROIT, INTERPOL, ICOMOS, ICOM and AWHF led participants through the strong network of organizations supporting the implementation of UNESCO’s normative instruments in the field of cultural heritage protection.

2.0 OPENING The Opening Ceremony took place on the morning of 18 July 2017 and featured remarks from: Mr. Simon Springett, United Nations Resident Coordinator for Mauritius; Ms. Ann Therese Ndong-Jatta, Director of the UNESCO Regional Office for Eastern Africa; Hon. Leela Devi Dookun- Luchoomun, Minister of Education and Human Resources, Tertiary Education and Scientific Research of Mauritius; and the official opening of the conference by Hon. Prithvirajsing Roopun, Minister of Arts and Culture of Mauritius. Prof. George Abungu, Archaeologist, International Heritage Consultant and UNESCO Expert, provided the keynote address.

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In his opening remarks, Mr. Springett thanked the Minister of Arts and Culture for hosting this conference. He then stated that it was a very auspicious day to begin the Regional Conference on the protection of Cultural Heritage as it was on this day that tribute was paid to Nelson Mandela through the designation of Nelson Mandela Day. As the United Nations Resident Coordinator for Mauritius, he is responsible for ensuring that United Nations activities are aligned with the Government’s priorities, the 2030 Sustainable Development Agenda and the Africa Union Agenda 2063. These agendas include important cultural elements. He informed the audience that in Mauritius, there are two World Heritage sites, namely the Aapravasi Ghat and Le Morne Cultural Landscape, which are rich in terms of cultural heritage. He further stated that cultural heritage must be used as a forefront for development and effective measures should be put in place to combat illicit trafficking. He was confident that this conference will provide a platform to examine the challenges facing cultural heritage protection in the region, and that the African Union Agenda 2063 hand in hand with 2030 Sustainable Development Goals will serve as a guide towards the right direction for cultural heritage protection. To conclude, he requested all the participants to seek the opportunity to learn about the unique Cultural Heritage of Mauritius.

In her remarks, Ms. Ndong Jatta, thanked the Ministers for their presence in this conference and especially the Minister of Arts and Culture of Mauritius for hosting the gathering. She stated that it is important to get engaged together on such an important subject of great concern on a regional, national and global level. She recalled that the goal of this meeting is to have all stakeholders, decision makers and various partners strengthen synergies to protect cultural heritage in the region. She invited all participants to join the UNESCO #UNITE4HERITAGE campaign for the protection and promotion of cultural heritage. She called on all Ministers to work for the inclusion of culture in their National Plans for Development, and called on all participants to do their part for the effective safeguarding and protection of cultural heritage. She stressed the potential of culture as a vector for sustainable development, which would

7 benefit many through income and employment. She concluded her intervention with a recent quote from the Director General of UNESCO, Ms. Irina Bokova:

“Culture implies more than just monuments and stones – culture defines who we are. It carries universal values and the many faces of our shared humanity. It is the wellspring of collective imagination, memory and belonging. It is a source of resilience, well-being and social cohesion. It is a force for recovery, creativity and innovation. When peoples’ cultures are threatened, when their heritage is deliberately attacked, when their cultural rights are violated, we must respond with more culture, more knowledge, more unity. When culture is at the frontline of crisis, it must also be on the frontline of recovery and peace-building. Development cannot be sustainable without culture and there can be no lasting peace without respect for cultural diversity and artistic freedom. Protecting culture and heritage means protecting people. This is what UNESCO stands for.”

In her opening remarks, Hon. Leela Devi Dookun-Luchoomun welcomed the Ministers and high level Government Representatives from the 13 countries of the region as well as the development partners and stakeholders. She stated that the preservation and protection of cultural heritages is a subject that has gathered tremendous momentum during the last few decades and cultural heritage encompasses such a vast array of terms ranging from tangible to intangible heritage, which should be maintained and bestowed for the benefit of future generations. The safeguarding of culture directly contributes to the attainment of the SDGs of the global community. Furthermore, culture has a crucial role to play in making cities and human settlements safe, resilient and sustainable.

She expressed her concern about cultural heritage being at risk in a world with growing number of natural disasters and worse, armed conflicts however, the adoption of Resolution 2347 by the United Nations Security Council on the Protection of Cultural Heritage and the “Florence Declaration” by Ministers of Culture of the G7 in this very year sends a clear signal about the

8 timeliness of this coordinated action. While there should be an increased awareness of the issues involved leading to the defining of common actions, ways and means to enhance and sustain identified actions have to be determined and collaborative actions through joint ventures have to be envisaged. However, she stated that such safeguarding comes with a heavy price tag: sustainability can be and, generally is a costly enterprise! She reiterated that there is the requirement for more awareness-raising activities for cultural heritage conservation.

To conclude, she called on all participants to contribute forceful, tangible and implementable recommendations for presentation to the Ministerial Roundtable that will follow.

The Hon. Roopun, in his opening remarks, welcomed all participants to the conference. He stated that when heritage is being discussed, this invariably brings everyone to their past, their origins and their history. Being a very young Nation, Mauritius has singlehandedly created a strong nation based on the diversity of origin of its people. He applauded the new UN Resolution 2347, which focuses on protecting cultural heritage, and stated that there must be the willingness of new commitment to dialogue and understanding as armed conflicts and terrorist activities are seriously jeopardizing the lives and properties of people, including our invaluable cultural heritage.

He noted that Mauritius is a signatory to several UNESCO Conventions in the field of culture but it is not yet a signatory to the two protocols of the 1954 Convention nor the 1995 UNIDROIT Convention, which the Ministry of Arts and Culture intends to work towards ratifying.

Mauritius has two World Heritage sites: Aapravasi Ghat and Le Morne Cultural Landscape, with links to the slave routes and to indentured labourers. Mauritius also boasts two Intangible Cultural Heritage inscriptions: the Bhojpuri folk songs in Mauritius, Geet-Gawai in 2016 and the Traditional Mauritian Sega in 2014. The Sega tambour of Rodrigues Island will be considered for

9 inscription on the representative list of Intangible Cultural Heritage of Humanity in December 2017. While Sega Tipik was practiced by slaves, the Geet Gawai was practiced by the indentured labourers.

He called on participants to make use of the variety of tools and normative instruments available for the protection of cultural heritage. He concluded by saying that a great responsibility lies in our hands and it is essential to find appropriate, wise and acceptable solutions to the challenges facing the continent in terms of heritage preservation and in the combat of illicit trafficking of cultural property. He then officially declared the meeting open.

In his Keynote Address, Prof. George Abungu stated that culture is the foundation of our being and can be used as a means for reconciliation in dire times. He noted that heritage faces different challenges, which can be faced with protective measures under the UNESCO 1954, 1970 and 1972 Conventions, which aim to protect both movable and immovable heritage as well as cultural landscapes. He gave the example of Mount Kilimanjaro in Tanzania as a significant cultural landscape - a place of sacredness and human use. Furthermore, UNESCO has recognized the importance of safeguarding rock art across Africa, including the Laas Geel site in Somaliland. He also offered examples in Mauritius, such as the Creole architecture, and noted that the National Heritage Fund has done some commendable works in its preservation. There are many challenges being faced by cultural heritage, including the illegal transfer, theft, pillage and trade of cultural objects.

Prof. Abungu underscored the role of cultural heritage in sustainable development, and urged all participants to raise awareness of the need for cultural heritage protection. He recalled the importance of risk management plans for heritage sites, and shared the example of the Tombs of Buganda Kings at Kasubi in Uganda, which lacks a risk management plan and has been victim to two fires that have almost destroyed the heritage of the Kasubi community. This resulted in

10 the entire country mourning and the site being placed on the List of World Heritage in Danger. He stressed the importance of traditional knowledge of heritage being disseminated to future generations through intergenerational exchanges with elders, through education and outreach at museums and through interpretation and safeguarding of movable cultural heritage.

Prof. Abungu stated that community participation plays an important role in the restitution process of artworks, such as the Vigangos of the Mijikenda Community in Kenya.

In speaking of threats to Mauritius heritage, he referred to a CNN news feature on 24 November 2016, which announced that the bones of the dodo bird were being sold for 431,000 USD in an auction house.

Prof. Abungu gave more examples of some of the threats and challenges facing heritage, including neglect, natural threats, overexploitation and vandalism. He said that historic buildings and monuments hold memories. Adequate legal frameworks should be implemented to protect them, and there must be political will and support from both the community and political groups to safeguard heritage.

He concluded his address by saying that raising awareness of the significance of heritage is of equal importance to safeguarding heritage. He urged the participants, and especially the ministers present, to work towards the ratification of all UNESCO Heritage Conventions - stressing that they are interrelated and complimentary for the effective safeguarding and protection of heritage.

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3.0 Presentation of the Agenda and objectives of the Conference To achieve and meet the objectives and expected outcomes of the conference, an agenda with the following organizing principles was proposed and adopted: An opening session designed to provide the contextual backdrop against which the Regional Conference is organized, which featured insights on challenges and solutions as described by policy-makers (ministers and representatives) and the UN partners and stakeholders; plenary sessions during which countries articulated their ideas to strengthen synergies for the protection of cultural heritage in relation to their national priorities and targets; and panels discussions to address key thematic areas deserving particular attention and for which recommendations needed to be made. One of the ultimate outcomes of the Regional Conference was the issuance of a Regional Ministerial Statement in order to frame the regional cooperation for the protection of cultural heritage. The detailed agenda is at Appendix 1 of this report.

4.0 Thematic Panels: Discussing Key Areas The overall objective of the thematic panels was to explore key challenges and bottlenecks for the protection of cultural heritage and possible solutions to strengthen policies and implementation of UNESCO Conventions and/or national legislation for cultural heritage protection. Therefore, panels were organized in such a way that they brought to the forum conceptual clarification and good practices. The composition of the panels reflected this concern as key UN and other bilateral or multilateral agencies that have the mandate or, are specialized in the focus areas of the Agenda were invited to contribute to the discussions along with countries that have managed to formulate and implement concrete responses to the challenges in programmatic terms. It was expected that the panel discussion would provide ideas for regional cooperation and the creation of communities of practice within the Eastern African Region.

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4.1 Safeguarding Measures for the Protection of Cultural Property in the Event of Armed Conflict

Introduction to the 1954 Convention for the protection of cultural heritage in times of armed conflict and UNESCO Database of National Cultural Heritage Laws The first session of the conference started on the afternoon of 18 July 2017 with a detailed introduction to the UNESCO 1954 Convention for the Protection of Cultural Property in the Event of Armed Conflict and its two (1954 and 1999) Protocols.

The presentation, which was given by the Programme Specialist for Culture from UNESCO’s Regional Office for Eastern Africa, Ms. Karalyn Monteil, highlighted the need to build a culture of peace and reconciliation. The intentional targeting and systematic destruction of cultural heritage in all regions of world, including in Africa has reached alarming and unprecedented levels. The joint efforts of both the ICRC and UNESCO are vital in protecting humanity’s cultural heritage. All crimes committed against cultural heritage are now being addressed by the International Criminal Court (ICC). Ms. Monteil pointed out that there is a shift from looking at the impact of war and conflict on heritage to looking at the impact of heritage on war and conflict. She noted that Culture is being used in different ways: as a resource for development, national identity, dialogue and social cohesion. In June 2015, UNESCO launched the #UNITE4HERITAGE Campaign to raise awareness against the destruction of cultural heritage around the world.

Tools and resources: supporting domestic implementation of laws for the protection of cultural heritage Dr. Eve Massingham, Regional Legal Adviser, International Committee for the Red Cross (ICRC), provided an intervention on the support that the ICRC’s Legal Advisory Service can provide to states who are interested domesticating the Hague Cultural Property Convention and its Protocols. Dr. Massingham noted that the ICRC has a unique legal

13 mandate under the laws of armed conflict (the Geneva Conventions of 1949) to promote international humanitarian law (IHL). She spoke of the protections under IHL for the civilian population, but also the specific protections for places of cultural significance to the civilian population. Dr. Massingham explained that within the ICRC there is a team dedicated to supporting states to implement IHL obligations. She directed the group to the ICRC tools in support of domestication of protections for cultural property in armed conflict, including a model law for domestication of the Hague Cultural Property Convention.

African World Heritage: Cultural Heritage protection and management Dr. Webber Ndoro, Director of the African World Heritage Fund addressed “African World Heritage: Cultural Heritage protection and management”. In his presentation, he noted that African heritage is under represented on the UNESCO World Heritage List, and many African States Parties to the 1972 World Heritage Convention, have no sites inscribed on the World Heritage List. However, there is a high number of African sites on the List of World Heritage in Danger, due to war and conflicts or because the site management is not effective. Dr. Ndoro underscored that challenges should be well defined, and ways to protect heritage should be identified. Climate change and demographic mobility are also factors to be considered for heritage protection. He recalled that the African Union Agenda 2063 highlights in Aspiration 5, its vision for an Africa with a strong cultural identity, common heritage, values and ethics. Dr. Ndoro noted that development is a human and collective effort; yet heritage is often excluded when discussing development. Furthermore, heritage can be used as an economic asset, as the identity of people and a stimulant to development. Due to the high level of poverty and unemployment around the World Heritage sites in Africa, Dr. Webber called for more partnerships with the private sector and identifying means for communities to benefit from the World Heritage sites.

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Safeguarding measures for the protection of cultural property in Mauritius Dr. Nalini Luckheenarain, Permanent Secretary, Ministry of Arts and Culture of the Republic of Mauritius, spoke of the Safeguarding measures for the protection of cultural property in Mauritius. She started her presentation highlighting how Mauritius is a multi- cultural society rich with tangible and intangible heritage. The vision of the Ministry of Arts and Culture is to foster a balanced and harmonious Mauritian Society through consolidation of national unity, promotion of creativity and the celebration of cultural values. With the 3 Year Strategic Plan for 2017 to 2020, safeguarding tangible and intangible National Cultural Heritage and promoting sustainable economic development for Mauritius has become a reality. For example, the local film industry is being encouraged to promote the image of Mauritius as a preferred film shooting destination. Even though there exists a number of challenges and threats to the cultural heritage, the focus should be on the strengths and, in finding long term and effective solutions such as research programs, legislations, education and awareness campaigns. Dr. Luckheenarain concluded by encouraging participants to maximize the benefits and opportunities that the cultural sector provides.

Eritrea’s experience working with local communities for the protection of cultural heritage In the case of Eritrea, Dr. Yosief Libsekal, Director of the National Museum of Eritrea, shared Eritrea’s experience working with local communities for the protection of cultural heritage. He presented four case studies highlighting the participation of local communities, namely: the Acheulean sites of Buya, the Cultural landscape of Qohaito, the Stele of Metera and the Medieval Church of Kidane Mehret. Dr Libsekal argued that the absence of an inclusive heritage management plan in some African countries demonstrates the failure in thinking about how and why cultural heritage is to be

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managed, studied and effectively communicated to communities. In practice, effective heritage management indicates how to develop the capacity of local communities in managing their heritage resources. In addition to cultural heritage sites, he gave the example of community outreach programmes at the National Museum of Eritrea, which target the inclusion of marginalized visitors (ie: blind or handicapped) for customized visits during the annual International Museum Day celebrations on 18 May.

4.2 Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property

Introduction to the 1970 UNESCO Convention, ICPRCP, Bilateral Agreements On 19 July 2017, Mr. Ieng Srong, Chief of UNESCO Movable Heritage and Museum Section provided an introduction to the UNESCO 1970 Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property as well as the work 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 1970 Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property is the UNESCO legally- binding international treaty providing a comprehensive framework for the fight against illicit trafficking of cultural property.

In his introduction, he stressed the fact that illicit trafficking of cultural property has become a crucial source of financing for terrorist organizations. It is now a matter of global security that brings new responsibilities to international organizations in the fight against illicit trafficking and the return and restitution of cultural property for which greater efforts must be made to strengthen preventative mechanisms. He shared alarming facts and figures such as: 6 billion US dollars worth of goods stolen each year, including the loss of irreplaceable 2,000 year old artefacts; over 400 cultural sites have

16 been looted in the Levant by ISIS so far; and more than 10,000 cultural goods are currently under terrorist control. Nevertheless, he pointed out that the trade in in cultural property is not a new phenomenon, it has existed for centuries. Over the years, countless art and artefacts have been stolen from archaeological sites, tombs, storage facilities and museums around the world. Many of these priceless cultural properties find their way into the hands of dealers, auction houses and private citizens around the world, occasionally cultural property is intercepted by customs and returned to their rightful owners and sometimes stolen cultural property never resurfaces.

The 1970 Convention was initially adopted by UNESCO Member States in response to an increase in thefts of cultural property from museums and archaeological sites in the 1960s. As with other UNESCO Conventions, the level of protection is increased by the level of ratification, which is quite low for the Africa region and especially for East Africa. Not only do Member States need to be sensitized to the benefits of ratification of the 1970 Convention but they also need capacity building in implementing the Convention and taking advantage of its numerous resources and network of partners.

The main pillars of the 1970 Convention are prevention, return and restitution and international cooperation. Article 7 of the Convention refers to preventive measures to impede illicit import and export of cultural objects and stipulates that State Parties take appropriate steps to return cultural properties. Mr. Srong gave examples of bilateral agreements for import and export controls, and national initiatives such as the Italian Carabinieri, the national gendarmerie of Italy, which is policing both military and civilian populations and contributing to the international fight against illicit trafficking of cultural property.

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Introduction to 1995 Convention and the Model Provisions on State Ownership of Undiscovered Cultural Objects / modalities of ratification of international instruments Ms. Marina Schneider, Senior Legal Officer & Treaty Depositary at the International Institute for the Unification of Private Law (UNIDROIT) introduced the institute and its 1995 Convention.

She explained that UNIDROIT is an Intergovernmental organisation founded in 1926 and based in Rome, Italy. It has 63 Member States (but only four from the African continent: (Egypt, Nigeria, South Africa, and Tunisia, and none from East Africa). The fundamental objective of UNIDROIT is “harmonising and co-ordinating the private law of States ... and preparing for the adoption by various States of uniform rules of private law”. UNIDROIT has published over eighty studies and drafts, many of which have resulted in international instruments.

She explained that 1995 UNIDROIT Convention on Stolen or Illegally Exported Cultural Objects is the armed wing of the UNESCO 1970 Convention; and the 1995 UNIDROIT helps States with international claims for the restitution and return of cultural objects.

Article 3 of 1995 Convention specifies that: the possessor of a cultural object, which has been stolen, shall return it. The right to a reasonable compensation will be granted only when the possessor can prove that he/she exercised due diligence when acquiring the object as read in Article 4(1). The criteria to establish due diligence are to be found in Article 4(4). The time limitations for seeking a request for restitution or return are specified in Articles 3(3) and 5(5).

Through provisions such as those in the aforementioned Articles, the main weaknesses of the 1970 UNESCO Convention are remedied through ratification of the 1995 UNIDROIT

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Convention on Stolen or Illegally Exported Cultural Objects. The two Conventions are compatible and complementary. However, one important difference is that the 1970 Convention has an obligation to have a transposition law to implement the provisions of the 1970 Convention; whereas, the 1995 UNIDROIT Convention is self-executing. It has direct application, and there is no need to have an implementing law.

Ms. Schneider provided an overview of other normative instruments addressing this pressing issue for the Africa region. The Culture Charter for Africa, which dates back to 1976 refers to return or restitution of cultural property in Article 28. Since 1995, all United Nations General Assembly Resolutions on restitution call for the ratification of the 1970 and 1995 Conventions. The 2000 Cotonou Agreement also refers to return or restitution of cultural property. In 2013, the African Union Agenda 2063 included a reference under Aspiration 5, point 43: “Africa’s stolen culture, heritage and artefacts will be fully repatriated and safeguarded.”

She pointed out the importance of using the UNESCO Database of National Cultural Heritage Laws. Ms. Schneider also stressed that neither the UNESCO 1970 nor the UNIDROIT 1995 Conventions are retroactive, but also suggested that States can decide to adopt broader positions and they can also negotiate through the ICPRCP. The concept of due diligence of the 1995 UNIDROIT Convention has become a benchmark, and has a strong influence on national legislations and on case law, also in countries not Parties to the 1995 Convention. Ms. Schneider went into detail on the modalities of ratification or accession and clarified compulsory and optional declarations to be made.

Lastly, she provided an overview of ongoing activities for outreach, awareness raising and capacity building; notably a UNIDROIT Scholarships Programme for lawyers/Legal assistance, which is available and under-utilized by African countries, as well as an academic project to facilitate the study of the 1995 Convention.

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Police International Cooperation - Working with specialized police corps and use of Object ID In her presentation, Ms. Françoise Bortolotti, Criminal Intelligence Officer in the Works of Art Unit at the International Police Organisation (INTERPOL) explained the efforts of INTERPOL to fight the illicit traffic of cultural property. Interpol works in collaboration with other instances (national, regional and international) in times of war and crisis by giving support to 190 Member States. They issue news releases to raise awareness of thefts and looting, and feature stolen works of art on their database. Unfortunately, very few stolen objects from Eastern Africa and the adjacent Indian Ocean Islands States are featured on the database, and more input is needed from the region. In fact, only 18 objects from the region are currently registered on the INTERPOL Database of Stolen Cultural Objects: ● 12 objects from Ethiopia ● 3 objects from Rwanda ● 1 object from Tanzania, Madagascar ● 2 objects from Mauritius ● None from Comoros, Djibouti, Eritrea, Kenya, Seychelles, Somalia, South Sudan and Uganda

She highlighted the importance of the recent UN Resolutions related to the protection of cultural heritage. For example, the UN Security Council Resolution 2199 states that all Member States shall take appropriate steps to prevent the trade in Iraqi and Syrian cultural property and for other items of archaeological, historical, cultural, rare scientific and religious importance illegally removed from Iraq. She also highlighted the Object ID minimum international standard for describing art, antiques and antiquities in museum inventories, which was developed through the collaboration of the museum community,

20 police and customs agents, the art trade, insurance industry, and valuers of art and antiques. The Object ID standard is promoted by the International Council of Museums (ICOM). Ms. Bortolotti shared an example of the new European programme: Protection SYstem for Cultural HEritage (PSYCHE), financed by the European Union. PSYCHE includes a system of web formatted messages as well as software for automated image comparison for police offers in different countries to use in the fight against illicit trafficking of cultural property. Lastly, Ms. Bortolotti presented examples of INTERPOL awareness raising campaigns such as the « Most Wanted » posters about stolen works of art.

2015 UNESCO Museum Recommendation Mr. Ieng Srong, Chief of the Movable Heritage and Museums Section presented the new 2015 UNESCO Recommendation concerning the Protection and Promotion of Museums and Collections, their Diversity and their Role in Society. He explained that the elaboration of the Museum Recommendation, which was formally adopted by the 38th session of the UNESCO General Conference on 17 November 2015, was built upon the standards and principles laid down in existing international instruments referring to the place of museums, and to their related roles and responsibilities, which date back to 1960. The new Recommendation establishes a set of global guidelines for the protection and promotion of museums and collections, which is to become the cornerstone of international museum policies. The adoption of this new recommendation reflects the international community’s strong commitment to assisting museums in fulfilling their roles in contemporary society to promote sustainable development and intercultural dialogue. Mr. Srong pointed out that Museums are one of the most prominent institutions for safeguarding heritage in its all forms, thus contributing to many of the Organization’s fundamental missions.

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Roles and resources of museums and museum professionals in safeguarding cultural property Mr. Terry Nyambe, International Council of Museums (ICOM) Executive Board Member, provided an overview of ICOM’s roles and actions as well as available resources for its 36,000 museum professional members. He introduced the ICOM Code of Ethics for Museums, which should be incorporated into national law and is included in the new UNESCO Recommendation on Museums and Collections. He explained the ICOM Disaster preparedness and response programme for museums. ICOM, as one of the founders of the International Committee of the Blue Shield (ICBS), actively helps in fighting against illicit trafficking of cultural property as well as the protection of cultural property in times of armed conflict. ICOM Code of Ethics forbids museums from acquiring, authenticating or exhibiting stolen or illicitly exported cultural goods. He emphasized the importance of museums having proper documentation of their collections; underscoring that without documentation, they cannot claim ownership. Mr. Nyambe highlighted the work ICOM Members are carrying out around the world through the ICOM Disaster Risk Management Committee. He gave the example of ICOM Red Lists, a tool to raise awareness of types of cultural objects at risk of illicit trafficking. He also introduced the ICOM International Observatory on Illicit Traffic.

African Museums Perspective Dr. Rudo Sithole drew on her experience as the former Director of the International Council of African Museums (AFRICOM) to provide a comprehensive overview and context of African museums in her presentation: “Preventing the illicit trafficking in African heritage: African museums perspective”. AFRICOM was established in the year 2000 as a result of a series of meetings held by the International Council of Museums (ICOM) on the African continent. The idea was to try and address the needs of Africa’s post-colonial museums and professionals. The main question that drove the formation of

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AFRICOM was “What museums for Africa?”. The creation of AFRICOM, through its mission, was perceived as part of the answer to that question. The objectives of AFRICOM were to: • Promote development of museums and museum related institutions in Africa in the context of global development; • Promote the development of professions on which museum activities are built; • Strengthen collaboration among museums and museum professionals in Africa, and develop exchanges with museums and museum professionals abroad; • Promote the participation of all sectors of society in the protection and appreciation of cultural and natural heritage; • Fight against the illicit trafficking of African Heritage.

Dr. Sithole began by pointing out that before independence, professionals of museums were white and technicians were black. Since there were no African professionals, there was a need to train Africans. It was through the sharing of information and ideas on what to do in museums that collaboration was strengthened among African museum professionals and between African and international museums. Museums and heritage sites have created employment for a number of Africans, and tourism to museums and heritage sites has helped to generate income for local communities and businesses. In the fight against illicit trafficking of cultural property, inventories and documentation are among the priorities of African museums. Dr. Sithole stated that it is estimated that 50- 90% of African museums’ cultural material is currently out of Africa. “Do we still have our full identity when there are more Benin bronzes in the US than in Nigeria, more Vigango in the US than in Kenya and more Dogon in France than in Mali?,” she asked. She answered with a quote from Aga Khan in 2002: “Without cultural identity, social cohesion gradually dissolves, and human groups lose their necessary reference point to relate to each other, and with other groups.”

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Dr. Sithole referred to the “shining example” of Dr. Zahi Hawass, an Egyptian archaeologist, Egyptologist, and former Minister of State for Antiquities Affairs, who has been instrumental in repatriating more than 6000 objects back to Egypt over the past decade.

She also shared the results of a 2013 AFRICOM Needs Assessment, which identified the top four greatest needs of African museums: 1. Documentation and Inventorying of Collections 2. Collections Care 3. Professional Development 4. Exhibition Design and Development

Regarding security measures in African museums, the survey further revealed that only 36% of the museums have a written security policy; only 46% have written security procedures; and only 17% of the museums have electronic surveillance systems. In response to this, Dr. Sithole asked “how are the rest of the museums securing their collections without these essential documents and gadgets?”. Dr. Sithole recalled the two main issues identified during a recent UNESCO workshop on illicit trafficking in Southern Africa: 1. Lack of collaborations and networks between museums and law enforcement agencies such as police, immigration and customs 2. Insider thefts (which were also identified during the AFRICOM Survey in 2013)

As a way forward, Dr. Sithole proposed that in order to effectively stem the tide of illicit trafficking in African cultural objects, there is an urgent need to: develop appropriate documentation and security policies and procedures; activate implementation of those

24 policies through workshops to train museum professionals; establish a team of African professionals to find and document those objects that are outside of Africa; work together for repatriations, loans and sharing of information. In closing, Dr. Sithole underscored the need for African museums and vital pan African organizations such as AFRICOM, to be funded by African States rather than international donors from outside the continent.

Case study of Return and Restitution through the ICPRCP of the Makonde Mask to the National Museum of Tanzania Mr. Audax Mabula, Director of the National Museum of Tanzania, presented the United Republic of Tanzania’s experience trying to recover the Makonde Mask. He recalled that the Makonde is a cultural heritage asset stolen from Tanzania in 1954. The mask is made of human hair and lightwood. Over the years, Tanzania attempted to recover the mask through bilateral negotiations, but was unsuccessful. In 2006, the United Republic of Tanzania solicited the UNESCO Intergovernmental Committee for Promoting the Return of Cultural Property to its Countries of Origin or its Restitution in case of Illicit Appropriation (ICPRCP) to act as a mediator between the National Museum of Tanzania and the Barbier-Mueller Museum in Geneva, Switzerland. After 20 years of negotiations between the parties—including four years of mediation led by the ICPRCP, the mask was returned to the government delegation of the United Republic of Tanzania by representatives of the Barbier-Mueller Museum during a ceremony held in Paris, France on 10 May 2010.

Case study of Return and Restitution of the Vigango to the Kaya Community in Kenya Prof. George Abungu, archaeologist and international heritage consultant, gave an overview of the history of illicit trafficking of the Vigango, which are carved wooden statues (totems) in abstract human forms belonging to the Mijikenda communities of the Sacred Mijikenda Kaya Forests World Heritage site in Kenya. Prof. Abungu explained that

25 the Vigango are believed to represent departed ancestors who have passed away. They are also believed to predict calamity and are prayed to prevent disasters. Over the years, hundreds of Vigango have been illicitly removed from the Kaya Forest without the community’s consent, and are in need of repatriation. Today, many are found in contemporary art galleries, private collections and in university museums, notably in the USA. Although bilateral relations have succeeded in having numerous vigango repatriated or agreed to be returned to Kenya, the high price of taxes have resulted in most of the objects being stuck in airport storage awaiting the high tax payments.

Awareness-raising tools and resources Ms. Karalyn Monteil, Culture Programme Specialist at the UNESCO Regional Office for Eastern Africa, presented UNESCO’s awareness-raising tools and resources. She explained that UNESCO responds to crisis through: advocacy and awareness raising; documentation and monitoring; and capacity building and technical assistance. UNESCO Member States work together as a Global Coalition. UNESCO unites a wide range of actors from different professional fields to strengthen efforts in the protection of cultural heritage. In June 2015, UNESCO launched the #Unite4Heritage campaign against the destruction of cultural heritage. Since 1959, UNESCO has launched international safeguarding campaigns to raise awareness about cultural heritage at risk in Egypt, Cambodia, Afghanistan and Iraq, etc. UNESCO maintains web pages on cultural heritage at risk, the protection of cultural heritage in times of armed conflict and the fight against illicit trafficking of cultural property. Numerous publications, films and video clips have been produced and Information Kits on UNESCO Normative Instruments in the field of culture are available. Numerous tools aim to reach youth such as comic books on illicit trafficking, poster campaigns, “cultural heritage in a box” and Facebook live chatting. UNESCO also works to fight trafficking of cultural property on the Internet in collaboration with Interpol and ICOM.

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5.0 Outcome of Breakout Sessions Following the presentations, participants in the conference were broken into three groups (two Anglophone and one francophone group) to discuss the following questions in relation to the protection of cultural property in times of armed conflict and the fight against illicit trafficking of cultural property in the Eastern Africa and adjacent Indian Ocean Islands States region: 1) What are the current threats to cultural property in your country/region? 2) What are the challenges your country/region faces to protecting cultural property? 3) Are existing tools/structures adequate? If not, what is required?

Each group elected a moderator and rapporteur and their conclusions and recommendations were presented in a plenary session on the afternoon of 19 July 2017. The participants came up with the following list of threats, challenges and conclusions:  Lack of awareness of the value and need to protect of cultural property and heritage on all levels and among all stakeholders from community to political decision makers; including low profiling of the value of heritage and culture and its role in sustainable development;  Lack of cultural indicators to demonstrate the impact of culture on economic development (sustainable development);  Lack of political will and commitment to put in place and implement legal frameworks for cultural heritage protection, and negative political interference;  Lack of coordination within government and non-state actors tasked to protect cultural property and cultural heritage (leads to lack of synergies between sustainable development and heritage conservation);  Negative impact of human and natural disasters on cultural property and heritage, including vandalism, war and conflicts;  Lack of harmonization between traditional and contemporary;

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 Lack of community involvement in protection of cultural heritage, especially youth and traditional bearers (indigenous communities);  Lack of policy and legislative frameworks for the protection of cultural heritage, especially in times of conflict, and for the fight against illicit trafficking of cultural property, and lack of community involvement in the development and implementation of policy/legislative frameworks;  Lack of planning for the management of cultural heritage in times of armed conflict and for the fight against illicit trafficking of cultural property, especially in terms of Disaster Risk Management and Preparation as well as Recovery; and in terms of lack of documentation and inventories of cultural property and heritage;  Lack of human, financial and technical capacities to protect cultural heritage, especially in times of conflict, and fight against the illicit trafficking of cultural property;  Lack of available traditional materials for conservation, need to identify African sources for materials and skills.

6.0 Recommendations Based on the challenges and conclusions identified during the breakout sessions, the participants suggested several recommendations for increasing protection of cultural heritage and fighting illicit trafficking of cultural property:  Develop cultural indicators/statistics to demonstrate the impact of culture on sustainable and economic development;  Raise awareness of cultural heritage values and their protection among all stakeholders (civil society, public and private sectors and financial partners), and engage them in the protection of cultural heritage with particular emphasis on youth through the use of Heritage Protection Ambassadors;  Enhance advocacy to ensure political will for cultural heritage protection in existing platforms such as the Regional Economic Commissions (RECs), university and heritage

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networks, among others as well through the creation of a regional Award for Best Practice and through bilateral and multilateral agreements;  Develop and enforce national Cultural Policy, Strategies and Actions plans for heritage management and protection with the involvement of communities and other stakeholders, in line with the UN Sustainable Development Goals and the AU Agenda 2063;  Develop adequate and updated management plans, documentation and inventories for cultural heritage protection, which include Disaster risk preparedness and take into account traditional knowledge systems;  Consider creating an independent common African Fund for the protection of cultural heritage in times of conflict and also in times of peace;  Prioritize capacity building in all fields and areas of cultural heritage protection and management including traditional knowledge systems; and optimize exchange of resources and partnerships;  Strengthen and sustain the capacity of existing Pan African heritage institutions, including the African World Heritage Fund (AWHF), the International Council of African Museums (AFRICOM), the Ecole du patrimoine africain (EPA) and the Centre for Heritage Development in Africa (CHDA) ;  Ratify and implement Cultural Heritage Conventions for the protection of cultural heritage (UNESCO 1954, 1970, 1972, 2001, 2003, 2005 and UNIDROIT 1995) and harmonize corresponding texts in the national legislative and policy frameworks;  Develop and use adequate monitoring tools for cultural heritage protection and management, as well as for the fight against illicit trafficking of cultural property; including the creation, development or updating of national inventories; creation of a national database of cultural property (museums, heritage sites, etc) and regular inputs into the Interpol Database of stolen Works of Art; as well as use of Heritage Impact Assessments for development projects.

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The final recommendations from the conference can be found in Appendix 2 of this Report.

7.0 Moving Toward a Regional Statement: the Ministerial Roundtable On 20 July 2017, the Ministers in attendance from the Eastern Africa and the adjacent Indian Ocean Islands States Region (Mr. Moumin Hassan Barreh, Djibouti’s Minister of Culture, Islamic Affairs and Endowments; Mr. Ramadan Ashenafi Hojelle, Ethiopia’s State Minister; Mr. Prithvirajsing Roopun, Mauritius’ Minister of Arts and Culture; Mr. Abdi Dahir Osman, Somalia’s Minister of Education, Culture and Higher Education, and Dr. Nadia Arop Dudi Mayom, South Sudan’s Minister of Culture, Youth and Sports) participated in a Roundtable designed to discuss and agree on the policy challenges and priorities to strengthen synergies for the protection of cultural heritage in the region, which emerged from both of the thematic panels during the conference. The discussions and recommendations emanating from the roundtable were to be fed into the regional statement to be adopted by participating Ministers.

The Honorable Minister of Arts and Culture of Mauritius formally opened the Roundtable. The Director of the UNESCO Regional Office for Eastern Africa, Ms. Ann Therese Ndong Jatta gave the introduction and overview of the agenda. Opening remarks were made by the Somalia’s Minister of Education, Culture and Higher Education.

Following this, UNESCO presented the results of the regional survey carried-out on the current level of protection of cultural property in the region. The results demonstrated the low level of ratification of normative instruments in the field of cultural heritage protection and the need for awareness raising and capacity-building. They also showed the need for UNESCO Member States to take advantage of existing tools, resources and expertise.

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The Ministers were then given a short overview of the context for the meeting including the international recognition of the need to protect cultural heritage (UN resolutions, etc) as well as the international normative instruments for the protection of cultural heritage. They were also presented with a snapshot of the partnerships, networks and resources available for the protection of cultural heritage.

Lastly, the recommendations of the regional conference were presented by Prof. George Abungu and discussed by the Ministers.

The Ministers built on these recommendations to develop their joint statement, which confirmed their commitment to become party to international legal instruments in the field of cultural heritage protection in order to strengthen their national heritage protection, and to increase collaborations in order to increase the level of cultural heritage protection regionally.

The Ministers took turns sharing experiences, policies, challenges and recommendations for the protection of cultural heritage.

Following the Roundtable discussion, a draft statement was reviewed by the Ministers. Suggestions for revision of the Statement were made and there was a general consensus to approve the final statement (Appendix 3).

8.0 Closing of the Forum The Honorable Minister of Arts and Culture of Mauritius provided the closing remarks of the Forum. He reiterated the support of the partners and stakeholders and indicated that the passionate debate about the way forward and the Statement convinced him of the importance given at the highest level for the protection of cultural heritage. He thanked the participants for their contributions to the meeting and wished them great success in the work to follow in their respective countries.

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Appendix 1: Agenda of the Conference

REGIONAL CONFERENCE AND MINISTERIAL ROUNDTABLE TO STRENGTHEN SYNERGIES FOR THE PROTECTION OF CULTURAL HERITAGE IN EASTERN AFRICA AND THE ADJACENT INDIAN OCEAN ISLAND STATES

Moka and Balaclava, Mauritius 18 July 2017- Opening Session at the Hotel InterContinental Mauritius Resort Balaclava Fort 18-19 July 2017- Conference at the Voila Bagatelle Hotel 20 July 2017- Ministerial Roundtable, Hotel InterContinental Mauritius Resort Balaclava Fort

DAY 1 – Tuesday, 18 July 2017 TIME SESSION PRESENTER I. Opening Session - Location: Hotel InterContinental 9:30 am Opening address Master of Ceremony Ms. Vreshini Raojee 9:35 am Welcoming Remarks Master of Ceremony  Mr. Simon Springett, United Nations Resident Ms. Vreshini Raojee Coordinator for Mauritius  Ms. Ann Therese Ndong Jatta, Director of UNESCO Regional Office for Eastern Africa  Hon. Leela Devi Dookun-Luchoomun, Minister of Education and Human Resources, Tertiary Education and Scientific Research 10:00 am Official Opening Statement Master of Ceremony  Hon. Prithvirajsing Roopun, Minister of Arts and Ms. Vreshini Raojee Culture of Mauritius 10:20 am Keynote presentation on the protection of cultural heritage Prof. George Abungu, in Eastern Africa and the adjacent Indian Ocean Island Archaeologist, Intl. Heritage States Consultant, UNESCO expert 10:50 am Group Photograph UNESCO Photographer 11:00 am Coffee break II. Safeguarding Measures for the Protection of Cultural Property in the Event of Armed Conflict – Location: Voila Bagatelle Hotel 12:00 pm Presentation of Agenda and Objectives of the conference Ms. Karalyn Monteil, Culture Programme Specialist, UNESCO Regional Office for Eastern Africa

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12:15 pm Self-presentation by all participants Chairperson: Mr. Islam Bhugan, Director of Culture, Ministry of Arts and Culture 12:30 pm Introduction to the 1954 Convention for the protection of Ms. Karalyn Monteil, Culture cultural heritage in times of armed conflict and UNESCO Programme Specialist, UNESCO Database of National Cultural Heritage Laws Regional Office for Eastern Africa 1:15 pm Lunch Break 2:30 pm Tools and resources: supporting domestic implementation Dr. Eve Massingham, Regional of laws for the protection of cultural heritage Legal Adviser, International Committee for the Red Cross 2:50 pm African World Heritage: Cultural Heritage protection and Dr. Webber Ndoro, Director of management African World Heritage Fund 3:10 pm Safeguarding measures for the protection of cultural Dr Nalini Luckheenarain, property in Mauritius Permanent Secretary, Ministry of Arts and Culture 3:30 pm Eritrea’s experience working with local communities for Dr. Yosief Libsekal, Director of the protection of cultural heritage the National Museum of Eritrea 3:50 pm Coffee Break 3:40 pm Discussion – Question/Answer Chairperson: Mr. Islam Bhugan, Director of Culture, Ministry of Arts and Culture 4:15 pm Explanation of Break out sessions, form into groups Prof. George Abungu 4:30 Parallel sessions: Meetings of out Break Groups and Chairperson: Mr. Islam Bhugan, Meeting of the Drafting Committee for the Draft Director of Culture, Ministry of Statement Arts and Culture 5:30 pm End of Day 1

6:00 pm- Shuttle Service to/from the President’s State House for Cocktail reception 7:30 pm DAY 2– Wednesday, 19 July 2017 III. Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property – Location: Voila Bagatelle Hotel TIME SESSION PRESENTER 8:00 am Introduction to the 1970 UNESCO Convention, Mr. Ieng Srong, Chief of UNESCO ICPRCP, Bilateral Agreements Movable Heritage and Museum Section 8:45 am Introduction to 1995 Convention and the Model Ms. Marina Schneider, UNIDROIT Provisions on State Ownership of Undiscovered

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Cultural Objects / modalities of ratification of international instruments 9:15 am Question/Answer - Discussion Chairperson: Prof. George Abungu

10:00 am Coffee Break

10:15 am Police International Cooperation - Working with Ms. Françoise Bortolotti, INTERPOL specialized police corps and use of Object ID 10:35 am 2015 UNESCO Museum Recommendation Mr. Ieng Srong, UNESCO

10:55 am Roles and resources of museums and museum Mr. Terry Nyambe, International professionals in safeguarding cultural property Council of Museums Board Member 11:15 am African Museums Perspective Dr. Rudo Sithole, former Director of AFRICOM- International Council of African Museums 11:35 am Case study of Return and Restitution through the Mr. Audax Mabula, Director of the ICPRCP of the Makonde Mask to the National National Museum of Tanzania Museum of Tanzania 11:55 am Case study of Return and Restitution of the Dr George Agbungu Vigango to the Kaya Community in Kenya 12:10 pm Awareness-raising tools and resources Ms. Karalyn Monteil, UNESCO 12:20 pm Question/Answer – Discussion Chairperson: Ms. Marina Schneider, UNIDROIT 1:00 pm Lunch Break

2:00 pm Break out session 3 – Challenges for Protecting Group work moderated by: Cultural Heritage and Fighting Illicit Trafficking of Cultural Property in the region 1) What are the current threats to cultural Prof. George Abungu (Kenya), Ms. property in your country/region? Francoise Bortolotti (INTERPOL) and 2) What are the challenges your country/region faces to protecting cultural property? Ms. Catherine Muganga (UNODC). 3) Are existing tools/structures adequate? If not, what is required? 2:30 pm Presentations of Break out session 3 Rapporteurs: Conclusions of challenges for the Protection of Ms. Mamitu Yilma (Ethiopia), Mr. Cultural Property and Fight Against Illicit Hassan Ahmed Doualeh (Djibouti) Trafficking of Cultural Property in the region and Dr Eva Njoka (Kenya) 3:00 pm Coffee Break

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3:15 pm Break out session 4 – Possible Solutions Group work moderated by: 1) What are some of the past or current preventive measures, practices or solutions for Ms. Marina Schneider (UNIDROIT), protecting and fighting illicit trafficking of Ms. Francoise Bortolotti (INTERPOL), cultural property that have worked in your Dr. Webber Ndoro (AWHF) country/region? 2) What are the roles of communities, government, and civil society in protecting cultural heritage and fighting illicit trafficking of cultural property? 3) How could countries in the region work together to strengthen synergies for protecting cultural heritage and fighting illicit trafficking of cultural property? 3:45 pm Presentations of results of Break out session 4 Rapporteurs: Recommendations of Safeguarding Measures for Prof. Kebede Kassa Tsegaye (IGAD Protecting Cultural Heritage and the Fight Against Representative), Dr. Rudo Sithole Illicit Trafficking of Cultural Property in the region (AFRICOM) and Mr. Mebratu Berhan Berhe (Ethiopia) 4:15 pm Summary of conclusions and recommendations Rapporteur general: from Break Out Sessions 1-4 Prof. George Abungu (Kenya) Discussion 5:00 pm End of Day 2 6:00 pm Participants depart for the Reception Shuttle service provided 7:00 pm – Cocktail reception and Cultural Performance hosted by the Ministry of Arts and Culture 9:00 pm Location- Hotel InterContinental Mauritius Resort Balaclava Fort 9:00 pm Return transportation to Voila Bagatelle Hotel Shuttle service provided

DAY 3 – Thursday, 20 July 2017

IV. Ministerial Roundtable on Strengthening Synergies for the Protection of Cultural Heritage in Eastern Africa and the adjacent Indian Ocean Island States - Location: Hotel InterContinental Mauritius Resort Balaclava Fort 8:00 am Departure for Hotel InterContinental Shuttle service provided

TIME SESSION PRESENTER

9:00 am I. Introduction: overview of agenda and Ms. Ann Therese Ndong-Jatta, Director of expected results UNESCO Regional Office for Eastern Africa

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9:15 am Opening statement Mr. Abdi Dahir Osman, Minister of Education, Culture and Higher Education of Somalia 9:30 am Formal opening of the Ministerial Hon. Prithvirajsing Roopun, Minister of Arts Roundtable and Culture of Mauritius 9:45 am Coffee break 10:00 am Results of the Regional Survey on the Ms. Karalyn Monteil, Culture Programme Protection of Cultural Heritage Specialist, UNESCO Regional Office 10:15 am Context: International recognition of the Mr. Ieng Srong, Chief of UNESCO Movable need to protect cultural heritage Heritage and Museums Section Overview Normative Instruments for the protection of cultural heritage 11:00 am Partnerships/Networks and Resources for Ms. Marina Schneider, UNIDROIT the protection of cultural heritage 11:30 am Question/Answer - Discussion Chairperson: Ms. Ann Therese Ndong-Jatta, Director of UNESCO Regional Office for Eastern Africa 12:00 pm II. Sharing experiences and innovative Chairperson: Hon. Prithvirajsing Roopun, practices in safeguarding cultural heritage Minister of Arts and Culture of Mauritius in times of armed conflict and fighting illicit trafficking of cultural property: Case studies and experiences to be shared by participating Ministers and their representatives 12:30 pm Lunch Break

2:00 pm III. Strengthening synergies for the Chairperson: Mr. Ieng Srong, Chief of UNESCO protection of cultural heritage: Movable Heritage and Museum Section Presentation of conclusions and recommendations of the Conference 2:30 pm Discussion

3:00 pm Introduction and presentation of the Draft Mr. Islam Bhugan, Director of Culture of the Statement on the protection of cultural Ministry of Arts and Culture of Mauritius, heritage representative of the Drafting Committee for the Ministers Statement 3:15 pm Debate All participating Ministers and their representatives

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4:00 pm IV. Adoption of the Statement on Co-chaired by : strengthening synergies for the protection  Ms. Ann Therese Ndong-Jatta, Director of of cultural heritage UNESCO Regional Office for Eastern Africa  Hon. Prithvirajsing Roopun Minister of Arts and Culture of Mauritius 4:15 pm V. Closing Remarks  Dr Nadia Arop Dudi, Minister of Culture of Youth and Sports of South Sudan  Ms. Ann Therese Ndong-Jatta, Director of UNESCO Regional Office for Eastern Africa  Hon. Prithvirajsing Roopun Minister of Arts and Culture of Mauritius 4:30 pm End of Conference

4:30 pm– Press Conference All participating Ministers 5:15 pm Chairperson: Hon. Prithvirajsing Roopun Minister of Arts and Culture of Mauritius 5.15 pm - Refreshments Offered by Ministry of Arts and Culture 5.30 pm 5:30 pm Conference participants depart for Voila Shuttle Service provided Bagatelle Hotel

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Appendix 2: Final Recommendations

Ministry of Arts and Culture Republic of Mauritius

RECOMMENDATIONS

REGIONAL CONFERENCE ON STRENGTHENING SYNERGIES FOR CULTURAL HERITAGE PROTECTION IN EASTERN AFRICA AND THE ADJACENT INDIAN OCEAN ISLAND STATES 18-19 July 2017 Moka, Republic of Republic of Mauritius

The participants of the Conference on strengthening synergies for cultural heritage protection in Eastern Africa and the adjacent Indian Ocean Island States, which took place on 18 and 19 July 2017 in Moka, Mauritius, under the auspices of the UNESCO Regional Office for Eastern Africa and the Adjacent Indian Ocean Island States, and the Ministry of Arts and Culture of the Republic of Mauritius with the participation of Eastern Africa and Indian Ocean Island States,

Acknowledging the generous reception and hospitality of the Republic of Mauritius, and thanks the Honorable Minister of Arts and Culture and the Honorable Minister for Education and Human Resources, Tertiary Education and Scientific Research for their support and engagement towards the success of this conference,

Bringing together representatives from 12 of the 13 countries of Eastern Africa and the adjacent Indian Ocean Island States: Comoros, Djibouti, Ethiopia, Eritrea, Kenya, Madagascar, Mauritius, Seychelles, Somalia, South Sudan, Tanzania and Uganda,

Submit the following recommendations:

1) Develop cultural indicators/statistics to demonstrate the impact of culture on sustainable and economic development 2) Raise awareness of cultural heritage values and their protection among all stakeholders (civil society, public and private sectors and financial partners), and engage them in the protection of cultural heritage with particular emphasis on youth and through the use of Heritage Protection Ambassadors

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3) Enhance advocacy to ensure political will for cultural heritage protection in existing platforms such as the Regional Economic Commissions (RECs), university and heritage networks, among others as well as through the creation of a regional Award for Best Practice and through bilateral and multilateral agreements 4) Develop and enforce national Cultural Policy, Strategies and Action plans for heritage management and protection with the involvement of communities and other stakeholders, in line with the UN Sustainable Development Goals and the AU Vision 2063 5) Develop and implement management plans, documentation and inventories for cultural heritage protection, which include Disaster Risk preparedness and take into account traditional knowledge systems 6) Consider creating an independent common African Fund for the protection of cultural heritage in times of conflict and also in times of peace 7) Prioritize capacity building in all fields and areas of cultural heritage protection and management including traditional knowledge systems; and optimize exchange of resources and partnerships 8) Strengthen and sustain the capacity of existing Pan African heritage institutions, including the African World Heritage Fund (AWHF), the International Council of African Museums (AFRICOM), the Ecole du patrimoine africain (EPA) and the Centre for Heritage Development in Africa (CHDA) 9) Ratify and implement Cultural Heritage Conventions for the protection of cultural heritage (UNESCO 1954, 1970, 1972, 2001, 2003, 2005 and UNIDROIT 1995) and harmonize corresponding texts in the national legislative and policy frameworks 10) Develop and use adequate monitoring tools for cultural heritage protection and management, as well as for the fight against illicit trafficking of cultural property; including the creation, development or updating of national inventories; creation of a national database of cultural property (museums, heritage sites, etc) and regular inputs into the Interpol Database of stolen Works of Art; as well as use of Heritage Impact Assessments for development projects.

***

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Appendix 3: Final Ministerial Statement

Ministry of Arts and Culture Republic of Mauritius

STATEMENT

REGIONAL MINISTERIAL ROUNDTABLE ON STRENGTHENING SYNERGIES FOR CULTURAL HERITAGE PROTECTION IN EASTERN AFRICA AND THE ADJACENT INDIAN OCEAN ISLAND STATES

20 July 2017 Balaclava, Republic of Republic of Mauritius

We, the Ministers and the Heads of Delegations from the State of Eritrea, Federal Democratic Republic of Ethiopia, Republic of Djibouti, Republikan'i Madagasikara (Madagascar), Republic of Mauritius, Republic of Seychelles, Federal Republic of Somalia and Republic of South Sudan together with representatives from Union of Comoros, Republic of Kenya, United Republic of Tanzania, Republic of Uganda, responsible for the safeguarding and promotion of Cultural Heritage in Eastern Africa and the adjacent Indian Ocean Island States, together with representatives from the Democratic Republic of Congo from the Central Africa Region and Regional Economic Communities (IGAD, EAC), and other partners, on the occasion of the Ministerial Roundtable to Strengthen Synergies for the Protection of Cultural Heritage in the region, organized in Balaclava, Republic of Mauritius, on 20 July 2017, by UNESCO in collaboration with the Government of the Republic of Mauritius,

Taking note with satisfaction of the Recommendations of the Regional conference on the protection of cultural heritage in Eastern Africa and the adjacent Indian Ocean Island States, which took place on 18 and 19 July 2017 in Moka, Republic of Mauritius,

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Aware of the increasing threats to cultural heritage from conflicts, terrorism and disasters, which are also negatively affecting the cultural identity and resilience of internally displaced people, refugees and migrants in the region,

Recognizing access to cultural heritage and participation in cultural life as integral components of human rights, as well as the fundamental role of culture in strengthening resilience and supporting stability, harmony and peace,

Acknowledging the fundamental role of culture and cultural heritage in conflict prevention and peace-building through the promotion of intercultural dialogue and social cohesion,

Convinced of the need for culture to be included in national plans for development in the region as well as the need for improved policies to protect and promote cultural heritage,

Recalling the UNESCO Constitution adopted on 16 November 1945 “to contribute to peace and security by promoting collaboration among the nations through education, science and culture in order to further universal respect for justice, for the rule of law and for the human rights and fundamental freedoms,”

Also recalling the Vision of the African Union for “an integrated, prosperous and peaceful Africa, driven by its own citizens and representing a dynamic force in the global arena,”

Recognizing the role of the African Regional Economic Communities in the protection, conservation and promotion of cultural heritage,

Upholding the continued relevance of the Cultural Charter for Africa, adopted by the Heads of State and Government of the Organization of African Unity in Port Louis, Mauritius on 5 July 1976,

Emphasizing the need of implementing the United Nations 2030 Agenda for Sustainable Development and the African Union’s Agenda 2063: The Africa We Want, which provide a roadmap for safeguarding and promoting cultural heritage for sustainable development,

Referring to the adoption by the United Nations General Conference in 2015 of the Sendai Framework for Disaster Risk Reduction (2015-2030), which recognizes the need to support the protection of cultural institutions and cultural heritage sites,

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Welcoming the Strategy for Reinforcing UNESCO's Action for the Protection of Culture and the Promotion of Cultural Pluralism in the Event of Armed Conflict, adopted by the UNESCO General Conference in November 2015, as well as its Action Plan, which includes consideration of disasters caused by natural and human-induced hazards,

Applauding the efforts of the United Nations Security Council on the protection of cultural heritage, in particular the adoption of its Resolutions 2199 (2015), 2253 (2015) and 2347 (2017),

Commending the adoption by the Human Rights Council in September 2016 of Resolution 33/20 on “Cultural rights and the protection of cultural heritage”,

Taking note of the “Florence Declaration”, adopted at the March 2017 G7 Culture Ministers’ meeting, which recognizes the distinctive role of culture as an instrument for dialogue, reconciliation and response to emergency situations; and calls for common and coordinated action to strengthen the safeguarding of cultural heritage,

Recognizing the importance of becoming party to and implementing the international legal instruments for the protection of cultural heritage (UNESCO 1954, 1970, 1972, 2001, 2003, 2005 and UNIDROIT 1995)

Noting the urgent need to safeguard cultural and natural heritage within a sustainable development framework in Eastern Africa and the adjacent Indian Ocean Island States with the participation of youth,

Hereby agree to:

1) Join in the Global Coalition “#Unite For Heritage” launched by UNESCO in 2015 to raise awareness in the region and strengthen joint actions for the protection of culture and cultural heritage in crisis and emergency situations;

2) Consider becoming party to relevant international normative instruments in the field of cultural heritage protection and strengthening their implementation nationally and regionally;

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3) Reaffirm our commitment to safeguard cultural and natural heritage, tangible and intangible, movable and immovable; first and foremost by promoting the inclusion of Culture in our respective National Plans for Development; secondly by strengthening regional collaborations in Eastern Africa and the adjacent Indian Ocean Island States; and thirdly by considering the integration of culture into disaster risk reduction, humanitarian, security and peace building policies and operations in the region, including in the framework of United Nations and African Union mechanisms;

4) Recognise the need for enhancing domestic criminal legislation to sanction crimes committed against cultural property;

5) Acknowledge the role of the World Customs Organization and INTERPOL in fighting illicit trafficking in cultural heritage, the necessity to use and contribute to the INTERPOL Database of Stolen Works of Art, and encourage the establishment of a specialized national police unit for the protection of cultural heritage;

6) Recognize the urgent need to establish and regularly update inventories for the protection of cultural heritage and the fight against illicit trafficking of cultural property;

7) Call upon UNESCO, its partners, and the international community to provide assistance, within their mandates and resources, to strengthen the protection of cultural heritage in Eastern Africa and the adjacent Indian Ocean Island States.

Adopted on 20 July 2017 in Balaclava, Republic of Mauritius

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Appendix 4: List of Participants

Regional Office for Eastern Africa Bureau régional United Nations Educational, Scientificand pour l’Afrique de l’Est Cultural Organization Organisation Ministry of Arts and Culture des Nations Unies pour l’éducation, Republic of Mauritius la science et la culture

FINAL LIST OF PARTICIPANTS Regional Conference and Ministerial Roundtable to Strengthen Synergies for the Protection of Cultural Heritage in Eastern Africa and the adjacent Indian Ocean Islands 18-20 July, Port Louis, Mauritius

Conférence régionale et table ronde ministérielle

pour renforcer les synergies sur la protection du patrimoine culturel en Afrique de l’est et les îles adjacentes de l’océan indien 18-20 juillet 2017, Port Louis, Maurice

Ministers and their representatives Country Gender First Name Last Name Title Organisation Ministère des Affaires Djibouti M. Moumin Hassan Barreh Ministre musulmanes, de la Culture et des Biens Waqfs

Eritrea Dr (Mr.) Yosief Libsekal Director-General National Museum of Eritrea

Ramadan Ethiopia Mr. Hojelle State Minister Ministry of Culture and Tourism Ashenafi

Ministère de la Culture, de la Madagascar Mr. Nely Michel Botomazava Secrétaire général Promotion de l'Artisanat et de la Sauvegarde du Patrimoine

Mauritius Mr. Prithvirajsing Roopun Minister Ministry of Arts and Culture

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Ministry of Education and Human Dookun- Mauritius Dr. (Ms) Leela Devi Minister Resources, Tertiary Education and Luchoomun Scientific Research

Principal Secretary Benjamine Ministry for Youth, Sports & Seychelles Ms. Rose of the Department Marie-Francee Culture of Culture

Ministry of Education, Culture and Somalia Mr. Abdi Dahir Osman Minister Higher Education

Ministry of Culture, Youth and South Sudan Dr. (Ms) Nadia Arop Dudi Mayom Minister Sports

Participants and resource persons

Centre national de Comores M. Abdallah Nouroudine Director-General documentation et de recherche (CNDRS)

Commission Nationale pour Ibrahim Djibouti M. Isman Secrétaire Général l'Education, la Science et la Robleh Culture (CNESC)

Ministere des Affaires Directeur de la Djibouti M. Hassan Ahmed Doualeh musulmanes, de la Culture et des Culture Biens Waqfs Officer for Culture and Eritrean National Commisison for Eritrea Ms. Tzeghereda Kidame Communications UNESCO and Information Sectors Director, Cultural Heritage Amare Inventory, ARCCH-Ministry of Culture and Ethiopia Mr. Ephrem Awgichew Inspection and Tourism Standardization Directorate

Ethiopian National Commission Ethiopia Mr. Mebratu Berhan Berhe Secretary General for UNESCO

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Director, National Ethiopia Ms. Mamitu Yilma Gebru Museum of Ethiopia National Museum Ethiopia

Senior Intergovernmental Authority for Ethiopia Prof (Mr) Kebede Kassa Tsegaye Advisor/Consultant Development (IGAD)

International Council on Finland Ms. Kirsti Kovanen Secretary General Monuments and Sites (ICOMOS)

Criminal International Criminal Police France Ms. Françoise Bortolotti Intelligence Officer Organization (INTERPOL) Works of Art Unit

UNESCO Section of Movable France Mr. Ieng Srong Chief Heritage and Museums

Senior Legal International Institute for the Italy Ms. Marina Schneider Officer & Unification of Private Law Treaty Depositary (UNIDROIT)

Kenyan National Commission for Kenya Dr. (Ms) Evangeline Njoka Secretary General UNESCO

Kenyan National Commission for Kenya Mr John Omare Director of Culture UNESCO

Centre for Heritage Development Kenya Mr. Peter Okwaro Director in Africa

Regional Legal International Committee of the Kenya Dr. (Ms) Eve Massingham Advisor Red Cross (ICRC)

Prof. Dr. International Heritage Consultant; Kenya George Abungu Archeologist (Mr.) UNESCO expert

UNESCO Regional Office for Kenya Ms. Ann Therese Ndong-Jatta Director Eastern Africa

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Programme UNESCO Regional Office for Kenya Ms. Karalyn Monteil Specialist for Eastern Africa Culture

UNESCO Regional Office for Kenya Ms. Gaïa Paradiso Media Relations Eastern Africa

Programme UNESCO Regional Office for Kenya Mr. Walter Matoke Assistant Eastern Africa

Madagascar National Commission Madagascar Mme Ratsimisetra Secrétaire général Fanjamboahangy for UNESCO

Directeur Général Ministère de la Culture, de la Emeline de la Culture et de Madagascar Mme Raharimanana Promotion de l'Artisanat et de la Rakotoson la Sauvegarde du Sauvegarde du Patrimoine Patrimoine Permanent Ministry of Arts and Culture; Mauritius Dr.(Ms) Nalini Luckheenarain Secretary; Mauritius Museums Council Chairperson

Mauritius Mr. Islam Bhugan Director of Culture Ministry of Arts and Culture

Assistant Mauritius National Commission Mauritius Ms. Aneeta Ghoorah Secretary-General for UNESCO

Head of Technical Mauritius Ms. Corinne Forest Aapravasi Ghat Trust Fund Unit

Professor Mauritius Dr (Mr.) Anwar Janoo Department of University of Mauritius Humanities

Ministry of Education & Human Mauritius Ms Preeya Beeharry UNESCO Desk Resources, Tertiary Education and Scientific Research

Ministry of Foreign Affairs, Mauritius Ms. Burumdoyal Tejaswinee Regional Integration and Integration Trade

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Principal Culture Mauritius Ms Anupama Chummun Ministry of Arts and Culture Officer

Nelson Mandela Centre for African Culture Trust Fund, under Mauritius Mr Stéphan Karghoo Ag. Director the aegis of the Ministry of Arts and Culture

Le Morne Heritage Trust Fund, Mauritius Ms Karine Soobroydoo Research Officer Ministry of Arts and Culture

Le Morne Heritage Trust Fund, Conservation Mauritius Mr Avinash Seegolam under the aegis of the Ministry of Officer Arts and Culture

Aapravasi Ghat Trust Fund, under Mauritius Mr D. Ramoutar the aegis of the Ministry of Arts and Culture

Mauritius Museums Council, Mauritius Mr Vikash Rupeear Director Ministry of Arts and Culture

Mauritius Museums Council, Mauritius Mr D. Ramaracheya Director under the aegis of the Ministry of Arts and Culture

National Heritage Trust Fund, Mauritius Mr Shivajee Dowlutrao Officer in Charge under the aegis of the Ministry of Arts and Culture

Assistant Mauritius Ms. Deepti Dabee Permanent Ministry of Arts and Culture Secretary

Mauritius Mr Limbajee Bhiwajee Chief Arts Officer Ministry of Arts and Culture

Mauritius Mrs Hemlata Ramkalawan Ag. Director National Archives

Mauritius Mrs Tulsi Ramnauth Director National Library

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United Nations Resident United Nations Development Mauritius Mr Simon Springett Coordinator for Programme (UNDP) Mauritius Coordonnateur National Comité République Consultatif Prof. Congo Ministère de la Culture et Démocratique Joël Ipara National pour la (Mr.) des Arts du Congo protection des biens culturels en cas de conflit armé République Congo Ministère de la Culture et Démocratique Ms. Elsa Inabanza Makanyaka des Arts du Congo

République Lukusa Congo Ministère de la Culture et Démocratique Ms. Henriette Gracia Ntumba des Arts du Congo

République Technicienne aux Congo Ministère de la Culture et Démocratique Mme. Grace Salima Musuyu Inventaires des Arts du Congo

Marie-Reine Seychelles National Commission Seychelles Ms. Hoareau Secretary-General Louise for UNESCO

Beryl Marie- Seychelles Ms. Ondiek Director Seychelles National Museums Nella

Permanent Ministry of Education, Culture and Somalia Mr. Ahmed Hassen Yusuf Secretary Higher Education

Director of Ministry of Culture, Youth and South Sudan Mr. Edward Ernest Jubara Antiquities and Sports Archives

Prof. Tanzania Audax Z. Mabula Director National Museum of Tanzania (Mr.)

Principal Culture Tanzania Mr. Lubega Bernard Bakaye East Africa Community (EAC) and Sports Officer

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Uganda National Uganda Ms. Rosie Agoi Secretary General Commission for UNESCO

Commissioner, Ministry of Tourism, Wild life Uganda Ms. Rose Mwanja Museums and and Antiquities Monument

International Council of Museums Zambia Mr. Terry Nyambe Board Member (ICOM)

African World Heritage Fund Zimbabwe Dr. Webber Ndoro Director (AWHF)

International Council of African Zimbabwe Dr. Rudo Sithole (Former) Director Museums (AFRICOM)

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