India and United States of America sign the first ever ‘Cultural Property Agreement’

Newdelhi:26/7/24:The Government of India and the Government of the United States of America signed the first ever ‘Cultural Property Agreement’ to prevent and curb the illicit trafficking of antiquities from India to the USA, today, the 26^th July 2024 on the sidelines of the 46^th World Heritage Committee, at Bharat Mandapam, New Delhi. The agreement was signed by Shri Govind Mohan, Secretary, Ministry of Culture, and H.E. Eric Garcetti, Ambassador of the United States of America to India in the August presence of Union Minister of Culture and Tourism, Shri Gajendra Singh Shekhawat.

The Cultural Property Agreement (CPA) is aligned with the 1970 UNESCO Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property, to which both countries are state parties. The Illicit trafficking of cultural property is a longstanding issue that has affected many cultures and countries throughout history. A large number of antiquities have been smuggled out of Bharat before the ratification of the 1970 UNESCO Convention, and which are now housed in various museums, institutions, and private collections across the world.

Speaking on the occasion, Union Minister of Culture and Tourism, Shri Gajendra Singh Shekhawat said that the CPA is another step towards securing India’s rich and diverse cultural heritage and invaluable artifacts of our grand history. It is the beginning of a new chapter to prevent the illegal trafficking of cultural property and retrieval of antiquarian objects to their place of origin.

The Minister emphasized that preservation and protection of the Indian artifacts and cultural heritage has emerged as an integral component of India’s foreign policy over the last decade. The Government of India, under the leadership of Prime Minister, Shri Narendra Modi has been committed to this issue and has adopted a proactive approach towards bringing back Indian artifacts from various parts of the world. India has repatriated 358 antiquities since 1976, out of these 345 have been retrieved since 2014, the Minister informed.

Shri Shekhawat said that the subject of repatriation is not merely a moral imperative but also a practical investment in cultural diplomacy and sustainable development. By returning artifacts to their countries of origin, we nurture cultural stewardship, promote tourism, and stimulate economic growth within local communities. This process empowers nations to leverage their cultural assets for educational enrichment, social cohesion, and economic empowerment, thereby fostering inclusive and sustainable development pathways.

Speaking on the occasion, Secretary of, the Ministry of Culture, Shri Govind Mohan said that this agreement symbolizes not only the strength of our bilateral relations but also a significant step forward in our joint efforts to safeguard the treasures that embody our collective history, identity, and heritage. It is a testament to our commitment to ensuring that these invaluable artifacts remain in their rightful contexts and are preserved for the benefit of future generations.

About the Agreement

In 2022, the Government of India and the Government of the United States of America came on one stage to explore the possibility of strengthening bi-lateral ties under Article 9 of the 1970 UNESCO Convention on the Means of Prohibiting and Preventing the Illicit Import, Export, and Transfer of Ownership of Cultural Property. In pursuance of these deliberations, the Ministry of External Affairs (MEA) India sent a Diplomatic Note to the USA counterpart which was positively received and responded to by the US counterpart through a diplomatic note on 16th March 2023 to suggest procedures for agreeing. These steps included determining the safeguarding of cultural property and international cooperation in preserving and safeguarding archaeological and ethnological materials. The historical, cultural, legal situation and possibilities of cooperation were documented in the Statement of Fact, and various meetings and discussions were held on approbation by both parties. An NGO ‘Antiquity Coalition’ has also played a vital role during the process.

The CPA restricts the importation into the United States of certain archaeological materials ranging in date from 1.7 million years ago through 1770 CE and certain ethnological material, which may include categories of civic, religious, and royal architectural material, religious material and ceremonial items, and manuscripts ranging in date from 2nd century BCE to 1947 CE. The list of such items restricted for import in the United States of America will be promulgated by the Government of the United States of America. As per the agreement, the United States of America shall offer to return to India any object or material on the Designate List forfeited to the Government of the United States of America.

The Agreement shall be helpful in quick seizure of Indian antiquities at US Customs and their repatriation back to India. It is to be noted that USA has already executed an agreement with countries like -Algeria, Belize, Bolivia, Bulgaria, Cambodia, Chile, China, Colombia, Costa Rica, Cyprus, Ecuador, Egypt, El Salvador, Greece, Guatemala, Honduras, Italy, Jordan, Mali, Morocco, Peru, and Turkey.

The exhibition Re(ad)address: Return of Treasures as part of the 46^th World Heritage Committee initiates an open and inclusive dialogue on the long-contested historical and global issue of repatriation and restitution of cultural property through an object-based exhibition. This display highlights the journey of 25 repatriated Indian objects and the multitude of stories surrounding their successful return. The exhibition addresses the problem of illicit trafficking of antiquities and global efforts made in the direction of repatriation of cultural property. The exhibition was inaugurated by Prime Minister Shri Narendra Modi with Ms Audrey Azoulayon on 21 July 2024, and is open for public view at Bharat mandapam.