Cultural Property: Hague Convention

Baroness Berridge Excerpts

Thursday 14th January 2016 Lords Chamber

[Baroness Berridge (Con)]

My Lords, I thank the noble Baroness, Lady Andrews, for securing this timely debate on what I term the “international monuments men” convention. If it were possible, this debate should not be happening in either Chamber but under the arch of the House of Commons, which was damaged in the Second World War and which Prime Minister Churchill insisted be put back in an unrepaired state. Although parts of the Palace of Westminster belong to the Queen, in many senses it belongs to the British people, and much of what your Lordships point out to our guests on the tourist trail would not be here had it not been for the wise stewards who removed many of the monuments prior to the Second World War. These prudent actions mirror the principles in Article 3 of the Hague convention.

My interest in this issue arises from a principle and, as is so often the case, a person. First, the principle: Article 18 of the Universal Declaration of Human Rights outlines freedom of thought, conscience and religion or belief, and the right, either alone or in community with others, in private or in public, to manifest that religion or belief in teaching, practice, worship or observance. Obviously, this manifestation often includes buildings and monuments, which then form part of the cultural heritage of a nation. YouTube and social media perhaps further encourage the wanton destruction of ancient places in times of conflict, such as the Arch of Triumph in Palmyra. Current events are reminiscent of 16th-century iconoclastic riots associated mainly with Huldrych Zwingli, the early 20th-century mass destruction of Buddhist monasteries in China and the Tuareg uprising in 2012, which saw the destruction of 15th and 16th-century Sufi shrines in Timbuktu, Mali.

Secondly, the person is the inspirational Tasoula Hadjitofi, who was a refugee from northern Cyprus, which suffered widespread destruction of cultural heritage. The NGO she founded, Walk of Truth, has, alongside the London mayor, just launched the cultural crime watchers initiative to provide a way for people, especially refugees, to pass on intelligence on these looted artefacts. At an event in Parliament, Tasoula brought along four frescos that had been rescued, two of which have been identified since being put on display. It will be a privilege to see them returned to the Prime Minister of Cyprus on behalf of the Cypriot people later this year. If, as everyone hopes, Cyprus can be reunified, they might even be returned to the church ceiling from which they were stolen.

Turning to the convention, although signed in 1954 and in force from 1956, for many years the UK did not believe that the legislation was effective. But after the Balkans conflict, we saw the adoption of the second protocol, with clear criminal sanctions which the UK was involved in securing. Since then, there has been no good reason not to ratify the convention. Since 2004, the UK Government have said they will do so. However, I join the noble Baroness in wanting to know a precise parliamentary timetable for that. Sometimes the devil is in the detail, so I am grateful for the assurance today that the protocols will be ratified along with the convention.

Preserving cultural heritage is an important part of the reconciliation and restoration of the people affected by conflict, and not only in terms of the livelihoods that are often attached to cultural heritage. The UNESCO world heritage site in which we stand brings incalculable financial input into tourism. More importantly, when homes and neighbourhoods are destroyed and then the people eventually return, the presence of cultural heritage is cathartic and healing. It is harder to bring about peace when the environment in which people live has been destroyed.

Lakdhar Brahimi, the former UN and Arab League Special Envoy to Syria, said the following:

“Destroying the inheritance of the past robs future generations of a powerful legacy, deepens hatred and despair and undermines all attempts to foster reconciliation”.

Consider the significance of the Pope’s visit to the Central African Republic in December. He not only visited the Muslim community; he visited the mosque. It is important for the reconciliation of the religious communities and for the return of Muslim refugees that their religious buildings remain. The same is true for the diverse communities who, it is to be hoped, will one day return to their homes in the Middle East.

Her Majesty’s Government have played a leadership role on the international stage by trying to sever the finance to IS and similar groups, whose trade in artefacts was a key source of income. However, even though it may have declined, the trade in looted art, beyond its initial sale, enables organised criminal gangs to launder their money. Any object for sale whose provenance is not verifiable is suitable for this. The Metropolitan Police Art and Antiquities Unit is tasked with monitoring this trade but it has very few staff. I would be grateful if the Minister asked whether additional resources can be made available from counterterrorism funds to support this unit. The same routes that are used for the illegal trade in drugs, arms and humans are used for these looted artefacts. Therefore, any disruption of those routes will have the collateral benefit of affecting these other global illegal trades.

The need to ratify is now urgent. We are a global leader, but we are the only permanent member of the UN Security Council not to have ratified the convention. Given that 127 states have ratified it, this can only be said to be disappointing. The cultural protection fund announced last year is now out for consultation. However, it seems obvious that we must secure Syria’s heritage as well as Iraq’s, using whatever means we can. I commend the cultural protection team at the Department for Culture, Media and Sport for emailing me with details of the consultation on this matter. Such proactivity is helpful when the pace of life and of emails is so fast. I will pass the details on to the interested parties I know.

The irony is that the UK is fulfilling much of the substance of the convention through the special police unit, military units and the £3 million dedicated to the Iraqi emergency heritage management project run by the British Museum. The legislation is not complex and the matter is now urgent. Perhaps I will be forgiven if it is heretical to suggest that we might use a sitting Friday, in this Chamber at least, to pass the legislation.