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AdvocacySAFE supports China's requestThe public sessions of the Cultural Property Advisory Committee (CPAC) offer a unique opportunity for the public to be seen and heard about issues that could have long lasting effects on our history and our future. This report documents SAFE's experiences at CPAC, with arguments on both sides, as well as facts, press reports, observations and conclusions. With this report, we hope to encourage more participation from all those who are interested in the fight against the pillage of our common heritage. Following the successful appearance at the AIA Annual Meeting in Boston, MA, SAFE created a campaign to broadcast and support China's request for assistance from the US to preserve its irreplaceable cultural heritage. The goal was to testify at the US State Department's public hearing before the Cultural Property Advisory Committee on February 17, 2005. January 25: Given SAFE's commitment to raise public awareness, our priority was to provide background information about the situation. This was accomplished with the help of SAFE volunteers as well as the Archaeological Institute of America, and archaeologists and art historians from all over the world. In addition, we contacted officials at the Chinese Consulate in New York and the Embassy in Washington, and sought advice from cultural heritage experts in Beijing, China. January 29: We launched an online petition, inviting the public to lend their support of China's request. Press releases in English and Chinese caught media attention. February 4: Cindy Ho, Elizabeth Gilgan and Jen Makrides submitted written statements to CPAC. Feb 17: Noon. Twenty-two days into the campaign, nearly 500 petitions had been collected from individuals around the world. 12:30 pm. SAFE members arrived at the State Department to present the petitions to the Cultural Property Advisory Committee and deliver their testimony. SAFE continues to gather petitions online, as the number exceeds 700.
On February 17, the Cultural Property Advisory Committee (CPAC) of the U. S. State Department held a public session to consider China's request for import restrictions on certain categories of archaeological artifacts into the U.S. for a period of five years. As a party to the Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property (UNESCO 1970), China is entitled to make this request. The United States—the first major art-importing country to do so—ratified the Convention and in 1983 passed implementing legislation: the Convention on Cultural Property Implementation Act (CCPIA, 19 USC§§ 2601-2613). The hearing is designed to allow CPAC to hear information from the American public relating to the four determinations that CPAC considers for the request at hand. The meeting took place in a fully packed room, standing room only. Compared to many of the CPAC public hearings on requests from other countries, this was one of the best attended, by far. Scheduled to take place between 1:00 and 3:30pm, the public session did not end until nearly 5:00pm.
Opponents (15 speakers): auction house staff, museum curators, one private collector, lawyers representing dealers and collectors associations, and art dealers. Opponents spoke first. Supporters (seven speakers): museum curators, a law professor, an art history professor and three SAFE members. It had been noted in some reports that Chinese representatives were absent at the hearing, implying that the government does not care. In fact, the Chinese government was represented by a delegation of three from Beijing's State Administration of Cultural Heritage, which traveled to Washington to present to CPAC in a closed-door meeting on April 1. It was headed by the Deputy Director of the General Office of Cultural Affairs, Wang Jun. The delegation was joined by an official from the Chinese Embassy in the U.S who told SAFE that it chose not to attend the public hearing because the US State Department was working directly with China's the government organization that made the request on behalf of China. Click here for a list of the 22 speakers.
The CPAC Chairman began by asking speakers not to repeat the points already submitted in writing and to focus their five-minute presentations on the four determinations in question. The following is a recap of the points that were made, not quotes.
Traditionally, the debate about cultural heritage preservation and the trade in antiquities has been dominated by the cognoscenti— archaeologists, art historians, dealers, collectors, museum curators, etc. By representing the wider public, SAFE's presence at CPAC is a landmark initiative. Never before has public opinion been presented to CPAC in the form of hundreds of signatures to an online petition. The passion and dedication of SAFE—a group of volunteers who have nothing to gain personally, professionally, or financially in this matter —can be difficult for some people to understand. For SAFE volunteers, antiquities are not mere objects to buy and sell. They form building blocks of human history. As such, their value extends far beyond what they fetch on the market. We have everything to gain by protecting this invaluable heritage from looting. We again urge the members of CPAC to recommend granting China's request by signing a bilateral agreement to restrict US importation of Chinese archaeological objects. Import restriction through bilateral agreements has a track record of success. Denying China's request for assistance would be unprecedented. In the case of the 11 countries that have previously made similar requests, CPAC has recommended that assistance be given. In every case, a bilateral agreement was negotiated. Denying China's request because “the Chinese are unable to safeguard their cultural heritage” is akin to denying a person medical treatment who could not cure oneself. The fact is China has strict cultural property laws in place, seizes large numbers of illicit artifacts within its borders, metes out draconian punishment when offenders are convicted, and is investing significant sums to build museums in an effort to display and preserve artifacts as they are discovered. Americans have long supported strict cultural property laws in the US A Harris poll conducted in 2000 found that 96% Americans favor laws that protect cultural heritage. In the end, we believe that the war against the pillage of our shared cultural heritage will be won in the court of public opinion. We are encouraged by the support through our online petition, collected from all over the world in a matter of weeks. SAFE is honored to be a part of the process that makes it possible for our voice to be heard and we thank CPAC for this opportunity. We are also grateful for the contributions of all those who joined in our efforts with their research materials, ideas, advice, and above all, their signatures.
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