UNESCO (Was: Re: I'm late, I'm late...)

["Jerry D. Harris" <102354.2222@compuserve.com>]

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Message text written by INTERNET:dmschmidt@sprint.ca

"
If it is the piece I think it is, from the dealer I think it is, I really
doubt whether it had "permission" to leave its homeland.

Unfortunately, you are very misguided if you believe that scientific
morality will stop dealers from selling scientifically important specimens.
 Bad morals and ethics are not against the law.  Sometimes I wish they
were."


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        I've got a copy of UNESCO (United Nations Educational, Scientific
and Cultural Organization) thing that was signed by both the US and China
(as well as numerous other countries, all referred to as "States Parties")
in 1970.  Article 1 states:

"For the purpose of this Convention, the term "cultural property" means
property which, on religious or secular grounds, is specifically designated
by each State as being of importance for archaeology, prehistory, history,
literature, are or science and whichj belongs to the following categories:
(a) Rare collections and specimens of fauna, flora, minerals and anatomy,
and objects of palaeontological interest;"

Article 2 states:

"1.  The States Parties to this Convention recognize that the illicit
import, export, and transfer of ownership of cultural propert is one of the
main causes of the impoverishment of the cultural heritage of the countries
of origin of such property and that international co-operation constitutes
one of the most efficient means of protecting each country's cultural
property against all the dangers resulting therefrom.

2.  To this end, the States Parties undertake to oppose such practices with
the means at their disposal, and particularly by removing their causes,
putting a stop to current practices, and by helping to make the necessary
reparations."

Article 3 states:

"The import, export or transfer of owenrship of cultural property effected
contrary to the provisions adopted under this Convention by the States
Parties thereto, shall be illicit."

        So, anyone bringing undocumented/unauthorized fossils in from other
countries is not only going against the laws of those countries which
restrict the export of fossils, they're going against the by-laws of the
UN.  There is a lot more in the document; although it doesn't outline
specific punishments, it _does_ state that the signing States must adopt
legislation for such punishments for themselves.  If it is true that the
Chinese government has _never_ authorized the export of any fossil, then
the exporter and the importer could be both punishable in _both_ countries
under UNESCO legislation.

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                     Jerry D. Harris
                 Fossil Preparation Lab
          New Mexico Museum of Natural History
                   1801 Mountain Rd NW
               Albuquerque  NM  87104-1375
                 Phone:  (505) 899-2809
                  Fax:  (505) 841-2866
               102354.2222@compuserve.com