[Date Prev][Date Next][Thread Prev][Thread Next][Date Index][Thread Index][Subject Index][Author Index]
Re: UNESCO (Was: Re: I'm late, I'm late...)
Fantastic! Unfortunately, the laws are not being enforced. One Chinese
dealer(living in the USA) of dinosaur eggs was actually caught in a "sting"
on a news show a couple of years ago (20/20?). He was illegally importing
eggs out of China. Six months later, he back with another shipment. Did
the newscast do anything to deter him? Absolutely not. I think it
actually worked quite well as advertising for him.
The RCMP has the legal right to seize any fossils from the Burgess Shale
not in academic collections. Do you know how many items from this locality
I see every year for sale? Lots. Both on the internet, and at shows. Do
you think anyone worries about selling it? No. Why? Because the RCMP (to
my knowledge) has never yet seized any Burgess items, so the threat is
about equal to home taping of movies.
If the laws do indeed exist, they must be enforced. Unfortunately, you
will never completely stop this type of activity from happening, and that
really is a shame. Enforcing the laws will only drive the price of items
up, and some farmer in China will then get 2 years wages for a fossil,
instead of just one. I doubt too much if he would be worried too much
about items of cultural heritage, when his belly is empty.
Enforcement of current laws seems to be the issue. Like anything else, I
am sure, governments may find it hard to find the funds needed to enforce
these laws. As a result, science (and everyone) loses out.
Michael Schmidt
> 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.
>
> _,_
> ____/_\,) .. _
> --____-===( _\/ \\/ \-----_---__
> /\ ' ^__/>/\____\--------
> __________/__\_ ____________________________.//__.//_________
>
> 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
----------
> From: Jerry D. Harris <102354.2222@compuserve.com>
> To: dinosaur@usc.edu; INTERNET:dmschmidt@sprint.ca
> Subject: UNESCO (Was: Re: I'm late, I'm late...)
> Date: Thursday, September 24, 1998 6:24 PM
>
>
>
> -------------------- Begin Original Message --------------------
>
> 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."
>
>
> -------------------- End Original Message --------------------
>
> 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.
>
> _,_
> ____/_\,) .. _
> --____-===( _\/ \\/ \-----_---__
> /\ ' ^__/>/\____\--------
> __________/__\_ ____________________________.//__.//_________
>
> 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