Box 9.5 Combating crimes against culture

An example of a fruitful exchange of knowledge between countries was the Norwegian–Polish project “Legal and illicit trade with cultural heritage. Research and education platform of experience exchange in the field of prevention from crime against cultural heritage” ¹.

The project brought together cultural management professionals, the police and customs authorities, border guards, museum personnel and researchers to share knowledge and experience in order to prevent crimes against culture. It became clear during the project that the internet plays a very important role in preventing this type of crime. The project resulted in a cross-border, cross-sectoral network of cooperation and showed how much Norway can learn from Polish experience, for example in the practical training of customs and police personnel.

¹ Stop heritage crime. Good practices and recommendations, Warsaw 2011.

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In 2001 Norway ratified the 1995 UNIDROIT (International Institute for the Unification of Private Law) Convention on Stolen or Illegally Exported Cultural Objects. Together with the 1970 UNESCO Convention, this sets out conditions and a framework for the restitution and return of cultural objects to the country of origin.

In recent years the Ministry of Culture has proposed a number of legislative amendments as a result of Norway’s ratification of various international agreements against the illicit trade in cultural property. Arts Council Norway has been made responsible for a number of measures under the regulations governing the export of cultural property.

Effective measures to prevent illicit trade in cultural property require close cooperation and coordinated efforts by key actors, such as the cultural authorities, police, customs and museum authorities and those involved in distribution, and not least expertise in the cultural field. The Ministry of Foreign Affairs is an important cooperation partner in the efforts to recover property that is being illegally imported into Norway.

Knowledge of art crime among the general public can be increased by regular information campaigns. Arts Council Norway, the police, customs authorities, the Norwegian National Committee of ICOM, the International Council of Museums and Blue Shield Norway, and often the Directorate for Cultural Heritage and the Norwegian National Commission for UNESCO as well, cooperate on targeted information campaigns to prevent illicit trading in cultural property.

However, in the experience of customs officials, the police and the cultural authorities, many people still do not know the rules governing the import and export of cultural objects, nor are they aware that they have an obligation to familiarise themselves with the rules of countries where they intend to purchase such objects. Many also do not realise that a person who wilfully or negligently contravenes the rules for exporting cultural objects, or who is an accessory, risks a fine or imprisonment for up to two years.

Nepal has long suffered from extensive thefts of cultural property, and it has been claimed that by 1970 almost all the smaller bronze images of gods had been smuggled out of the country. Stone sculptures began disappearing in the 1980s, and it is estimated that there is no temple in the Kathmandu valley that has not been robbed or the object of attempted robbery. There is strong evidence that the Western market determines which objects, in this case sacred images, are stolen. For example, the god Ganesh is less marketable than other Hindu gods because its design, of a child’s body with the head of an elephant, is not to Western taste.

Source: Jürgen Schick, The Gods Are Leaving the Country, 1999. End box

Box 9.7

Recent examples of important cultural objects stolen from Norwegian owners are the painting Girl with Red Hair by Odd Nerdrum, which disappeared in France on its way to an exhibition at Blaafarveværket in Norway in May 2011, the two break-ins into the art museum Permanenten in Bergen, when a number of objects were stolen from the China Collection in 2010 and 2013, and the painting Suffer the Little Children to Come unto Me by Lucas Cranach the Elder, which was stolen from Larvik church in 2009.

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  Seek to ensure that local initiatives linking cultural heritage with commercial activities, such as sustainable tourism, are emphasised in development cooperation.
  
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  Continue efforts at national and international level for the promotion and sustainable management of tangible and intangible cultural heritage.
  
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  Continue to support, through UNESCO and other cooperation partners, measures to strengthen the implementation of the World Heritage Convention in developing countries, with an emphasis on institution-building and competence development.
  
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  Continue to strengthen measures in development cooperation in which cultural heritage is a driving force for sustainable development.
  
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  Continue the efforts at national and international level to prevent, expose and combat the illicit trade in cultural property.
  
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  Strengthen the efforts to prevent the illicit trade in cultural property through targeted information and by raising awareness of issues related to trafficking in cultural property.
  
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  Consider taking steps to monitor the sale of cultural property over the internet.
  
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  Continue the existing measures and introduce new ones to strengthen the cross-sectoral cooperation between different administrative levels and with other actors on developing best practices, coordinating efforts, and sharing information and knowledge in the field of crimes against culture.
  
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  Encourage the further development of knowledge at national and international level about the different aspects of the illicit trade in cultural property.
  

The traditional way of life of indigenous peoples is being threatened on several continents by the loss of rights to land and resources, for example through appropriations by extractive industries. There are two aspects of culture that are especially relevant in this connection: the right to practise one’s own culture, including language, and the right to sustainable development.

The right of indigenous peoples to practise their own culture is important for their identity, pride in their heritage and fellowship. Cultural diversity is one of the roots of development, understood not simply in terms of economic growth, but also as a means to achieve a more satisfactory intellectual, emotional, moral and spiritual existence.

Indigenous peoples are a particularly vulnerable group at the global level, partly because their way of life, culture and natural environment are so closely interwoven and partly because their culture is often vulnerable and practised by so few compared with the cultural expression of societies with greater economic and cultural influence. The 1992 Convention on Biological Diversity recognises indigenous people’s close reliance on nature. The most important international instrument for ensuring that indigenous people’s culture and way of life are maintained and further developed is the 1989 ILO Convention 169 concerning Indigenous and Tribal Peoples in Independent Countries. It is the only binding international legal instrument that deals directly with indigenous rights and that is intended to protect these peoples from abuses by states. It is a key element of the foundation for the Government’s indigenous policy.

However, there are a number of other UN documents and conventions that are particularly relevant to the situation of indigenous peoples. Minorities are especially vulnerable in times of great social unrest, since the authorities and other groups often oppress people who are different in some way, whether by virtue of their ethnicity, language or religious identity. In 2012 the Ministry of Foreign Affairs initiated a project focusing particularly on the situation of religious minorities. Cultural cooperation and support can play a significant part in improving the situation of these and other minority groups.

In many countries people who openly claim to be a member of an indigenous group, and therefore different from any of the dominant population groups, feel stigmatised. Culture in such contexts has a bearing on issues of heredity, identity and development.

The UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions states that such protection and promotion “presuppose the recognition of equal dignity of and respect for all cultures, including the cultures of persons belonging to minorities and indigenous peoples”.

The intangible cultural heritage of indigenous peoples, such as song, dance, cultural traditions and rituals, language and traditional knowledge, is particularly vulnerable, and in some parts of the world is disappearing. The UNESCO Convention for the Safeguarding of Intangible Cultural Heritage is therefore particularly relevant for indigenous groups.

Through its project “Design without Borders”, the Norwegian body Norsk Form – The Foundation for Design and Architecture – has more than 10 years’ experience of developing products and solutions in a number of fields for and with developing countries. Local designers from countries in the South collaborate with Norwegian businesses in an innovative approach to development cooperation in which the business sector contributes to development in these countries by making use of the designers’ creative and analytical skills. Design without Borders believes that design is not only a matter of product development but also plays a role, sometimes a decisive one, in social development processes. Among the long-term spin-off effects are sustainable business development, local ownership, innovation, knowledge transfers and equal partnerships. In addition to Norsk Form, the project is also managed by Norad and Fredskorpset, and its most important cooperation partners are Makerere University in Uganda, Universidad Rafael Landívar in Guatemala, UNICEF and the World Food Programme. Using design in the development process leads to better living conditions, industrial business development and more efficient emergency relief. Design without Borders has developed a range of useful, and in some cases life-saving, products for developing countries that can be produced locally and at low cost. The use of designers results in products and solutions that involve the users and meet their needs, take environmental considerations into account, transfer knowledge and competence, and strengthen the local business community. Transferring knowledge to local designers adds a new dimension to development cooperation in the areas of product development, business development and development in general. End box

Norwegian development cooperation in the indigenous field has been mainly focused on South and Central America. Capacity development, institution-building and professionalisation are emphasised, and a strong effort is made to promote indigenous ownership of all aspects of the development of cultural expression and cultural institutions, for example by strengthening indigenous languages. These efforts also foster cultural diversity.

Under international law, and ILO Convention 169 in particular, states are obliged to develop educational and cultural institutions and infrastructure that strengthen the culture and identity of their own indigenous peoples. Some countries have rudimentary state institutions that can be strengthened and further developed through cultural cooperation. However, the main emphasis must be on strengthening indigenous organisations in civil society.

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  Increase support for indigenous cultural communities and actors where appropriate.
  
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  Seek to cooperate with innovative initiatives for indigenous youth.
  
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  Work to intensify cross-border cultural cooperation between indigenous groups to reduce marginalisation and exclusion and mobilise greater cultural engagement for indigenous groups.
  
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  Continue to make use of strategic partnerships with Sami cultural institutions in Norway’s cultural cooperation with indigenous groups.
  

Buffy Saint-Marie is a Canadian singer–songwriter, musician, composer, visual artist, educator, pacifist, and social activist who has used her music and other activities to campaign in favour of the rights of the indigenous peoples of the Americas since the 1960s. She will perform at a festival arranged by the Riddu Riððu Centre for Northern Peoples in 2013.

Indigenous American artists and activists have been opposed by the authorities, not because of their popularity in the reserves, but because of their appeal to a wider public and their success in putting indigenous rights on the global agenda. End box

9.5 Culture and the business sector

The cultural sector and cultural industries contribute substantially to business development, economic growth, employment and cultural development.

Cambodia’s rich cultural heritage is known worldwide and its tourist industry is booming. In spite of this, Siem Reap province, which is visited by about 1.5 million tourists a year, is still the second poorest province in the country: 5 million of the country’s 14.8 million inhabitants live on less than half a dollar a day. The country has a rich and diverse craft tradition, which represents an untapped potential source of income for the local population. A Creative Industries Support Programme, funded by the MDG Achievement Fund (see box 8.2) was carried out in four provinces of northern and eastern Cambodia, including Siem Reap, and lasted from 2008 to 2011. Its aim was to revive Cambodia’s cultural assets and create jobs, boost economic growth and reduce poverty by developing the country’s creative industries. The programme was the result of a partnership between UN agencies and local organisations, and supported indigenous and Khmer artisans in the four provinces.

During the programme period more than 800 indigenous artisans received training in entrepreneurial skills, including marketing and quality control, exhibition, costing and consignment techniques. In addition to developing competence among local artisans, the programme raised awareness of the potential of cultural heritage among the local authorities. The programme also led to a dialogue on business development at local and national levels. Guidelines have been developed for formalised cooperation between the various parties at different levels on achieving economic growth, and pilot programmes have been launched in two provinces. End box

Cultural goods and services are bearers of identity, values and meaningfulness that develop creativity, encourage local production, involve local communities and contribute to the local and national economy. However, in many developing countries the sector suffers from lack of economic support and trade facilitation measures and unfavourable business conditions, especially in terms of market access and international export.

Cultural goods and services is one of the most rapidly growing sectors in the global economy, and has great potential in terms of trade, jobs and economic growth in developing countries. Even small investments in cultural industries often result in positive development processes. For example, many women are employed in clothing design and dressmaking, and investment in fashion design and dressmaking would improve the quality of the products and make them more fashion-oriented, which in turn would increase demand and result in higher earnings. A 2010 report on the creative industries commissioned by UNCTAD pointed out that investment in the cultural sector often contributes to other development objectives such as inclusion and a sense of community. It is easy to include underprivileged and marginalised groups in some of these industries and thereby promote a fairer distribution of resources.

Trade in cultural goods and services boosts economic growth in developing countries. However, since according to UNCTAD the statistics for the creative economy are incomplete, our knowledge is insufficient. Several organisations are in the process of collecting documentation on the cultural industries and their significance for development and growth.

Developments in the global economy show that more attention should be paid to the importance of the cultural industries for development and their contribution to economic growth, employment and poverty reduction, and to strengthening the cultural sector in countries in the South.

The Government will

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  Give greater prominence to the commercial dimension in its support for the cultural sector, especially with a view to improving the situation of women.
  

Cape Town will be the fourth World Design Capital (WDC) in 2014, which is also the anniversary of 20 years of democracy in South Africa. The designation WDC is given to cities that have effectively used design as a tool to improve social, cultural and economic life, and Cape Town is the first city in Africa to receive it. In her blog, Erica Elk, executive director of Cape Craft & Design Institute, writes:

But ‘design’ isn’t automatically about transformation. And the outcome of ‘design’ isn’t always good. Apartheid was a system implemented by design. And we continue to experience its legacy in the ways our cities and services (dys)function and the ways we continue to reproduce inequalities in our social and economic relationships. … In essence ‘design’ is a dynamic approach to investigating problems and opportunities and finding effective and efficient solutions – whether physical products, services or systems. Taking this broad – and specific view – WDC 2014 provides us with an opportunity to imagine our public and private lives in different ways and use design processes to help us get there. End box
9.6 Identity, state-building and nation-building

Culture encourages the sense of identity in individuals, group and societies. This aspect of culture has the potential to play a vital role in the efforts of countries in the South to develop their societies and establish themselves as states. Since culture is an important sector of civil society, it forms part of civil society’s contribution to social change, state- and nation-building, democratisation and peace and reconciliation processes.

The Government considers it important to support countries and nations that make active use of cultural policy to strengthen national identity as a step in state- and nation-building. For example, our cultural cooperation with Palestine is integrated into our support for the building of a Palestinian state. The Government intends to continue the cultural cooperation with Palestine within the framework of our overall efforts.

The Government will

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  Continue to support the efforts to build a common identity in the context of state- and nation-building in our partner countries, especially through support for the development of an active, civil society-oriented cultural policy.
  

The aim of Norway’s support for the Palestinian cultural sector is to assist the Palestinians in their efforts to build and strengthen their cultural identity. Thus our cultural cooperation is part of our overriding foreign policy goal of support for the Palestinian state-building project. Cultural support is in line with Palestinian national plans, and is intended to promote institution- and capacity-building in the Palestinian Ministry of Foreign Affairs and in civil society.

The Battir Cultural Landscape has received a prize for its efforts to preserve the cultural landscape around Battir village near Bethlehem. The site is recognised for its great aesthetic and symbolic value, which also helps to protect the Palestinian villages in the vicinity. Norway supports the project through UNESCO.

Norway is also supporting the development of a Palestinian art academy in Ramallah, in cooperation with the Oslo National Academy of the Arts, and a Palestinian cultural centre in East Jerusalem. We are funding a cooperation project with UNESCO and Awquaf (the religious authorities at Haram al-Sharif/Temple Mount) on establishing a centre for the restoration of Islamic manuscripts.

During the period 2005–13 Norway provided NOK 13.3 million in support to the Palestinian Cultural Fund through the Palestinian Ministry of Culture. The fund was established with Norwegian support as a mechanism for implementing the Palestinian Ministry of Culture’s strategies. The fund’s main objective is to promote creativity and freedom of expression through financial support to cultural initiatives that stimulate and promote Palestinian culture in Gaza and East Jerusalem and on the West Bank. The fund has also helped improve coordination and cooperation between the Ministry of Culture and cultural institutions and actors in Palestine. In addition to the fund, a number of Norwegian-supported projects have direct links with other Palestinian ministries. This contributes to the overall Palestinian state-building project.



Figure 9.1 Palestinian cultural landscape – a contribution to state- and nation-building.

Photo/copyright: Rima Tadros

Countries in transition often have a special need for other countries’ assistance and cooperation. The Government supports cultural cooperation with countries in transition to democracy, with a focus on independent cultural institutions, and dialogue and cooperation between the state and civil sectors. Independent cultural institutions have the potential to play an important role in democratisation processes, but they often lack resources. Even small contributions can make a considerable difference. Support for art and culture can help to highlight other important aspects of social development, and support for developing platforms and meeting places for critical dialogue and cultural diversity can play an important role in democracy-building.

Norway provided support at an early stage for reform and democratisation processes sparked off by the Arab spring, and gave priority to democracy-building and economic development. The cultural sector plays a key role in civil society’s contribution to democracy-building, and support for this sector is part of Norway’s overall efforts in the Middle East and North Africa.

Box 9.13 The role of culture in the political upheavals in the Arab world

The regime changes and popular unrest known as the Arab spring have shown the importance of culture and the media in identity-building, social change and democratisation. Many would claim that culture has become a significant driver for change in the Arab world. The Arab spring has also shown how digitalisation and the use of social media enable ordinary citizens to influence developments in their country.

The upheavals were marked by cultural innovation, by new actors who created new artistic and cultural expressions, especially in the fields of music and street art, that reflected and inspired the demands for political change. The arrest of 15 young people who had drawn graffiti on a wall in the town of Dara’a in Syria was one of the triggers of the insurgency against the Syrian regime. Artistic expressions that originally started as an underground movement in Egypt and Tunisia rapidly became popular property, often by being spread through the internet and social media. The upheavals also resulted in a steep rise in the sale of books on the internet, including books that had previously been banned.

The upheavals transformed and democratised the cultural sector and its framework conditions in several countries, but in others the framework conditions are a bone of contention in connection with further political developments.

Artistic expression in North Africa has continued to develop in the wake of the upheavals. It remains to be seen what role art and the cultural sector will play in the new contract being negotiated between state and society. End box

That part of the cultural heritage that is perceived as relevant by people in general or local communities can play a central role in the development of an open, democratic society and in conflict prevention and peace-building processes. Many of today’s conflicts are prolongations of historical conflicts between different ethnic and religious groups, and much of the tangible cultural heritage with development potential for societies and areas in conflict situations contains intangible cultural heritage in the form of memories and stories of past conflicts. These stories should be retold from the perspective of peace and reconciliation, for example by preserving and protecting the narratives and interpretations of the different groups within a community.

Archives are an important part of a country’s cultural heritage. Archivists without Borders, which opened a Norwegian chapter in 2011, cooperate on archives work in countries whose documentary heritage is in danger of disappearing or suffering damage.

Norway donated a national archive to the state of South Sudan when it was established in July 2011. The efforts to set up the archive are being coordinated by UNESCO, UNOPS, the Norwegian National Archives and the South Sudanese Ministry of Culture.

War and conflict may also damage intangible cultural heritage. Extremists banned all forms of music in Mali, a country where music has enjoyed a world-wide reputation for decades. Until 2011, the Festival au Désert, an annual music festival held in Mali, was a meeting place for artists from other Malian regions, other African countries, but also from Europe and the rest of the world, where different ethnic groups were united and reconciled through music. Steps are currently being taken to find a safer place for the festival in future.