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Cultural Property (Armed Conflicts) Act 2017

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This is the original version (as it was originally enacted).

Chapter 6Institutional Issues

Meeting of the Parties

Article 23(1.The Meeting of the Parties shall be convened at the same time as the General Conference of UNESCO, and in co-ordination with the Meeting of the High Contracting Parties, if such a meeting has been called by the Director-General.

(2.The Meeting of the Parties shall adopt its Rules of Procedure.

(3.The Meeting of the Parties shall have the following functions:

(a)to elect the Members of the Committee, in accordance with Article 24 paragraph 1;

(b)to endorse the Guidelines developed by the Committee in accordance with Article 27 sub-paragraph 1(a);

(c)to provide guidelines for, and to supervise the use of the Fund by the Committee;

(d)to consider the report submitted by the Committee in accordance with Article 27 sub-paragraph 1(d);

(e)to discuss any problem related to the application of this Protocol, and to make recommendations, as appropriate.

(4.At the request of at least one-fifth of the Parties, the Director-General shall convene an Extraordinary Meeting of the Parties.

Committee for the Protection of Cultural Property in the Event of Armed Conflict

Article 24(1.The Committee for the Protection of Cultural Property in the Event of Armed Conflict is hereby established. It shall be composed of twelve Parties which shall be elected by the Meeting of the Parties.

(2.The Committee shall meet once a year in ordinary session and in extra-ordinary sessions whenever it deems necessary.

(3.In determining membership of the Committee, Parties shall seek to ensure an equitable representation of the different regions and cultures of the world.

(4.Parties members of the Committee shall choose as their representatives persons qualified in the fields of cultural heritage, defence or international law, and they shall endeavour, in consultation with one another, to ensure that the Committee as a whole contains adequate expertise in all these fields.

Term of office

Article 25(1.A Party shall be elected to the Committee for four years and shall be eligible for immediate re-election only once.

(2.Notwithstanding the provisions of paragraph 1, the term of office of half of the members chosen at the time of the first election shall cease at the end of the first ordinary session of the Meeting of the Parties following that at which they were elected. These members shall be chosen by lot by the President of this Meeting after the first election.

Rules of procedure

Article 26(1.The Committee shall adopt its Rules of Procedure.

(2.A majority of the members shall constitute a quorum. Decisions of the Committee shall be taken by a majority of two-thirds of its members voting.

(3.Members shall not participate in the voting on any decisions relating to cultural property affected by an armed conflict to which they are parties.

Functions

Article 27(1.The Committee shall have the following functions:

(a)to develop Guidelines for the implementation of this Protocol;

(b)to grant, suspend or cancel enhanced protection for cultural property and to establish, maintain and promote the List of Cultural Property under Enhanced Protection;

(c)to monitor and supervise the implementation of this Protocol and promote the identification of cultural property under enhanced protection;

(d)to consider and comment on reports of the Parties, to seek clarifications as required, and prepare its own report on the implementation of this Protocol for the Meeting of the Parties;

(e)to receive and consider requests for international assistance under Article 32;

(f)to determine the use of the Fund;

(g)to perform any other function which may be assigned to it by the Meeting of the Parties.

(2.The functions of the Committee shall be performed in co-operation with the Director-General.

(3.The Committee shall co-operate with international and national governmental and non-governmental organizations having objectives similar to those of the Convention, its First Protocol and this Protocol. To assist in the implementation of its functions, the Committee may invite to its meetings, in an advisory capacity, eminent professional organizations such as those which have formal relations with UNESCO, including the International Committee of the Blue Shield (ICBS) and its constituent bodies. Representatives of the International Centre for the Study of the Preservation and Restoration of Cultural Property (Rome Centre) (ICCROM) and of the International Committee of the Red Cross (ICRC) may also be invited to attend in an advisory capacity.

Secretariat

Article 28The Committee shall be assisted by the Secretariat of UNESCO which shall prepare the Committee’s documentation and the agenda for its meetings and shall have the responsibility for the implementation of its decisions.

The Fund for the Protection of Cultural Property in the Event of Armed Conflict

Article 29(1.A Fund is hereby established for the following purposes:

(a)to provide financial or other assistance in support of preparatory or other measures to be taken in peacetime in accordance with, inter alia, Article 5, Article 10 sub-paragraph (b) and Article 30; and

(b)to provide financial or other assistance in relation to emergency, provisional or other measures to be taken in order to protect cultural property during periods of armed conflict or of immediate recovery after the end of hostilities in accordance with, inter alia, Article 8 sub-paragraph (a).

(2.The Fund shall constitute a trust fund, in conformity with the provisions of the financial regulations of UNESCO.

(3.Disbursements from the Fund shall be used only for such purposes as the Committee shall decide in accordance with the guidelines as defined in Article 23 sub-paragraph 3(c). The Committee may accept contributions to be used only for a certain programme or project, provided that the Committee shall have decided on the implementation of such programme or project.

(4.The resources of the Fund shall consist of:

(a)voluntary contributions made by the Parties;

(b)contributions, gifts or bequests made by:

(i)other States;

(ii)UNESCO or other organizations of the United Nations system;

(iii)other intergovernmental or non-governmental organizations; and

(iv)public or private bodies or individuals;

(c)any interest accruing on the Fund;

(d)funds raised by collections and receipts from events organized for the benefit of the Fund; and

(e)all other resources authorized by the guidelines applicable to the Fund.

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