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{
"id": 1354516,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1354516/?format=api",
"text_counter": 342,
"type": "speech",
"speaker_name": "Webuye West, UDA",
"speaker_title": "Hon. Daniel Wanyama",
"speaker": null,
"content": "THAT, this House adopts the Report of the Departmental Committee on Sports and Culture on its consideration of the 1970 United Nations Educational, Scientific and Cultural Organisation (UNESCO) Convention on the means of prohibiting and preventing the illicit import, export and transfer of ownership of cultural property, laid on the Table of the House on Thursday, 12th October 2023, and pursuant to the provisions of Section 8(4) of the Treaty Making and Ratification Act, 2012, approves the ratification of the 1970 UNESCO Convention on the means of prohibiting and preventing the illicit import, export and transfer of ownership of cultural property. By way of introduction, the 1970 UNESCO Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property arises from the need to safeguard State parties from the continued loss and illegal transfer of their cultural artefacts. The Convention, therefore, emphasises prevention and international co- operation in cultural property ownership, promoting awareness, and protecting cross-border traffic. The Convention establishes a framework of international co-operation and mutual assistance and obligates State parties to identify, protect, and restitute cultural property that is stolen or exported illegally. It further creates awareness on the need to protect cultural objects against cross-border trafficking. Indeed, repatriation of illegally acquired cultural property will address historical injustices and restore the dignity of the country after having suffered under colonial rule. At present, 144 States have acceded to and are party to the Convention, making Kenya the 155th State. The Convention recommends enforcement of protection of cultural property in three main pillars, namely: 1. Preventive measures, by providing that signatory States to the Convention shall enforce the security and safety of cultural property, such as taking inventory, exportation certifications, monitoring of trade and imposition of penal sanctions. 2. Restitution provisions, whereby State parties are obligated to assist each other in the retrieval of stolen cultural property. 3. International co-operation, by which the Convention seeks to strengthen international ties between signatories and provide assistance and co-operation with one another. The Departmental Committee on Sports and Culture facilitated the consideration of the ratification of the Convention by Parliament. In its consideration, the Committee conducted public participation where it received submissions from various stakeholders, all of whom were in support of Kenya’s accession to the Convention. The Committee also extensively engaged various key stakeholders in the consideration of the Convention. It received submissions from the Ministry of Tourism and Wildlife, the Ministry of Defence and the Ministry of Interior and National Administration. The Committee also received submissions from the Registrar of Treaties as well as the Council of Governors. It also held public hearings in consideration of the Convention and received submissions from the Law Society of Kenya (LSK) and the Creative Economy Working Group. In its memorandum to the Convention, the then Ministry of Tourism, Wildlife and Heritage noted that although the objectives of the Convention are aligned with the Constitution, there is need to domesticate the Convention by amending the National Museums and Heritage Act, the Environmental Management and Coordination Act as well as the Copyright Act to give effect to the provisions of the Convention. The clarion call by the stakeholders was that the accession of the Convention was paramount as it will lead to the protection of Kenya’s natural and cultural heritage, including archaeological sites, wildlife, landscapes and folklore which are currently facing vulnerability due to antique global market openings. The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor."
}