Labour Party - Speeches

Cultural Property (Protection in Armed Conflict) Bill First Reading Speech

05.09.2008

Judith Tizard's First Reading speech notes for the Cultural Property (Protection in Armed Conflict) Bill. The actual First Reading speech was given by Leader of the House Hon Dr Michael Cullen on 5 September 2008.

I move, that the Cultural Property (Protection in Armed Conflict) Bill be now read a first time.

At the appropriate time I will move that the Cultural Property (Protection in Armed Conflict) Bill be referred to the Government Administration Committee for consideration.

This Bill relates to the Hague Convention on the Protection of Cultural Property in the Event of Armed Conflict (commonly called the 1954 Hague Convention).

The Government Administration Committee has already considered the case for New Zealand's becoming party to the Hague Convention and its two Protocols.

The parliamentary treaty examination was completed in May, receiving full support from the Government Administration Committee, with no matters being reported as needing to be drawn to the attention of the House after consideration of the National Interest Analyses for these instruments.

Therefore, New Zealand subsequently ratified the Convention at UNESCO in Paris on 24 July this year.

The Bill will enable New Zealand to accede to the two Protocols to the Hague Convention.

Historically, New Zealand has set a high standard for accession of international treaties. We become a State party only when the Government is satisfied that our domestic laws, policies, and practices are consistent with the treaty at issue.

There are currently 119 States Party to the Hague Convention itself, 96 to the first Protocol, and 46 to the Second Protocol.

Among the countries that have ratified the Convention and acceded to both Protocols are: Canada, Japan, the Netherlands and Spain. The United Kingdom is currently working towards accession to all three instruments (the convention itself and its two protocols).

The Hague Convention and its Protocols work for cultural property in a similar way to the Geneva Conventions and its Protocols, which safeguard civilians in armed conflicts.

Nationally important cultural property to be safeguarded by the Hague Convention includes historic monuments, archaeological sites, art works, collections of books, museums, and scientific collections. The property will be able to be identified with a Convention emblem.

The Protocols provide supplementary provisions to the Convention. The First Protocol is concerned with the illegal export trade in cultural objects from warring states.

The Second Protocol provides additional protection to the very most important cultural objects in the world. Both Protocols require legislative action before New Zealand can become Party to them.

Accession to these Protocols will reinforce the excellent reputation of New Zealand's armed forces serving overseas.

The Ministry for Culture and Heritage will be working with the New Zealand Defence Force to ensure its training and operational manuals meet the requirements of the Convention.

New Zealand's commitment to the various international measures which protect cultural property is reinforced.

New Zealand last year also acceded to the UNESCO Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property (1970) and the UNIDROIT Convention on Stolen or Illegally Exported Cultural Objects (1995).

Joining the Hague Convention completes New Zealand's membership of the major international humanitarian instruments.

1) Criminalisation of serious violations of the Second Protocol:
The Second Protocol requires that States create a number of criminal offences, when committed intentionally during an armed conflict. These are created in Part Two of the Bill.

The offences include making property subject to enhanced protection under the Second Protocol the object of attack, the extensive destruction or appropriation of cultural property, and stealing, appropriating or vandalising cultural property.

Provision is also made for appropriate penalties for these offences, and for other related obligations.

2) Prohibition of trade in cultural property removed from occupied territory. Part Three of the Bill provides that:

3) Preventing unauthorised use of the Convention emblem.
Part Four of the Bill makes unauthorised uses of the Convention emblem an offence.

The Bill also makes provision for appropriate penalties for the various offences created by the Bill.

Prosecution of New Zealanders if the offences took place overseas is made possible, and various related elements are allowed for (such as extradition, aiding and abetting offences, and prosecuting perpetrators who happen to be present in New Zealand).

I appreciate the support of other parties in the House to expedite the passage of this Bill.

Ratification of this Convention will reinforce New Zealand's participation in the UNESCO family as a champion of the protection of cultural property.

I thank my colleagues in the House for supporting and assisting the passage of the Bill, and I commend this Bill to the House.