China - Revised cultural relics protection law provides strong legislative support for recovery, return of lost treasures

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Huo Zhengxin, Revised cultural relics protection law provides strong legislative support for recovery, return of lost treasures Global Times : Nov 10, 2024  

The revised Law on Protection of Cultural Relics, adopted by China’s National People's Congress, will take effect on March 1, 2025. It represents a historic achievement in China's legal framework for cultural relics protection, as it marks a major step forward in enhancing China's use of legal tools to protect its heritage and fulfill its international obligations, underscoring the central leadership's strategic vision for unified domestic and international legal governance in cultural heritage. A key feature of the revision is the introduction of provisions for the repatriation of cultural relics that have been lost abroad. This responds to public interest and addresses a long-standing challenge in China’s efforts to recover stolen or illegally exported cultural artifacts. While China has made progress in recovering such relics, the lack of clear legal support for repatriation had previously hindered these efforts. The new law includes Article 81, which formalizes the repatriation process. The first clause of Article 81 emphasizes international cooperation to recover cultural relics lost abroad due to theft or illegal export. It tasks China’s State Council’s cultural relics department, in coordination with other relevant agencies, to pursue the return of these artifacts. The clause also requires China to cooperate with other countries to return foreign relics illegally imported into China, based on treaties or agreements. This marks the first time China has legally established a framework for cultural relic repatriation. The law aligns with international agreements such as the UNESCO 1970 Convention and the UNIDROIT Convention, and underscores China’s commitment to both recovering its own lost relics and returning illegally imported foreign artifacts. The law also clarifies that the State Council’s cultural relics department will be the lead authority on relic recovery, with support from other government bodies, such as the police and ministries of foreign affairs and justice. This formalizes a collaborative, multi-departmental approach to cultural relics recovery. Additionally, Article 81 asserts that China’s right to recover lost cultural relics is not subject to statutory time limits, overcoming a significant barrier in international law. This provision ensures that legal time constraints do not impede China’s efforts to recover cultural relics that were lost or stolen long ago.