International Organization for Self-Determination and Equality (IOSDE)

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IOSDE Statement in Support of the return of all Hopi Katsinam to the Tribe 2 November 2013 The State of France, including its authoritative and judicial mechanisms therein, must require auctioneers EVE, the seller(s) of the Indigenous Hopi cultural items in question, and all other past and future nonHopi sellers and auctioneers of Indigenous Hopi cultural items to return all Hopi Katsinam and cultural items to the Hopi Tribe and Hopi delegates and traditional cultural practitioners. For Francie to allow non-Hopi parties to keep Hopi cultural objects, the sacred Katsinum, in their possession and against Hopi will, and despite Hopi demands for the return of the sacred cultural items, is an act of negligence in the scope of International Law by the State of France. Such negligence is a failure of the State of France to adhere to its duty to protect, implement and promote International Human Rights a duty which France is beholden to so as to practice Statehood on friendly1 terms as an member of the international communitynamely, the United Nations and all those Peoples, States and persons the UN represents. Legally France is beholden to2 the United Nations Declaration of Human Rights (UNDHR), International Convention on the Elimination of All Forms of Racial Discrimination (ICERD), International Covenant on Civil and Political Rights (ICCPR), International Covenant on Economic, Social and Cultural Rights (ICESR), and the Convention on the Rights of the Child (CRC), all of which contain crucial articles or International Human Rights Law that require the return of cultural objects to their cultural owners for the furthering of the life of the culture, the health of the Hopi People and children, and non-discrimination, As can be found in the various UN Treaty Articles cited in Appendix 1 of this Statement. Sadly, it is the very theft of and lack of access to the sacred cultural objects of a People, and especially and Indigenous People, that can lead to its cultural and ethnic genocide and spiritual, collective destruction- an act which is illegal under International Criminal Law and a violation of Human and Indigenous Rights. In 2009 the French Minister of Culture agreed to return cultural items to Egypt contained within the Louvre. In that case a committee of 35 specialists unanimously recommended that France give back the cultural items to Egypt. Culture Minister Frederic Mitterr said in a statement the he "immediately decided to follow this recommendation," and that the Egyptian cultural items were acquired by the Louvre in "good faith" and that the decision to return those items reflected France's commitment of "resolute action against illegal trafficking of cultural goods.3 In the spirit of the International Law of Non-Discrimination, IOSDE requests that such fair and culturally- and politically-sensitive treatment is also provided to the Hopi Tribe, a People with Indigenous Rights as well as general Human and Peoples rights, as well as Hopi cultural representatives concerned in the spirit of Cultural Rights and cultural continuation, by the State of France.

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See United Nations General Assembly Resolution Declaration on Principles of International Law Concerning Friendly Relations and Co-operation among States in accordance with the Charter of the United Nations, General Assembly (GA) Resolution 2625 2 http://www.unhchr.ch/tbs/doc.nsf/NewhvVAllSPRByCountry?OpenView&Start=1&Count=250 3 9 October 2009, Washington Post, http://articles.washingtonpost.com/2009-10-09/news/36816644_1_louvre-museum-antiquities-zahi-hawass

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As can be found in numerous UN Treaty Body Comments, Recommendations and other texts addressing Indigenous Peoples, the protection, promotion and implementation of Indigenous Rights is a duty of all States, not only as a component of a growing body of customary International Law, both binding and nonbinding, but also as a necessary component to the UN-mandated end to all forms of discrimination. For France to return cultural items to Egypt, for example, but not to enforce the necessary return of sacred, ceremonial cultural objects to the Hopi Tribe and persons within the Tribe concerned directly undermines not only Hopi leadership internationally in general as well as Hopi government-to-government relationships as a People, but also traditional Hopi culture, thus deeply ignoring the sacred cultural nature of Katsinam and their relation to Hopi Indigenous governance, self-determination, health as a People, right to teach religion to Hopi children, and Hopi traditional medicine- all of which are rights of Indigenous Peoples protected by International Law4. Indeed, UNESCO also states that, "To combat international trafficking in cultural property is to promote due respect for cultural property and for those who are its rightful depositaries."5 See Appendix 2 of this Statement for Historic case studies of return and restitution under the aegis of the Intergovernmental Committee of UNESCO. IOSDE invites the French authorities to add to the historic cases of cultural items returned around the world by ordering the return of the Katsinam to the Hopi.

India Reed Bowers, Indigenous Rights Specialist B.A. Cultural Anthropology, Brown University (United States) LL.M. International Law of Human Rights & Criminal Justice, Utrecht University (Netherlands) Founder & Director, International Organization for Self-Determination and Equality (IOSDE) Independent freelance consultant

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See not only the UNDRIP, the United Nations Declaration on the Rights of Indigenous Peoples (2007), but also all Articles in Appendix 1, which are specifically addressed in the context of Indigenous Rights in Treaty Body Comments, Recommendations and mechanisms. 5 Address by Mr Kochiro Matsuura, Director-General of UNESCO, 12 June 2007, http://www.unesco.org/en/movable-heritage-and-museums/features/recent-examples-of-successful-operations-ofcultural-property-restitutions-in-the-world/

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Appendix I Universal Declaration of Human Rights (UDHR) Article 22 Everyone, as a member of society, has the right to social security and is entitled to realization, through national effort and international co-operation and in accordance with the organization and resources of each State, of the economic, social and cultural rights indispensable for his dignity and the free development of his personality. Article 27 1. Everyone has the right freely to participate in the cultural life of the community, to enjoy the arts and to share in scientific advancement and its benefits. 2. Everyone has the right to the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author. International Covenant on Economic, Social and Cultural Rights (ICESCR) Article 1 1. All peoples have the right of self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development. Article 12 1. The States Parties to the present Covenant recognize the right of everyone to the enjoyment of the highest attainable standard of physical and mental health. Article 15 1. The States Parties to the present Covenant recognize the right of everyone: (a) To take part in cultural life; International Covenant on Civil and Political Rights (ICCPR) Article 1 1. All peoples have the right of self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development. Article 18 1. Everyone shall have the right to freedom of thought, conscience and religion. This right shall include freedom to have or to adopt a religion or belief of his choice, and freedom, either individually or in community with others and in public or private, to manifest his religion or belief in worship, observance, practice and teaching. 2. No one shall be subject to coercion which would impair his freedom to have or to adopt a religion or belief of his choice. [] 4. The States Parties to the present Covenant undertake to have respect for the liberty of parents and, when applicable, legal guardians to ensure the religious and moral education of their children in conformity with their own convictions.

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International Convention on the Elimination of All Forms of Racial Discrimination (ICERD) Article 1 1. In this Convention, the term "racial discrimination" shall mean any distinction, exclusion, restriction or preference based on race, colour, descent, or national or ethnic origin which has the purpose or effect of nullifying or impairing the recognition, enjoyment or exercise, on an equal footing, of human rights and fundamental freedoms in the political, economic, social, cultural or any other field of public life. Article 2 1. States Parties condemn racial discrimination and undertake to pursue by all appropriate means and without delay a policy of eliminating racial discrimination in all its forms and promoting understanding among all races, and, to this end: (a) Each State Party undertakes to engage in no act or practice of racial discrimination against persons, groups of persons or institutions and to en sure that all public authorities and public institutions, national and local, shall act in conformity with this obligation; (b) Each State Party undertakes not to sponsor, defend or support racial discrimination by any persons or organizations; (c) Each State Party shall take effective measures to review governmental, national and local policies, and to amend, rescind or nullify any laws and regulations which have the effect of creating or perpetuating racial discrimination wherever it exists; (d) Each State Party shall prohibit and bring to an end, by all appropriate means, including legislation as required by circumstances, racial discrimination by any persons, group or organization; 2. States Parties shall, when the circumstances so warrant, take, in the social, economic, cultural and other fields, special and concrete measures to ensure the adequate development and protection of certain racial groups or individuals belonging to them, for the purpose of guaranteeing them the full and equal enjoyment of human rights and fundamental freedoms. Article 5 In compliance with the fundamental obligations laid down in article 2 of this Convention, States Parties undertake to prohibit and to eliminate racial discrimination in all its forms and to guarantee the right of everyone, without distinction as to race, colour, or national or ethnic origin, to equality before the law, notably in the enjoyment of the following rights: [] (d) Other civil rights, in particular: [] (v) The right to own property alone as well as in association with others; (vi) The right to inherit; [] (e) Economic, social and cultural rights, in particular: [] (vi) The right to equal participation in cultural activities; Article 6 States Parties shall assure to everyone within their jurisdiction effective protection and remedies, through the competent national tribunals and other State institutions, against any acts of racial discrimination which violate his human rights and fundamental freedoms contrary to this Convention, as well as the right

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to seek from such tribunals just and adequate reparation or satisfaction for any damage suffered as a result of such discrimination. Convention on the Rights of the Child (CRC) (Preamble) Taking due account of the importance of the traditions and cultural values of each people for the protection and harmonious development of the child, Recognizing the importance of international cooperation for improving the living conditions of children in every country, in particular in the developing countries, Article 14 1. States Parties shall respect the right of the child to freedom of thought, conscience and religion. Article 29 1. States Parties agree that the education of the child shall be directed to: [] (c) The development of respect for the child's parents, his or her own cultural identity, language and values, for the national values of the country in which the child is living, the country from which he or she may originate, and for civilizations different from his or her own; (d) The preparation of the child for responsible life in a free society, in the spirit of understanding, peace, tolerance, equality of sexes, and friendship among all peoples, ethnic, national and religious groups and persons of indigenous origin; Article 31 1. States Parties recognize the right of the child to rest and leisure, to engage in play and recreational activities appropriate to the age of the child and to participate freely in cultural life and the arts. 2. States Parties shall respect and promote the right of the child to participate fully in cultural and artistic life and shall encourage the provision of appropriate and equal opportunities for cultural, artistic, recreational and leisure activity.

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Appendix 26 I- Historic case studies of return and restitution under the aegis of the Intergovernmental Committee The Intergovernmental Committee for Promoting the Return of Cultural Property to its Countries of Origin or its Restitution in case of Illicit Appropriation has assisted in several successful cases of restitution: In 1983, Italy returns over 12,000 pre-Columbian objects to Ecuador. The case was resolved after a seven-year litigation. The moral support expressed by the Committee was recognized by the Ecuadorian authorities as a significant factor in the success of their cause. Within the framework of an exchange, and following a request submitted by Jordan in 1983 to the Intergovernmental Committee, the Cincinnati Art Museum (USA) and the Department of Antiquities of Amman (Jordan) decided, in 1986, to jointly exchange moulds of the respective parts of the sandstone panel of Tyche with the zodiac in their possession, in order to be able to present the work in its entirety. This case was resolved by mediation. In 1987, the return of the 7,000 Bogazky cuneiform tablets from the German Democratic Republic to Turkey. The case was resolved by direct return. In 1988, the return of the Phra Narai lintel to Thailand from the United States. The case was resolved by mediation. The Committee also supervised the return to the Museum of Corinth (Greece) of 271 objects held in the United States of America. Another case is suspended (between Iran and Belgium about archaeological objects from the Necropolis of Khurvin).Three other cases are still pending (regarding the Parthenon marbles, involving Greece and United Kingdom,the issue of the sphinx of Bogazky between Turkey and Germany, and the Makond masks case, between Tanzania and Switzerland). II- Recent examples of successful operations of cultural property restitutions
April 2008: Syria returns stolen antiquities to Iraq Syria has returned to Iraq around 700 pieces of antiquities, including gold coins and jewellery, which were stolen in the aftermath of the US intervention. April 2008: France returns more than 260 stolen archaeological items to Burkina Faso France has returned to Burkina Faso 262 stolen archaeological items discovered at the end of 2007 by French customs officers in the northern French port of Rouen. These items, stolen by a French couple, include: 231 fragments of pottery, 8 complete potteries, 17 stone objects and 6 bronze objects dating back to between 1,000 BC and 1,300 BC. April 2008: Cultural relics illicitly exported to Denmark returned to China In adherence with the 1970 UNESCO Convention, the Chinese Government claimed the return of the 156 cultural relics in question through the local Danish court. The relics date back to between the Xia Dynasty (2,000 BC) and the Ming Dynasty (1368-1644). The restitution of these objects demonstrates the resolve of the Chinese Government to recover objects that were smuggled out of the country. February 2008: Restitution from Greece of two statues to the Museum of Buthrote (Albania) <//strong>

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From the United Nations Educational, Scientific and Cultural Organization (UNESCO) page http://www.unesco.org/en/movable-heritage-and-museums/features/recent-examples-of-successful-operations-ofcultural-property-restitutions-in-the-world/

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Two marble statues representative Artemisia and Apollo were returned to the Museum of Buthrote where they had been stolen in the 1990s. January 2008: Restitution of the bust of Marcus Aurelius from the United States to Algeria The U.S. Homeland Security authorities agreed to the restitution of the marble bust of a Roman Emperor that was stolen, as well as eight other archaeological objects, from the Skikda Museum (Algeria) in 1996. December 2007: U.S. Court Orders German Baroness to Return Painting Stolen from Jewish Collector and Art Dealer The U.S. District Court in Rhode Island settled in favour of Concordia University, McGill University of Montreal and the Hebrew University of Jerusalem in their case against the baroness von Morsey Pickard. The return of the "Girl from the Sabine Mountains", by Winterhalter, acquired by Morsey Pickards stepfather in 1937 during the forced sale of the collection of the Jewish gallery owner Max Stern, is a significant decision in the research for the possessions of the Jews spoiled by the IIIth Reich. October 2007: Restitution of hundred of antiques from Germany to Greece 94 objects (figurines, seals, tools and phials) from the Neolithic period that were stolen in 1985 from Larissa (Greece) were returned to Greece from Germany. September 2007: Restitution by Yale University (USA) to Peru of archaeological artefacts from the Machu Picchu After ten years of negotiation, an agreement made between the Peruvian State and the Department of Archaeology of Yale University allowed for the return of more than 350 objects in stone, metal and ceramic and thousands of artefacts. August 2007: Returned to Peru 18 pre-Hispanic archaeological pieces recovered in Germany Ceramics sculptures, objects made from organic material, and a funeral mask made of copper returned to Peru. The success of the repatriation is the result of the close collaboration and coordination between the National Institute of Culture and the Ministry of Foreign Affairs, through the Peruvian Consulate in Hamburg and the Sub-Secretariat of Cultural Policy in Foreign Countries. See more August 2007: Agreement of restitution of 40 archaeological items from the Getty Museum (USA) to Italy In a protocol signed between the Getty Museum Director and the Italian Minister of Cultural Property, the Getty undertook to return to Italy the Morgantina Venus and 39 other valuable archaeological items (vases, amphoras, fragments of fresco etc.) of illicit origin. June 2007: Restitution of an antique sculpture from Switzerland to Greece A marble trunk from Gortyne stolen in Crete in 1991, which was featured on the INTERPOLs Database of Stolen Works of Art, was returned to Greece from Switzerland. June 2007: Agreement by Italy to return hundred of items to Pakistan Italy agreed to return 96 antiques to Pakistan. The vases, coins, and plates etc., dating from 3.300 to 1.800 B.C., had been obtained through illicit trafficking. June 2007: Restitution of two statues from the USA to Kenya Two wooden statues, known as vigango, which were on display at the State of Illinois Museum and at the University of Hampton Museum, were returned to the Kenyan village where they were stolen in 1985. April 2007: Restitution of the Venus de Cyrne from Italy to Libya Italy agreed to return a white marble statue in its possession for near century to Libya, who was requested it since 1989. March 2007: Return of 1,400 Afghan artefacts preserved in Switzerland Some 1,400 Afghan ethnographic and archaeological objects, preserved since 1999 at the Afghanistan Museum-in-Exile (Bubendorf, Switzerland) under the aegis of UNESCO, were repatriated to the National Museum of Afghanistan in Kabul on 16 March 2007. See the Press Release and the Photo Gallery. December 2006: The Getty Museum of Los Angeles agrees to return art items to Greece.

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The Getty agreed to return a gold wreath and a marble statue of a kore (a standing young woman). In August 2006, following an amicable agreement, the Getty also returned a sixth century BC Thasian relief and a fourth century BC Boeotian stele to Greece. In response to accusations against its acquisition policy, the Getty announced a stricter policy with guidelines for bringing the Institutions procedures into line with the principles of the 1970 UNESCO Convention. September 2006: The Boston Museum of Fine Arts agrees to return art items to Italy The Boston Museum of Fine Arts reached an amicable agreement with Italy over the return of 13 items, which included a marble statue of the Empress Sabina, dating from 136 AD, and some ancient vases. September 2006: Return of a Parthenon fragment from Germany to Greece Through an amicable consensus, the University of Heidelberg (Germany) returned a small piece of marble portraying a mans foot to the Greek Ministry of Culture. This is the first fragment from the Parthenon sculptures to return to Greece since European collectors removed large sections from the building some 200 years ago. February 2006: Agreement for restitution of the Euphronios crater from the Metropolitan Museum of Art (USA) to Italy Reversing its long-standing position, the Met decided to return a 2,500-year-old Greek vase that was considered to be one of the worlds finest. This antique crater, made by the Greek painter Euphronios, was returned to Italy in January 2008.

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