Carabineros a la mexicana

Archeofurtivism for profit generates more and more indignation, moral condemnations and hardening of measures aimed at stopping it. We refer to the trafficking and sale of cultural property of illicit origin, where the International Code of Ethics for Dealers of Cultural Property, adopted by UNESCO in 1999, is no longer sufficient.

Mexico has pending the approval of the UNIDROIT Convention to correct the three deficiencies of the 1970 Convention (which is not retroactive, which does not have direct effect in the domestic law of the States, and which does not involve to private agents). Likewise, consolidate the action protocol established between the INAH, SEGOB and SRE for the claim and repatriation of these assets.

In that sense , the president has ordered the National Guard, in the presence of Roberto Riccardi, Commander of the Carabinieri Unit that protects the protection of cultural heritage in Italy, the formation of a similar area, specialized in the protection and recovery of cultural property. The proposal is not bad, but it is the product of the rush, the fuel of the occurrences.

Say that Mexico will follow the example of Italy , which has a true unit of agents specialized and professionally trained in art and history and that works in a coordinated way with the areas of culture, interior ministry, customs, UNESCO, Interpol … is to believe that everything is a matter of nomenclature. The Italian carabinieri are not the nation’s bricklayers, they work in specialized areas that range from archeology to forgery expertise. Our National Guard works on the construction of an airport, military barracks, a railway system and even bank branches. In his spare time, he carries out surveillance, public security and protection of medical supplies, among others.

There is a Specialized Unit in Investigation of Crimes against Copyright and Industrial Property in the Attorney General’s Office. Unit that controls and supervises the application of the regulations in this matter, with prevention, investigation and prosecution of infractions and crimes. The prosecution could be the space for this alleged specialized area.

On the other hand, the presidential initiative is a lesson for France, which in the field of auctions has not been consistent with its historical awareness and its contribution to the spirit of Unesco in this matter. The same goes for Germany, which a year ago organized, with the help of UNESCO, the European Commission and the Council of Europe, an international conference on multiculturalism, where the protection of heritage and the fight against the illicit traffic of cultural property, were the central theme, within the framework of the 50th anniversary of the 1970 Convention and the first International Day against Illicit Traffic in Cultural Property. Italy is different, it is an example of good practice regarding the right to culture. From Enrico Spagna Musso, Alessandro Pizzorusso to Roberto Ricardi himself.

Now, does the National Guard have the powers to carry out the assigned task? The answer is yes. In the principles and purposes established in its creation law, it has the necessary powers. However, it is not a matter of competence in legal terms, but in terms of capacity.

On April 15, 2019, Jack Lang , former French culture minister under President François Mitterrand, watched the Notre Dame Cathedral burn from his terrace. He couldn’t resist and; According to his book (A Cultural Revolution. Sayings and Writings), he suggested two things to President Macron: “Set a deadline.” And the second: “You must appoint a commander-in-chief.” Macron set 2024 as the rebuilding date, and appointed Jean-Louis Georgelin, a general, to lead the efforts. We do not have that tradition, and seeing what we have seen, neither that capacity.