Leaders of the Association of Southeast Asian Nations (ASEAN) have released their 2024 Vision Statement as part of the organization’s 44th and 45th Summits, held in the People’s Democratic Republic of Lao, this year’s Chair.

In sign of the ASEAN’s continued prioritization of cultural heritage, this guiding document announced a new regional initiative:

“We noted the significant efforts to protect, preserve and promote our rich cultural heritage through deepening cooperation with partners in the areas of research, capacity-building and digital culture, and the development of the feasibility study on the envisaged ASEAN Cultural Heritage List.”

ASEAN’s ten governments are already home to 55 UNESCO World Heritage Sites. The ASEAN Cultural Heritage List (ACHL) would complement UNESCO’s efforts to inventory significant heritage while also addressing the region’s specific needs.

The ACHL would also be a boon to agencies responsible for enforcing ASEAN member states’ four regional legal instruments for the protection of cultural property. Databases give authorities a way to identify artifacts, helping authorities catch stolen antiquities, eliminating the payout for looters.

In 2022, Cambodia used its platform as ASEAN Chair to unite the region in the fight against the looting and trafficking of cultural heritage—a transnational crime that is still threatening Southeast Asia’s rich heritage, local communities, and national economies. That same year, the Antiquities Coalition joined the Kingdom’s Ministry of Culture and Fine Arts in recruiting high-level experts to share global best practices at a convening titled, “The Prevention of the Illicit Trafficking of Cultural Properties: An ASEAN Perspective.”

Following Cambodia’s leadership on this issue, ASEAN continues to address cultural destruction and looting. Their strong statement recognized that the illicit trade is a serious transnational crime threatening Southeast Asia’s rich heritage and harming local communities. Safeguarding cultural heritage and building a responsible market are goals pursuant to ASEAN’s broader goals of maintaining and enhancing peace, security, and stability, and committed to collaboration.

The Antiquities Coalition commends the members of ASEAN for their enduring dedication to protecting cultural property.

Read the full statement here.

Learn more about past ASEAN Commitments, here.

Antiquities Coalition joins leading heritage experts in Milan for UNESCO’s “Preventing art crimes through regulation and self-regulation. A partnership between public and private actors.”

In Milan, Executive Director Tess Davis complemented discussions on so-called “soft law” in the private sector with success stories from state initiatives from such international groups as the Association of Southeast Asian Nations (ASEAN), and the Group of 20 (G20), as well as examples of bilateral cooperation like the 2021 Manama Statement of Cooperation between the US and Bahrain to combat criminal misuse of the art and antiquities market.

Today, cultural heritage faces very different challenges than half-a-century ago, when much “hard law” was created. Unlike “hard lad,” “soft law” is not legally binding, and  can include agreements, principles, declarations, statements, recommendations, guidelines, standards, and other instruments used by states and international organizations. 

Expanding economies globally continually grow international demand for ancient art. At the same time, trade—both legal and illegal—increases. Technological advances such as overnight global shipping, social media, and money transfer apps provide accessible outlets for easy, immediate, and anonymous exchange of cultural materials in the international market.

In this new digital age, many of the legal frameworks conceived in the mid-20th century to prevent crimes involving art and antiquities fall short. Presenters in Milan recalled Jeffrey Robinson’s remarks on “The Globalization of Crime”:

“As long as we live in a world where a sovereignty philosophy from the 17th century is reinforced by a legal system conceived in the 18th century, based upon a conception of the fight against crime from the 19th century, which is still trying to come to terms with 20th century technology, the 21st century will belong to international criminals.”

The legal change necessary to meet 21st century challenges is arduous and will take time. However, soft law offers tools to mitigate crime in the interim. Although soft law mechanisms between state parties are less binding than treaties, they are often more inclusive, more efficient, and include stronger language, demonstrating political will, establishing priorities, and endorsing best practices to new audiences.

Speakers affirmed how soft law tools can raise awareness of these criminal threats. Still, persistent cases of high stakes global art crime, carried out by oligarchs and terrorist financiers show the limitations of soft law and self-regulation. Ultimately, both soft law and legal conventions are needed to strengthen law enforcement and support judicial action to hold criminals accountable for dangerous crimes made possible by the globalized art market.

Learn more about the conference here.

Explore the potential of soft law mechanisms in our report, Roadmap for the G20 to Combat the Illicit Trade in Cultural Objects.