The restitution of cultural heritage requires appropriate legal frameworks, institutions with technical expertise, and cooperation mechanisms that make it possible to move from the identification of an item to its effective return. This was one of the key messages shared by UNESCO during the regional seminarPrevention and Combat of Illicit Trafficking of Cultural Property: Strengthening Capacities and Regional Cooperation, held from October 6 to 7 in Montevideo, Uruguay.
During the meeting, UNESCO presented theComparative Study on the Processes of Return and Restitution of Cultural Property in Latin America and the Caribbean (2015–2023), which provides recommendations to strengthen national responses and cooperation among States.
The seminar, held with the support of the UNESCO Regional Office in Montevideo within the framework ofMERCOSUR Cultural 2026,brought together representatives from MERCOSUR member countries and specialists from the culture, customs, security, public prosecution, foreign affairs, and museum sectors. Its objective was to strengthen institutional capacities and promote cooperation mechanisms to prevent, detect, and investigate the illicit trafficking of cultural property. The agenda included training and knowledge-sharing sessions, as well as practical activities aimed at improving prevention and response tools to address this crime..
The meeting also provided an opportunity to highlight MERCOSUR progress in approving theAgreement on the Protection and Recovery of Cultural Property within MERCOSUR, which will help harmonize legal frameworks and strengthen cooperation mechanisms among the countries of this regional bloc to provide greater protection for cultural heritage.
About the comparative study on the processes of return and restitution of cultural property in Latin America and the Caribbean
UNESCO Peru’s participation in this regional cooperation effort is framed within the 1970 Convention, which establishes an international framework to prevent and combat the illicit import, export, and transfer of cultural property. In line with this objective, the study, prepared by UNESCO Offices in Peru and Montevideo, providesevidencia comparativa sobre los procesos de retorno y restitución en América Latina y el Caribe.
It analyzes information from 15 countries and offers a regional perspective on the mechanisms used to recover cultural property, the institutional channels for restitution, and the management of cultural property once it has been returned to its countries of origin. In addition to identifying progress and good practices, the study highlights outstanding challenges and provides recommendations to strengthen national capacities and cooperation among States.
Between 2015 and 2023, these 15 countries reported the recovery of more than 37,000 cultural objects. However, the findings reveal differences between countries in the number of objects recovered and their ability to sustain return and restitution processes. These disparities reflect the diversity of legal frameworks, institutional capacities, and recovery strategies, highlighting the importance of strengthening technical capacities and promoting the exchange of experiences and good practices.
In this context, regional spaces for dialogue and exchange help share lessons learned and strengthen coordination among countries. One example is theForo Cusco,promoted by Peru Ministries of Culture and Foreign Affairs with technical assistance from UNESCO. Its tercera edición, held in 2025, brought together 190 participants and representatives from 15 countries across Latin America and the Caribbean.
Regional cooperation as a tool for restitution
The study identified 357 restitution cases and found that diplomatic channels were the most commonly used, accounting for 305 cases, compared to 116 involving police action and 13 handled through judicial proceedings. These channels can complement one another depending on the specific circumstances of each case, highlighting the importance of coordination among cultural, diplomatic, police, customs, and judicial authorities.
Cooperation is also supported by legal instruments that facilitate coordination among States. The study identified 106 bilateral treaties among the countries analyzed, as well as other mechanisms, such as memorandums of understanding. At the regional level, Decision 861 of the Andean Community, adopted in 2020, strengthens mechanisms for the recovery, restitution, and return of cultural property among Andean countries.
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The digital publication ofComparative Study on the Processes of Return and Restitution of Cultural Property in Latin America and the Caribbean (2015–2023)will be available online in November 2026.
Related items
This article is related to the United Nation’s Sustainable Development Goals.
SDG 16 – Promote peaceful and inclusive societies for sustainable development, provide access to justice for all and build effective, accountable and inclusive institutions at all levels
