Memorandum of Under;standing between the Government of the Republic of Tunisia and the Government of the United States of America:
In 1970, the UNESCO Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property was drafted to demonstrate the gravity of illegal trade of cultural items and to combat this phenomenon. The legislation enumerates preventive measures such as inventories, export certificates, monitoring trade, and the imposition of penal or administrative sanctions, in addition to information and education campaigns. Additionally, the act also implements provisions for restitution.
Article 9 of the document provides a possibility for more specific undertakings such as a call for export, import, and international commerce controls. This article, along with others contained in the document, is particularly important in cases where cultural patrimony is in jeopardy from pillage and/or looting. It is on the grounds of the stipulations laid out in Article 9, that Tunisia has requested import restrictions from the United States.
By signing onto the UNESCO legislation, and also drafting its own laws under The Convention on Cultural Property Implementation Act (CPIA), the U.S. has shown a commitment to valuing the preservation and protection of cultural heritage through cultural property agreements. These agreements are intended to promote economic development and intercept illicit financing of terrorist organizations/ criminal networks via black market trade while also combatting pillaging and trafficking.
The Republic of Tunisia has strong stakes in its tourism industry. The country is rich in ancient and medieval cultural sites, particularly in ancient and medieval Roman sites of interest. The coastlines also boast beautiful beaches complete with a vibrant nightlife and shisha culture. Tunisian archaeological and historical sites, along with their respective artifacts and museums, makeup a deep cultural heritage and serve as a robust economic asset. However, since the 2011 Arab Spring revolutions, socio-political instability has increased in Tunisia and other neighboring countries. These tensions have come with a greater threat of destruction to sites via illegal looting and cross-border smuggling for potential economic gain.
Since the initial drafting of the UNESCO treaty, 137 nation-states have signed on, showcasing their commitment to preserving cultural patrimony. While the first signatories were countries rich in artifacts of archaeological and worldly interest, it took decades, and in some cases, scores of years longer for W.E.I.R.D. (Western, educated, industrialized, rich and democratic) nations, lacking in artifacts but rich in museums and institutes of higher education, like the United States, the United Kingdom, Germany, and Australia to sign on. Perhaps there is an irony here in that many of the first signatories were once subjected to harsh imperial colonialism at the hands of the later signatories.
Such is the case for Tunisia, a former protectorate of France. After an 1881 invasion caused by rivalry between French and Italian interests in the area, it wasn’t until 1956, nearly 75 years later that France recognized Tunisia as an independent state. In 1987, Zine El Abidine Ben Ali overthrew Habib Bourguiba, the first president of independent Tunisia, in a bloodless coup d’etat by. By 2010, protests against Ben Ali began over high unemployment and food scarcity and by January 2011 these protests became full-scale riots leading to death by the hundreds.
Ben Ali was dismissed from government and by the end of the month a "national unity government" was formed. A new constitution was drafted and ratified and parliamentary and presidential elections for a permanent government were held at the end of 2014. Caid Essebsi was elected as the first president under the country's new constitution but due to his untimely death, Kais Saied was sworn in as president in October 2019. This is the current leadership of Tunisia as of its memorandum outreach to the U.S.
Currently, Tunisia faces three main threats in terms of terrorism, al-Qa'ida (which aims to overthrow various African regimes and replace them with one ruled by Sharia), and Ansar al-Sharia and the Islamic State of Iraq and ash-Sham (ISIS) which both aim to expand their respective influence in Tunisia.
In supporting Tunisian efforts to safeguard their respective cultural patrimony, the United States can not only assist in the rebuilding of Tunisia’s economy post Arab spring revolutions, but also can support Tunisian efforts to fight corruption, organized crime, and the potential to finance terrorism. While the United States used to partake (though arguably still partakes) in democracy by force, here the United States can simply support Tunisia’s self-determined establishment of democracy and governmental legitimacy and independence via the stroke of a pen. It is no skin off the United States’ teeth to cooperate with Tunisia and comply with their proposed suggestion.
BIBLIOGRAPHY
“The World Factbook: Tunisia.” Central Intelligence Agency, Central Intelligence Agency, 1 Feb. 2018, www.cia.gov/library/publications/the-world-factbook/geos/ts.html.
“Cultural Property Advisory Committee Meeting Jan 21 – 22, 2020 | Bureau of Educational and Cultural Affairs.” U.S. Department of State, U.S. Department of State, eca.state.gov/highlight/cultural-property-advisory-committee-meeting-jan-21-22-2020.
“Current Import Restrictions | Bureau of Educational and Cultural Affairs.” U.S. Department of State, U.S. Department of State, eca.state.gov/cultural-heritage-center/cultural-property-advisory-committee/current-import-restrictions.
https://eca.state.gov/files/bureau/tunisia_request_public_summary.pdf
