Opposed to the nationalist, proprietary, and even tribal concerns of such regimes, Cuno believes, are the benevolent interests of public museums. They hover above the sectarian conflicts gripping much of the world, drawing human beings together by demonstrating the interrelatedness of all civilizations. Cuno exalts “the museum of international, indeed universal aspirations, and not of nationalist limitations, curious and respectful of the world’s artistic and cultural legacy as common to us all”—the ideal repository, in his view, for artifacts that illuminate this legacy. He advocates a return to the system of partage, whereby foreign-led excavation teams provide archaeological expertise to source countries in return for a share of the finds, to be exhibited in public galleries elsewhere. Further, he urges compromises that would allow museums to display unprovenanced antiquities—particularly those acquired before the stricter trafficking laws of recent decades—reminding his readers of the aesthetic and educational rewards to be reaped by their presence in major collections.
Napoleon's extensive plunder of Italy was criticized by such French artists as Antoine-Chrysostôme Quatremère de Quincy (1755–1849), who circulated a petition that gathered the signatures of fifty other artists. With the founding of the Louvre Museum in Paris in 1793, Napoleon's aim was to establish an encyclopedic exhibition of art history, which later both Joseph Stalin and Adolf Hitler would attempt to emulate in their respective countries.
Impressive in its grasp of historical and political issues, ranging across anthropology, archaeology, and law, Cuno’s book evinces careful thought about the implications of antiquities trafficking across many eras. Yet it also raises complicated questions that will surely provoke further debate within the art community. Most important, the dichotomy between tribal nation-states and cosmopolitan museums cannot be so simple as Cuno pretends. The encyclopedic museum is, after all, a product, even an instrument, of modern national and imperial interests. The Louvre was populated by Napoleon’s rapacious plunder, then used as a political tool to demonstrate France’s dominance in the theater of Europe. And who can walk the halls of the British Museum without thinking of the empire on which the sun never set? A related question that could be posed by nation-states demanding restitution of valuable artifacts is: If encyclopedic museums are truly institutions of “international, indeed universal aspirations,” then why are they located primarily in powerful First World countries? Cuno advocates their extension to nations all over the globe, but the fact is that no such collection will be coming to the Darfur region anytime soon. For the foreseeable future, the encyclopedic museum and policies that promote it will chiefly serve rich Westerners.
Most Western museums now acknowledge a strong ethical case for returning objects, especially if they have been found to have left their countries of origin under dubious circumstances, as in the case of the goddess of Morgantina. The Getty, which had bought the statue in 1988 for $18 million, returned it to Italy in 2011 after Italian prosecutors found that it had been looted, illegally exported and sold by dealers who very likely dissembled about its provenance.
In the 19th century, many groups were violently forced from their ancestral homelands onto reservations. This is an important factor to remember when reading the essays and watching the videos in this section because the art changes—sometimes very dramatically—in response to these upheavals. You might read elsewhere that objects created after these transformations are somehow less authentic because of the influence of European or Euro-American materials and subjects on Native art. However, it is crucial that we do not view those artworks as somehow less culturally valuable simply because Native men and women responded to new and sometimes radically changed circumstances.
One significant step that has been taken to correct some of this colonial legacy has been NAGPRA, or the Native American Graves Protection and Repatriation Act of 1992. This is a U.S. federal law that dictates that “human remains, funerary objects, sacred objects, and objects of cultural patrimony, referred to collectively in the statute as cultural items” be returned to tribes if they can demonstrate “lineal descent or cultural affiliation.” Many museums in the U.S. have been actively trying to repatriate items and human remains. For example, in 2011, a museum returned a wooden box drum, a hide robe, wooden masks, a headdress, a rattle, and a pipe to the Tlingít T’akdeintaan Clan of Hoonah, Alaska. These objects were purchased in 1924 for $500.
Collecting Collection (artwork) Collections care Collection catalog Collections maintenance Collections management (museum) Collection Management Policy Collections management system Cultural heritage management Cultural resources management Deaccessioning (museum) Digital repository audit method based on risk assessment Display case Documentation of cultural property Emergency response (museum) Exhibition of cultural heritage objects Found in collection Inherent vice Inventory (museum) Museum integrated pest management Preservation metadata Preservation Metadata: Implementation Strategies Preservation of meaning Preservation survey Provenance Repatriation Restoration (cultural heritage) Storage of cultural heritage objects
Returned to Peru in 2012, the objects — which include ceramics, tools, jewelry and human and animal bones — provide a remarkable account of the city, which was abandoned after the Spanish conquest of Peru in the 16th century. Many are now on view at a museum in Cuzco, the nearest city to Machu Picchu. The installation is still largely that from a 2003 traveling exhibition organized by the Peabody Museum, which celebrates the triumphs of Bingham, but that emphasis is likely to change as Peruvian museum authorities take command.
In 1612, the personal library of Sultan Zaydan An-Nasser of Morocco was trusted to French consul Jean Phillipe de Castellane for transportation. After Castellane waited for six days not receiving his pay, he sailed away. A flotilla commanded by Spanish privateer Luis Fajardo de Córdoba captured the ship and took it to Lisbon (then part of the Spanish Empire). In 1614, the Zaydani Library was transmitted to El Escorial. Moroccan diplomats have since asked for the manuscripts to be returned. Some other Arabic manuscripts have been delivered by Spain, but not the Zaydani collection. In 2013, the Spanish Cultural Heritage Institute presented microfilm copies of the manuscripts to Moroccan authorities.
As further justification for colonial rule, the archaeological discoveries also shaped the way European colonialists identified with the artifacts and the ancient people who made them. In the case of Egypt, colonial Europe's mission to bring the glory and magnificence of ancient Egypt closer to Europe and incorporate it into knowledge of world history, or better yet, European history placed ancient Egypt in a new spotlight. With the archaeological discoveries, ancient Egypt was adopted into the Western historical narrative and came to take on a significance that had up until that time been reserved for ancient Greek and Roman civilization. The French revolutionaries justified the large-scale and systematic looting of Italy in 1796 by viewing themselves as the political successors of Rome, in the same way that ancient Romans saw themselves as the heirs of Greek civilization; by the same token, the appropriation of ancient Egyptian history as European history further legitimated Western colonial rule over Egypt. But while ancient Egypt became patrimony of the West, modern Egypt remained a part of the Muslim world. The writings of European archaeologists and tourists illustrate the impression that modern Egyptians were uncivilized, savage, and the antithesis of the splendor of ancient Egypt.
In 1863 US President Abraham Lincoln summoned Francis Lieber, a German-American jurist and political philosopher, to write a legal code to regulate Union soldiers' behavior toward Confederation prisoners, noncombatants, spies and property. The resulting General Orders No.100 or the Lieber Code, legally recognized cultural property as a protected category in war. The Lieber Code had far-reaching results as it became the basis for the Hague Convention of 1907 and 1954 and has led to Standing Rules of Engagement (ROE) for US troops today. A portion of the ROE clauses instruct US troops not to attack "schools, museums, national monuments, and any other historical or cultural sites unless they are being used for a military purpose and pose a threat".
"The government, the legitimate government of Greece gave permission for those to be taken at the time - now, it was a Turkish government of occupation, you could argue, but it was legally done," said Kimerly Rorsarch, director of the Seattle Art Museum and president of the Association of Art Museum Directors. "There's documentation, permission was given. They were openly removed, they weren't dug up out of the ground clandestinely. You know, how do you go back? I mean, throughout history, wars, disruption, things have changed hands in distressing ways."
In response to the Iraqi National Museum looting, UNESCO Director-General, Kōichirō Matsuura convened a meeting in Paris on April 17, 2003 in order to assess the situation and coordinate international networks in order to recover the cultural heritage of Iraq. On July 8, 2003, Interpol and UNESCO signed an amendment to their 1999 Cooperation Agreement in the effort to recover looted Iraqi artifacts.
China, for example, while agitating for the return of cultural properties exported from its lands, has ignored the archaeological history of the Uighur minority within its borders and instead has collected and exhibited ancient objects that endorse the reigning Han Chinese. Meanwhile, Cuno asserts, China’s ostensible care for its material past is belied by the government’s failure to control the internal looting and sale of artifacts and by projects such as the Three Gorges Dam, which upon its completion will flood as many as 1,300 archaeological sites. Similarly, he argues, Greece’s calls for the return of the Elgin Marbles from Britain, where they have been located since the early 19th century, are born of nationalist greed: Greek authorities want the marbles back not in the interests of archaeological consistency, but in order to confer ancient legitimacy on their modern government. The objects are co-opted as a “political symbol of the new Greece . . . said to belong to Greece and to hold within them the very spirit of its people.”