Native American is used here because people are most familiar with this term, yet we must be aware of the problems it raises. The term applies to peoples throughout the Americas, and the Native peoples of North America, from Panama to Alaska and northern Canada, are incredibly diverse. It is therefore important to represent individual cultures as much as we possibly can. The essays here use specific tribal and First Nations names so as not to homogenize or lump peoples together. On Smarthistory, the artworks listed under Native American Art are only those from the United States and Canada, while those in Mexico and Central America are located in other sections.
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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.
A precedent for art repatriation was set in Roman antiquity when Cicero prosecuted Verres, a senate member and illegal appropriator of art. Cicero's speech influenced Enlightenment European thought and had an indirect impact on the modern debate about art repatriation.[21] Cicero's argument uses military episodes of plunder as "case law" and expresses certain standards when it comes to appropriating cultural property of another people.[22] Cicero makes a distinction between public and private uses of art and what is appropriate for each and he also asserts that the primary purpose of art is religious expression and veneration. He also sets standards for the responsibilities of imperial administration abroad to the code of ethics surrounding the collection of art from defeated Greece and Rome in wartime. Later, both Napoleon and Lord Elgin would be likened to Verres in condemnations of their plundering of art.[23]
Both parties have put forward strong arguments in favor and against the return of the artefacts, but it is not my purpose to judge their validity in any detail here. The essential summary is that the works of art were sold or donated to the Museum of Lleida by nuns from Sixena during the last years of General Franco’s dictatorship. The formality of these purchases and donations is, however, questioned by the Aragon authorities. It may not be a clear-cut case, but it is one that deserves a settlement in a context of institutional normality, in which the Catalan government can defend its own interests.
The agreement between the Boston museum and Turkey acknowledged that the museum had acquired the object “in good faith and without knowledge of any ownership or title issues,” according to a statement from the museum. (In 1981 the museum had acquired a half-interest in the torso, with the other half owned by the American antiquities collectors Leon Levy and Shelby White.)
Some scholars[who?] argue that archaeology can be a positive source of pride in cultural traditions, but can also be abused to justify cultural or racial superiority as the Nazis argued that Germanic people of Northern Europe was a distinct race and cradle of Western civilization that was superior to Jewish race.[citation needed] In some conflicts that involve land ownership, archaeology is used to encourage confrontation by means of constructing of national myth as seen with the ancient fortress of Masada in Israel.[48] In other cases, archaeology allows rulers to justify the domination of neighboring peoples as Saddam Hussein used Mesopotamia's magnificent past to justify his invasion of Kuwait in 1990.[49]
Some scholars[who?] argue that archaeology can be a positive source of pride in cultural traditions, but can also be abused to justify cultural or racial superiority as the Nazis argued that Germanic people of Northern Europe was a distinct race and cradle of Western civilization that was superior to Jewish race.[citation needed] In some conflicts that involve land ownership, archaeology is used to encourage confrontation by means of constructing of national myth as seen with the ancient fortress of Masada in Israel.[48] In other cases, archaeology allows rulers to justify the domination of neighboring peoples as Saddam Hussein used Mesopotamia's magnificent past to justify his invasion of Kuwait in 1990.[49]
The 1978 UNESCO Convention strengthened existing provisions; the Intergovernmental Committee for Promoting the Return of Cultural Property to its Countries of Origin or its Restitution in case of illicit Appropriation was established. It consists of 22 members elected by the General Conference of UNESCO to facilitate bilateral negotiations for the restitution of "any cultural property which has a fundamental significance from the point of view of the spiritual values and cultural heritage of the people of a Member State or Associate Member of UNESCO and which has been lost as a result of colonial or foreign occupation or as a result of illicit appropriation".[35] It was also created to "encourage the necessary research and studies for the establishment of coherent programmes for the constitution of representative collections in countries whose cultural heritage has been dispersed".[35]
In recent years, museums across the United States and Europe have begun returning objects to their countries of origin. Each case tells its own story. While much attention has focused on the act of repatriation, The New York Times looked at what happened to several objects after they went back. Some works, returned with great fanfare, have taken on greater meaning back on view in the countries or cultures that produced them. Other times, after the triumphalism fades, they fall victim to benign neglect, or are not always easy to reach.
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.[18] 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.[14]
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