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.)
Even the naming conventions applied to peoples need to be revisited. In the past, the Navajo term “Anasazi” was used to name the ancestors of modern-day Puebloans. Today, “Ancestral Puebloans” is considered more acceptable. Likewise, “Eskimo” designated peoples in the Arctic region, but this word has fallen out of favor because it homogenizes the First Nations in this area. In general, it is always preferable to use a tribe or Nation’s specific name when possible, and to do so in its own language.
Some argue that in colonized states, nationalist archaeology was used to resist colonialism and racism under the guise of evolution. While it is true that both colonialist and nationalist discourse use the artifact to form mechanisms to sustain their contending political agendas, there is a danger in viewing them interchangeably since the latter was a reaction and form of resistance to the former. On the other hand, it is important to realize that in the process of emulating the mechanisms of colonial discourse, the nationalist discourse produced new forms of power. In the case of the Egyptian nationalist movement, the new form of power and meaning that surrounded the artifact furthered the Egyptian independence cause but continued to oppress the rural Egyptian population.
The Hague Convention of 1907 aimed to forbid pillaging and sought to make wartime plunder the subject of legal proceedings, although in practice the defeated countries did not gain any leverage in their demands for repatriation. The Hague Convention of 1954 for the Protection of Cultural Property in the Event of Armed Conflict took place in the wake of widespread destruction of cultural heritage in World War II is the first international treaty of a worldwide vocation focusing exclusively on the protection of cultural heritage in the event of armed conflict.
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.
"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."
The word Indian is considered offensive to many peoples. The term derives from the Indies, and was coined after Christopher Columbus bumped into the Caribbean islands in 1492, believing, mistakenly, that he had found India. Other terms are equally problematic or generic. You might encounter many different terms to describe the peoples in North America, such as Native American, American Indian, Amerindian, Aboriginal, Native, Indigenous, First Nations, and First Peoples.
Australian Aboriginal cultural artefacts as well as people have been the objects of study in museums; many were taken in the decades either side of the turn of the 20th century. There has been greater success with returning human remains than cultural objects in recent years, as the question of repatriating objects is less straightforward than bringing home ancestors. Australia has no laws directly governing repatriation, but there is a government programme relating to the return of Aboriginal remains and artefacts, the International Repatriation Program (IRP), administered by the Department of Communications and the Arts. This programme "supports the repatriation of ancestral remains and secret sacred objects to their communities of origin to help promote healing and reconciliation" and assists community representatives work towards repatriation of remains in various ways.
“ The Allies then, having the contents of the museum justly in their power, could not do otherwise than restore them to the countries from which, contrary to the practice of civilized warfare, they had been torn during the disastrous period of the French revolution and the tyranny of Bonaparte. ... Not only, then, would it, in my opinion, be unjust in the Sovereigns to gratify the people of France on this subject, at the expense of their own people, but the sacrifice they would make would be impolitic, as it would deprive them of the opportunity of giving the people of France a great moral lesson. ”
Conservation issues of Pompeii and Herculaneum Conservation-restoration of Ecce Homo by Elías García Martínez Conservation-restoration of The Gross Clinic by Thomas Eakins Conservation-restoration of Leonardo da Vinci's The Last Supper Conservation-restoration of the Shroud of Turin Conservation-restoration of the Sistine Chapel frescoes Conservation-restoration of the Statue of Liberty Conservation-restoration of the H.L. Hunley Modern and Contemporary Art Research Initiative
In order to be legally classified as an indigenous person in the United States and Canada, an individual must be officially listed as belonging to a specific tribe or band. This issue of identity is obviously a sensitive one, and serves as a reminder of the continuing impact of colonial policy. Many contemporary artists, including James Luna (Pooyukitchum/Luiseño) and Jaune Quick-to-See-Smith (from the Confederated Salish and Kootenai Tribes of the Flathead Indian Nation), address the problem of who gets to decide who or what an Indian is in their work.
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. 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. 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.
The UK has rejected India's fresh demand to return its priceless artifacts like "Kohinoor Diamond" and "Sultanganj Buddha" that were stolen, looted or smuggled during British colonial rule, citing a law (British Museum Act 1963) that prevents it from giving back the items. The Archaeological Survey of India (ASI) is planning to join a campaign with the support of UNESCO and other countries to regain the artifacts.[when?]
“I think the Yale case is a good one as a model in some ways because it was resolved diplomatically; it wasn’t resolved through legal decisions,” said Richard Burger, chairman of the Council of Archaeological Studies at Yale and a former curator at the Peabody Museum, who was part of the talks. A committee of Yale scholars and officials from Peru’s Culture Ministry oversee the museum.