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.
Art was repatriated for the first time in modern history when Arthur Wellesley, 1st Duke of Wellington overturned art plundered by Napoleon to Italy after his and Marshal Blücher's armies defeated the French at the Battle of Waterloo in 1815. This decision contrasted sharply to a long-held tradition to the effect that "to the victors go the spoils." This is remarkable considering that in the battle of Waterloo alone, the financial and human costs were colossal; the decision to not only refrain from plundering France but to repatriate France's prior seizures from the Netherlands, Italy, Prussia, and Spain, was extraordinary. Moreover, the British paid for the restitution of the papal collection to Rome because the Pope could not finance the shipping himself. When British troops began packing up looted art from the Louvre, there was a public outcry in France. Crowds reportedly tried to prevent the taking of the Horses of Saint Mark and there were throngs of weeping ladies outside the Louvre Museum. Despite the unprecedented nature of this repatriation effort, there are recent estimations that only about 55 percent of what was taken was actually repatriated: the Louvre Director at the time, Vivant Denon, had sent out many important works to other parts of France before the British could take them. Wellington viewed himself as representing all of Europe's nations and he believed that the moral decision would be to restore the art in its apparently proper context. In a letter to Lord Castlereagh he wrote:
In some cases, this may mean parting with objects we have known for decades. When I was growing up, a reproduction of the Euphronios Krater, flattened onto a small varnished panel, hung on a wall of my family home. I used to wonder at the scene and its coded urgency: who were the strange winged and masked figures, and why were they grappling with the muscular body of the young man? When I finally saw the original, it seemed to be a flashback to a death I had actually witnessed, so visceral were the outlines. Encountering more of the vase’s history, I wasn’t happy to discover that my education in art had been facilitated by looting and smuggling. Neither am I happy that the Krater is no longer in New York, where other schoolchildren might have profited from it. But I’ve also learned that a productive approach to this controversy requires seeing the good side of the bad and the bad side of the good. Perhaps the Euphronios Krater has finally come home; but “homecoming” is a concept as many-faceted as the people who wish to shelter and treasure such an extraordinary object.
One such priority is surely money, which receives scant attention in Cuno’s argument. Most cultural properties are excavated from poor places and brought to richer ones, where they attract further economic bounty in the form of tourism. Why should such benefits accrue to New York rather than Cairo or Athens? Another value is archaeological preservation: the exceptions documented by Cuno notwithstanding, many source nations harbor a genuine interest in establishing or re-establishing historical and geographic contexts for lost objects. Surely archaeologists working in the field should be taken as authorities on the need for cooperation, not confrontation, with governments in these matters.
Many twentieth and twenty-first century artists, including Oscar Howe (Yanktonai Sioux), Alex Janvier (Chipewyan [Dene]) and Robert Davidson (Haida), don’t consider themselves to work outside of so-called “traditional arts.” In 1958, Howe even wrote a famous letter commenting on his methods when his work was denounced by Philbrook Indian Art Annual Jurors as not being “authentic” Native art:
Alabama, Arizona, Arkansas, Connecticut, Illinois, Iowa, Kansas, Kentucky, Massachusetts, Minnesota, Mississippi, Missouri, the Dakotas, Ohio, Oklahoma, Oregon, Utah, Wisconsin, Wyoming—all state names derived from Native American sources. Pontiac, moose, raccoon, pecan, kayak, squash, chipmunk, Winnebago. These common words also derive from different Native words and demonstrate the influence these groups have had on the United States.Pontiac, for instance, was an 18th century Ottawa chief (also called Obwandiyag), who fought against the British in the Great Lakes region. The word “moose,” first used in English in the early seventeenth century during colonization, comes from Algonquian languages.
"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."
Méndez de Vigo has instructed the Department of Culture of the Catalan government, now under his leadership, to obey a provisional judicial order that dictates the return of the objects to their former location in Aragon, Catalonia’s neighboring region. Even though this judicial order could still be disputed, the minister demands its immediate implementation.
The broader issue here regards cosmopolitanism, the philosophy that informs Cuno’s defense of the modern museum. As formulated by Jacques Derrida, Kwame Anthony Appiah, and others in conversation with a tradition stretching back thousands of years and through many intellectual traditions, cosmopolitanism asserts that our common humanity gives us grounds for mutual understanding. It requires us to try to comprehend alien points of view. If cosmopolitan values call attention to the importance of the museum—helping us to look beyond its sometimes exploitative past toward a future in which it deepens the cultural awareness of people across the world—then they also demand that we take a tolerant approach to its foes. We owe something to countries laying claim to artifacts, even if they are doing so in ways that appear “tribal,” selfish, or politically motivated. After all, the priorities of these nation-states may be just as important for them as sharing a common artistic patrimony is for “enlightened” members of the world community.
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". 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".
When she was first offered the works, depicting Christ Pantocrator and the Virgin Mary with the Christ child surrounded by the archangels Michael and Gabriel, Mrs. de Menil was skeptical about their provenance. She quietly approached the Church of Cyprus, which said the frescoes had been secreted out of the apse and the dome of the church of St. Euphemianos in Lyssi, in a part of Cyprus that had been annexed by Turkey in 1974.