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.[36]
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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.[20] This decision contrasted sharply to a long-held tradition to the effect that "to the victors go the spoils."[20] 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.[24] Moreover, the British paid for the restitution of the papal collection to Rome because the Pope could not finance the shipping himself.[25] 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.[26] 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.[27] 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.[28] In a letter to Lord Castlereagh he wrote:

These treasures await those who make the sometimes difficult journey. About a 90-minute drive west of Catania, Aidone is in the province of Enna, Sicily’s poorest, and is less than 15 miles from Piazza Armerina, whose Roman-era mosaics, part of a Unesco World Heritage site, are among the most visited spots in Sicily. But the island, renowned for political corruption, lacks reliable public transportation. Local roads are sometimes closed.
An Egyptian worker cleans some of the archeological pieces inside the Egyptian Museum on February 16, 2011. Looters broke into the museum in Cairo's Tahrir Square on January 28 when anti-Mubarak protesters drove his despised police from the streets in a series of clashes, shattering 13 display cases and at least 70 artifacts, some of which have been recovered and repaired.
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.”
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.[56] 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.[57][58][59]
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.[30] 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.[31] 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".[31]

“ 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. ”
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]

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.
While some repatriation cases have stemmed from protracted legal battles, the settlement between Yale University and the government of Peru was hailed as a triumph of diplomacy and cross-cultural exchange. After years of often acrimonious talks, in 2010 Yale agreed to return the artifacts, and the university and Alan García, then the president of Peru, pledged to help create a joint study and research center with the Universidad Nacional de San Antonio Abad del Cusco.
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?][citation needed]

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.
Some argue that in colonized states, nationalist archaeology was used to resist colonialism and racism under the guise of evolution.[47] 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.[46]
This is a worrying attitude. It indicates that Spain is willing to use direct rule for its own benefit, even if that means opposing the long-standing policies of the democratically elected government that has just been ousted and jailed under charges of tumultuous sedition. The case of the heritage of Sixena has a long history of legal disputes between the governments of Catalonia and Aragon.
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.
Greece is seeking repatriation of the Elgin Marbles from the British Museum, taken from the Parthenon by Thomas Bruce, 7th Earl of Elgin. Since 1816, the British Museum has held the Parthenon Marbles ("In Britain, the acquisition of the collection was supported by some, while other critics compared The British Consul at Greece Elgin's actions to vandalism or looting", text from the Marbles article), and, despite the tortuous and ill-explained path from Greece to England, the museum strongly defends its right to own and display the marbles.
The Yale case has also paved the way for Peru to reclaim objects from around the world, including a collection of Paracas textiles, which the city of Gothenburg, Sweden, is in talks to return. “Their concern is how are these pieces going to be taken care of” if they leave Sweden? Mr. Castillo said. “It’s a legitimate concern,” he added. “The point is that Peru is ready.”
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]
In truth, there is no need to reject the premises of the contemporary nation-state—a move likely to alienate the very parties with whom compromise is needed—in order to advance the changes Cuno proposes. Try as they might, Italy, Greece, and China cannot hope to repossess all the antiquities ever removed from their soil. As he suggests, agreements that give these countries custody of certain objects while promoting long-term loans, reciprocal education, and responsible archaeology are an obvious way forward. Such governments could even be convinced that sharing their patrimony with others will advance their national reputation abroad. Cuno’s concept of a change in terminology from “ownership” of cultural properties to their “stewardship”—different nations holding such objects in trust for the benefit of various audiences—could also attract the support of these states. However, in order for agreements to happen, First World museumgoers will have to respect the concerns and claims of source nations.
From early on, the field of archaeology was deeply involved in political endeavors and in the construction of national identities. This early relationship can be seen during the Renaissance and the proto-Italian reactions against the High Gothic movement, but the relationship became stronger during 19th century Europe when archaeology became institutionalized as a field of study furnished by artifacts acquired during the rise of European colonialism led by the British and French.[37] Colonialism and the field of archaeology mutually supported one another as the need to acquire knowledge of ancient artifacts justified further colonial dominance.
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