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.
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.”
The great public interest in art repatriation helped fuel the expansion of public museums in Europe and launched museum-funded archaeological explorations. The concept of art and cultural repatriation gained momentum through the latter decades of the twentieth century and began to show fruition by the end of the century when key works were ceded back to claimants.
The great public interest in art repatriation helped fuel the expansion of public museums in Europe and launched museum-funded archaeological explorations. The concept of art and cultural repatriation gained momentum through the latter decades of the twentieth century and began to show fruition by the end of the century when key works were ceded back to claimants.
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.
The scale of plundering that took place under Napoleon's French Empire was unprecedented in modern history with the only comparable looting expeditions taking place in ancient Roman history.[13] In fact, 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.[14] They also supported their actions with the opinion that their sophisticated artistic taste would allow them to appreciate the plundered art.[15] Napoleon's soldiers crudely dismantled the art by tearing paintings out of their frames hung in churches and sometimes causing damage during the shipping process. Napoleon's soldiers appropriated private collections and even the papal collection.[16] Of the most famous artworks plundered included the Bronze Horses of Saint Mark in Venice and the Laocoön and His Sons in Rome (both since returned), with the later being considered the most impressive sculpture from antiquity at the time.

In 2004 the US passed the Bill HR1047 for the Emergency Protection for Iraq Cultural Antiquities Act, which allows the President authority to impose emergency import restrictions by Section 204 of the Convention on Cultural Property Implementation Act (CCIPA).[32] In 2003, Britain and Switzerland put into effect statutory prohibitions against illegally exported Iraqi artifacts. In the UK, the Dealing in Cultural Objects Bill was established in 2003 that prohibited the handling of illegal cultural objects.
The Native American Graves Protection and Repatriation Act (NAGPRA), passed in 1990, provides a process for museums and federal agencies to return certain cultural items such as human remains, funerary objects, sacred objects, etc. to lineal descendants and culturally affiliated Indian tribes and Native Hawaiian organisations.[65][56] However, the legislation has its limitations and has been successfully contested both domestically and extraterritorially.[66]
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

Encyclopedic museums are located in cosmopolitan cities such as London, Paris, Berlin and New York, and if the artworks were to be moved, they would be seen by far fewer people. If the Rosetta Stone were to be moved from The British Museum to The Cairo Museum, the number of people who view it would drop from about 5.5 million visitors to 2.5 million visitors a year.[54]


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]


Few repatriation cases have been as contentious as that of the Euphronios krater, a red-figure vase hailed as one of the few extant masterpieces by the ancient Greek artist Euphronios, which is also a cautionary tale about looting. Found in 1971 in illegal excavations in an Etruscan tomb in Cerveteri, north of Rome, the vase was bought by the Metropolitan Museum of Art in New York in 1972 from an antiquities dealer. For years, it was on display there, admired by millions of visitors.
In rare cases, a repatriation is arranged so that a collector knowingly buys works identified as stolen to protect them from being further damaged or broken up. That happened in 1985, when the art collector Dominique de Menil bought some 13th-century Byzantine frescoes from a Turkish art dealer after the Greek Orthodox Church of Cyprus and government officials there identified them as having been stolen.
Luna’s Artifact Piece (1987) and Take a Picture with a Real Indian (1993) both confront issues of identity and stereotypes of Native peoples. In Artifact Piece, Luna placed himself into a glass vitrine (like the ones we often see in museums) as if he were a static artifact, a relic of the past, accompanied by personal items like pictures of his family. In Take a Picture with a Real Indian, Luna asks his audience to come take a picture with him. He changes clothes three times. He wears a loincloth, then a loincloth with a feather and a bone breastplate, and then what we might call “street clothes.” Most people choose to take a picture with him in the former two, and so Luna draws attention to the problematic idea that somehow he is less authentically Native when dressed in jeans and a t-shirt.
Museums furnished by colonial looting have largely shaped the way a nation imagines its dominion, the nature of the human beings under its power, the geography of the land, and the legitimacy of its ancestors, working to suggest a process of political inheriting.[41] It is necessary to understand the paradoxical way in which the objects on display at museums are tangible reminders of the power held by those who gaze at them.[42] Eliot Colla describes the structure of the Egyptian sculpture room in the British Museum as an assemblage that "form[s] an abstract image of the globe with London at the center".[43] The British Museum, as Colla describes, presents a lesson of human development and progress: "the forward march of human civilization from its classical origins in Greece and Rome, through Renaissance Italy, to modern-day London".[43]

Luna’s Artifact Piece (1987) and Take a Picture with a Real Indian (1993) both confront issues of identity and stereotypes of Native peoples. In Artifact Piece, Luna placed himself into a glass vitrine (like the ones we often see in museums) as if he were a static artifact, a relic of the past, accompanied by personal items like pictures of his family. In Take a Picture with a Real Indian, Luna asks his audience to come take a picture with him. He changes clothes three times. He wears a loincloth, then a loincloth with a feather and a bone breastplate, and then what we might call “street clothes.” Most people choose to take a picture with him in the former two, and so Luna draws attention to the problematic idea that somehow he is less authentically Native when dressed in jeans and a t-shirt.
The Haisla totem Pole of Kitimat, British Columbia was originally prepared for chief G'psgoalux in 1872. This aboriginal artifact was donated to a Swedish museum in 1929. According to the donor, he had purchased the pole from the Haisla people while he lived on the Canadian west coast and served as Swedish consul. After being approached by the Haisla people, the Swedish government decided in 1994 to return the pole, as the exact circumstances around the acquisition were unclear. The pole was returned to Kitimat in 2006 after a building had been constructed in order to preserve the pole.
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.

Encyclopedic museums are located in cosmopolitan cities such as London, Paris, Berlin and New York, and if the artworks were to be moved, they would be seen by far fewer people. If the Rosetta Stone were to be moved from The British Museum to The Cairo Museum, the number of people who view it would drop from about 5.5 million visitors to 2.5 million visitors a year.[54]

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.


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.


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.
Nationalist retentionist cultural property laws claiming ownership are founded on constructed boundaries of modern nations with weak connections to the culture, spirit, and race to the ancient peoples who produced those antiquities.[52][53] Cultural identities are dynamic, inter-related and overlapping so no modern nation-state can claim cultural property as their own or else they are promoting a sectarian view of culture.
The argument that artwork will not be protected outside of the Western world is hypocritical as much of the artwork transported out of colonized countries was crudely removed and damaged and sometimes lost in transportation. The Elgin marbles for example, were also damaged during the cleaning and "preservation" process. Moreover the Napried, one of the ships commissioned by di Cesnola to transport approximately 35,000 pieces of antiquities that he had collected from Cyprus, was lost at sea carrying about 5,000 pieces in its cargo.[55]
Drawing on careful legal research, the book’s central chapters argue that the laws governing the movement of antiquities today are political constructs heavily influenced by nation-states. Over the past three and a half decades, the conventions of the United Nations Educational, Scientific and Cultural Organization (UNESCO) have increasingly favored the narrow interests of countries like Greece, China, Turkey, and Egypt that lay claim to particular artifacts. They make these claims not out of concern for the welfare of the works themselves, but to assert their authority over, and to profit from, riches originating in their territories. In turn, they incorporate these artifacts into national “histories” that, not coincidentally, exclude ethnic minori­ties and shore up the power of ruling parties.
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.
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The great public interest in art repatriation helped fuel the expansion of public museums in Europe and launched museum-funded archaeological explorations. The concept of art and cultural repatriation gained momentum through the latter decades of the twentieth century and began to show fruition by the end of the century when key works were ceded back to claimants.
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