Art repatriation
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Repatriation is the return of the
cultural property Cultural property does not have a universal definition, but it is commonly considered to be tangible (physical, material) items that are part of the cultural heritage of a group or society, as opposed to less tangible cultural expressions. They i ...
, often referring to ancient or
looted art Looted art has been a consequence of looting during war, natural disaster and riot for centuries. Looting of art, archaeology and other cultural property may be an opportunistic criminal act or may be a more organized case of unlawful or unet ...
, to their country of origin or former owners (or their heirs). The disputed cultural property items are physical artifacts of a group or society taken by another group, usually in the act of looting, whether in the context of imperialism,
colonialism Colonialism is a practice or policy of control by one people or power over other people or areas, often by establishing colony, colonies and generally with the aim of economic dominance. In the process of colonisation, colonisers may impose the ...
, or
war War is an intense armed conflict between states, governments, societies, or paramilitary groups such as mercenaries, insurgents, and militias. It is generally characterized by extreme violence, destruction, and mortality, using regular o ...
. The contested objects vary widely and include
sculpture Sculpture is the branch of the visual arts that operates in three dimensions. Sculpture is the three-dimensional art work which is physically presented in the dimensions of height, width and depth. It is one of the plastic arts. Durable ...
s,
paintings Painting is the practice of applying paint, pigment, color or other medium to a solid surface (called the "matrix" or "support"). The medium is commonly applied to the base with a brush, but other implements, such as knives, sponges, and ai ...
,
monument A monument is a type of structure that was explicitly created to commemorate a person or event, or which has become relevant to a social group as a part of their remembrance of historic times or cultural heritage, due to its artistic, hist ...
s, objects such as
tool A tool is an object that can extend an individual's ability to modify features of the surrounding environment or help them accomplish a particular task. Although many animals use simple tools, only human beings, whose use of stone tools dates ba ...
s or
weapon A weapon, arm or armament is any implement or device that can be used to deter, threaten, inflict physical damage, harm, or kill. Weapons are used to increase the efficacy and efficiency of activities such as hunting, crime, law enforcement, ...
s for purposes of anthropological study, and human remains. The looting of defeated peoples' cultural heritage by war has been common practice since ancient times. In the modern era, the Napoleonic looting of art was a series of confiscations of artworks and precious objects carried out by the French army or French officials in the territories of the
First French Empire The First French Empire, officially the French Republic, then the French Empire (; Latin: ) after 1809, also known as Napoleonic France, was the empire ruled by Napoleon Bonaparte, who established French hegemony over much of continental E ...
, including the Italian peninsula, Spain, Portugal, the
Low Countries The term Low Countries, also known as the Low Lands ( nl, de Lage Landen, french: les Pays-Bas, lb, déi Niddereg Lännereien) and historically called the Netherlands ( nl, de Nederlanden), Flanders, or Belgica, is a coastal lowland region in N ...
, and Central Europe. The looting continued for nearly 20 years, from 1797 to the
Congress of Vienna The Congress of Vienna (, ) of 1814–1815 was a series of international diplomatic meetings to discuss and agree upon a possible new layout of the European political and constitutional order after the downfall of the French Emperor Napoleon B ...
in 1815. After Napoleon's defeat, some of the looted artworks were returned to their country of origin, among them the Lion and the
Horses of Saint Mark The Horses of Saint Mark ( it, Cavalli di San Marco), also known as the Triumphal Quadriga or Horses of the Hippodrome of Constantinople, is a set of bronze statues of four horses, originally part of a monument depicting a quadriga (a four-hor ...
, that were repatriated to Venice. But many other artworks remained in French museums, like the
Louvre The Louvre ( ), or the Louvre Museum ( ), is the world's most-visited museum, and an historic landmark in Paris, France. It is the home of some of the best-known works of art, including the ''Mona Lisa'' and the ''Venus de Milo''. A central l ...
museum, the
Bibliothèque Nationale A library is a collection of materials, books or media that are accessible for use and not just for display purposes. A library provides physical (hard copies) or digital access (soft copies) materials, and may be a physical location or a vi ...
in Paris or other collections in France. In the early 21st century, debates about the colonial context of acquisitions by Western collections have centered both around arguments against and in favor of repatriations. Since the publication of the French
report on the restitution of African cultural heritage ''The Restitution of African Cultural Heritage. Toward a New Relational Ethics'' (in French: ''Rapport sur la restitution du patrimoine culturel africain. Vers une nouvelle éthique relationnelle'') is a report written by Senegalese academic and ...
in 2018, these debates have gained new international attention and have led to changes regarding the public role of museums and to restitutions on moral rather than merely legal grounds.


Background


War and looting


Ancient world

War and the subsequent looting of defeated peoples have been common practice since ancient times. The stele of King
Naram-Sin of Akkad Naram-Sin, also transcribed Narām-Sîn or Naram-Suen ( akk, : '' DNa-ra-am D Sîn'', meaning "Beloved of the Moon God Sîn", the "𒀭" being a silent honorific for "Divine"), was a ruler of the Akkadian Empire, who reigned c. 2254–2218 BC ...
, which is now displayed in the Louvre Museum in Paris, is one of the earliest works of art known to have been looted in war. The stele commemorating Naram-Sin's victory in a battle against the
Lullubi Lullubi, Lulubi ( akk, 𒇻𒇻𒉈: ''Lu-lu-bi'', akk, 𒇻𒇻𒉈𒆠: ''Lu-lu-biki'' "Country of the Lullubi"), more commonly known as Lullu, were a group of tribes during the 3rd millennium BC, from a region known as ''Lulubum'', now the Sha ...
people in 2250 BCE was taken as war plunder about a thousand years later by the Elamites who relocated it to their capital in Susa, Iran. There, it was uncovered in 1898 by French archaeologists. The Palladion was the earliest and perhaps the most important stolen statue in western literature.Miles, p. 20 The small carved wooden statue of an armed
Athena Athena or Athene, often given the epithet Pallas, is an ancient Greek religion, ancient Greek goddess associated with wisdom, warfare, and handicraft who was later syncretism, syncretized with the Roman goddess Minerva. Athena was regarded ...
served as Troy's protective
talisman A talisman is any object ascribed with religious or magical powers intended to protect, heal, or harm individuals for whom they are made. Talismans are often portable objects carried on someone in a variety of ways, but can also be installed perm ...
, which is said to have been stolen by two Greeks who secretly smuggled the statue out of the Temple of Athena. It was widely believed in antiquity that the conquest of Troy was only possible because the city had lost its protective talisman. This myth illustrates the sacramental significance of statuary in Ancient Greece as divine manifestations of the gods that symbolized power and were often believed to possess supernatural abilities. The sacred nature of the statues is further illustrated in the supposed suffering of the victorious Greeks afterward, including Odysseus, who was the mastermind behind the robbery. According to Roman myth, Rome was founded by Romulus, the first victor to dedicate spoils taken from an enemy ruler to the
Temple of Jupiter Feretrius The Temple of Jupiter Feretrius (Latin: ''Aedes Iuppiter Feretrius'') was, according to legend, the first temple ever built in Rome (the second being the Temple of Jupiter Optimus Maximus). Its site is uncertain but is thought to have been on the ...
. In Rome's many subsequent wars, blood-stained armor and weaponry were gathered and placed in temples as a symbol of respect toward the enemies' deities and as a way to win their patronage.Miles, p. 13 As Roman power spread throughout Italy where Greek cities once reigned, Greek art was looted and ostentatiously displayed in Rome as a triumphal symbol of foreign territories brought under Roman rule. However, the triumphal procession of
Marcus Claudius Marcellus Marcus Claudius Marcellus (; 270 – 208 BC), five times elected as consul of the Roman Republic, was an important Roman military leader during the Gallic War of 225 BC and the Second Punic War. Marcellus gained the most prestigious award a Roma ...
after the fall of Syracuse in 211 is believed to have set a standard of reverence to conquered sanctuaries as it engendered disapproval by critics and a negative social reaction. According to
Pliny the Elder Gaius Plinius Secundus (AD 23/2479), called Pliny the Elder (), was a Roman author, naturalist and natural philosopher, and naval and army commander of the early Roman Empire, and a friend of the emperor Vespasian. He wrote the encyclopedic ' ...
, the
Emperor Augustus Caesar Augustus (born Gaius Octavius; 23 September 63 BC – 19 August AD 14), also known as Octavian, was the first Roman emperor; he reigned from 27 BC until his death in AD 14. He is known for being the founder of the Roman Pr ...
was sufficiently embarrassed by the history of Roman plunder of Greek art to return some pieces to their original homes. A precedent for art repatriation was set in Roman antiquity when
Cicero Marcus Tullius Cicero ( ; ; 3 January 106 BC – 7 December 43 BC) was a Roman statesman, lawyer, scholar, philosopher, and academic skeptic, who tried to uphold optimate principles during the political crises that led to the esta ...
prosecuted
Verres Gaius Verres (c. 120–43 BC) was a Roman magistrate, notorious for his misgovernment of Sicily. His extortion of local farmers and plundering of temples led to his prosecution by Cicero, whose accusations were so devastating that his defence adv ...
, 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. 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. 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.


Looting during Napoleon's Empire

The scale of plundering during Napoleon's French Empire was unprecedented in modern history with the only comparable looting expeditions taking place in ancient Roman history. 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.Miles, p. 320 They also supported their actions with the opinion that their sophisticated artistic taste would allow them to appreciate the plundered art. 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.Miles, p. 321 The most famous artworks plundered included the Bronze Horses of Saint Mark in Venice (itself loot from the
Sack of Constantinople The sack of Constantinople occurred in April 1204 and marked the culmination of the Fourth Crusade. Crusader armies captured, looted, and destroyed parts of Constantinople, then the capital of the Byzantine Empire. After the capture of the ...
in 1204) and the
Laocoön and His Sons The statue of ''Laocoön and His Sons'', also called the Laocoön Group ( it, Gruppo del Laocoonte), has been one of the most famous ancient sculptures ever since it was excavated in Rome in 1506 and placed on public display in the Vatican Museums ...
in Rome (both since returned), with the latter being considered the most impressive sculpture from antiquity at the time. The Laocoön had a particular meaning for the French because it was associated with a myth in connection to the founding of Rome. When the art was brought into Paris, the pieces arrived in the fashion of a triumphal procession modeled after the common practice of ancient Romans. 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. With the founding of the
Louvre Museum The Louvre ( ), or the Louvre Museum ( ), is the world's most-visited museum, and an historic landmark in Paris, France. It is the home of some of the best-known works of art, including the ''Mona Lisa'' and the ''Venus de Milo''. A central l ...
in Paris in 1793, Napoleon's aim was to establish an encyclopedic exhibition of art history, which later both
Joseph Stalin Joseph Vissarionovich Stalin (born Ioseb Besarionis dze Jughashvili; – 5 March 1953) was a Georgian revolutionary and Soviet political leader who led the Soviet Union from 1924 until his death in 1953. He held power as General Secretar ...
and
Adolf Hitler Adolf Hitler (; 20 April 188930 April 1945) was an Austrian-born German politician who was dictator of Nazi Germany, Germany from 1933 until Death of Adolf Hitler, his death in 1945. Adolf Hitler's rise to power, He rose to power as the le ...
would attempt to emulate in their respective countries. Napoleon continued his art conquests in 1798 when he invaded Egypt in an attempt to safeguard French trade interests and to undermine Britain's access to India via Egypt. His expedition in Egypt is noted for the 167 "savants" he took with him including scientists and other specialists equipped with tools for recording, surveying and documenting ancient and modern Egypt and its natural history. Among other things, the expedition discoveries included the
Rosetta Stone The Rosetta Stone is a stele composed of granodiorite inscribed with three versions of a decree issued in Memphis, Egypt, in 196 BC during the Ptolemaic dynasty on behalf of King Ptolemy V Epiphanes. The top and middle texts are in Ancien ...
and the
Valley of the Kings The Valley of the Kings ( ar, وادي الملوك ; Late Coptic: ), also known as the Valley of the Gates of the Kings ( ar, وادي أبوا الملوك ), is a valley in Egypt where, for a period of nearly 500 years from the 16th to 11th ...
near Thebes. The French military campaign was short-lived and unsuccessful and the majority of the collected artifacts (including the Rosetta Stone) were seized by British troops, ending up in the
British Museum The British Museum is a public museum dedicated to human history, art and culture located in the Bloomsbury area of London. Its permanent collection of eight million works is among the largest and most comprehensive in existence. It docum ...
. Nonetheless, the information gathered by the French expedition was soon after published in the several volumes of ''
Description de l'Égypte The ''Description de l'Égypte'' ( en, Description of Egypt) was a series of publications, appearing first in 1809 and continuing until the final volume appeared in 1829, which aimed to comprehensively catalog all known aspects of ancient and m ...
'', which included 837 copperplate engravings and over 3,000 drawings. In contrast to the disapproving public reaction to the looting of Italian works of art, the appropriation of Egyptian art saw widespread interest and fascination throughout Europe, inciting a phenomenon which came to be called "
Egyptomania Egyptomania refers to a period of renewed interest in the culture of ancient Egypt sparked by Napoleon's Egyptian Campaign in the 19th century. Napoleon was accompanied by many scientists and scholars during this Campaign, which led to a large ...
".Miles, p. 329 A notable consequence of looting is its ability to hinder contemporary repatriation claims of cultural property to a country or community of origin. A process that requires proof of theft of an illegal transaction, or that the object originated from a specific country, can be difficult to provide if the looting and subsequent movements or transactions were undocumented. For example, in 1994 the British Library acquired Kharosthi manuscript fragments and has since refused to return them unless their origin could be identified (Afghanistan, Pakistan, or Tajikistan), of which the library itself was unsure.


Repatriation after the Napoleonic Wars

Art was repatriated for the first time in modern history when
Arthur Wellesley, 1st Duke of Wellington Arthur Wellesley, 1st Duke of Wellington, (1 May 1769 – 14 September 1852) was an Anglo-Irish people, Anglo-Irish soldier and Tories (British political party), Tory statesman who was one of the leading military and political figures of Uni ...
returned to Italy art that had been plundered by Napoleon, after his and Marshal Blücher's armies defeated the French at the
Battle of Waterloo The Battle of Waterloo was fought on Sunday 18 June 1815, near Waterloo, Belgium, Waterloo (at that time in the United Kingdom of the Netherlands, now in Belgium). A French army under the command of Napoleon was defeated by two of the armie ...
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 The Horses of Saint Mark ( it, Cavalli di San Marco), also known as the Triumphal Quadriga or Horses of the Hippodrome of Constantinople, is a set of bronze statues of four horses, originally part of a monument depicting a quadriga (a four-hor ...
and there were throngs of weeping ladies outside the Louvre Museum.Miles, p. 334 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 Dominique Vivant, Baron Denon (4 January 1747 – 27 April 1825) was a French artist, writer, diplomat, author, and archaeologist. Denon was a diplomat for France under Louis XV and Louis XVI. He was appointed as the first Director of the Louvre ...
, 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 Robert Stewart, 2nd Marquess of Londonderry, (18 June 1769 – 12 August 1822), usually known as Lord Castlereagh, derived from the courtesy title Viscount Castlereagh ( ) by which he was styled from 1796 to 1821, was an Anglo-Irish politician ...
he wrote: Wellington also forbade pilfering among his troops as he believed that it led to the lack of discipline and distraction from military duty. He also held the view that winning support from local inhabitants was an important break from Napoleon's practices. 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.


20th and 21st centuries


Looting by Germany during the Nazi era

One of the most infamous cases of esurient art plundering in wartime was the
Nazi Nazism ( ; german: Nazismus), the common name in English for National Socialism (german: Nationalsozialismus, ), is the far-right totalitarian political ideology and practices associated with Adolf Hitler and the Nazi Party (NSDAP) in ...
appropriation of art from both public and private holdings throughout Europe and Russia. The looting began before
World War II World War II or the Second World War, often abbreviated as WWII or WW2, was a world war that lasted from 1939 to 1945. It involved the vast majority of the world's countries—including all of the great powers—forming two opposing ...
with illegal seizures as part of a systematic persecution of Jews, which was included as a part of Nazi crimes during the
Nuremberg Trials The Nuremberg trials were held by the Allies against representatives of the defeated Nazi Germany, for plotting and carrying out invasions of other countries, and other crimes, in World War II. Between 1939 and 1945, Nazi Germany invaded m ...
. During World War II, Germany plundered 427 museums in the
Soviet Union The Soviet Union,. officially the Union of Soviet Socialist Republics. (USSR),. was a List of former transcontinental countries#Since 1700, transcontinental country that spanned much of Eurasia from 1922 to 1991. A flagship communist state, ...
and ravaged or destroyed 1,670
Russian Orthodox Russian Orthodoxy (russian: Русское православие) is the body of several churches within the larger communion of Eastern Orthodox Christianity, whose liturgy is or was traditionally conducted in Church Slavonic language. Most ...
churches, 237
Catholic The Catholic Church, also known as the Roman Catholic Church, is the largest Christian church, with 1.3 billion baptized Catholics worldwide . It is among the world's oldest and largest international institutions, and has played a ...
churches and 532 synagogues.


Looting in Iraq after the fall of the Saddam Hussein regime

A well-known recent case of wartime looting was the plundering of ancient artifacts from the
National Museum of Iraq The Iraq Museum ( ar, المتحف العراقي) is the national museum of Iraq, located in Baghdad. It is sometimes informally called the National Museum of Iraq, a recent phenomenon influenced by other nations' naming of their national museum ...
in Baghdad at the outbreak of the war in 2003. Although this was not a case in which the victors plundered art from their defeated enemy, it was result of the unstable and chaotic conditions of war that allowed looting to happen and which some would argue was the fault of the invading US forces. Archaeologists and scholars criticized the US military for not taking the measures to secure the museum, a repository for a myriad of valuable ancient artifacts from the ancient Mesopotamian civilization. In the several months leading up to the war, scholars, art directors, and collector met with
the Pentagon The Pentagon is the headquarters building of the United States Department of Defense. It was constructed on an accelerated schedule during World War II. As a symbol of the U.S. military, the phrase ''The Pentagon'' is often used as a meton ...
to ensure that the US government would protect Iraq's important archaeological heritage, with the National Museum in Baghdad being at the top of the list of concerns.Greenfield, p. 263 Between April 8, when the museum was vacated and April 12, when some of the staff returned, an estimated 15,000 items and an additional 5,000 cylinder seals were stolen. Moreover, the National Library was plundered of thousands of
cuneiform Cuneiform is a logo-syllabic script that was used to write several languages of the Ancient Middle East. The script was in active use from the early Bronze Age until the beginning of the Common Era. It is named for the characteristic wedge-sh ...
tablets and the building was set on fire with half a million books inside; fortunately, many of the manuscripts and books were preserved. A US task force was able to retrieve about half of the stolen artifacts by organizing and dispatching an inventory of missing objects and by declaring that there would be no punishment for anyone returning an item. In addition to the vulnerability of art and historical institutions during the Iraq war, Iraq's rich archaeological sites and areas of excavated land (Iraq is presumed to possess vast undiscovered treasures) have fallen victim to widespread looting.Greenfield, p. 268 Hordes of looters disinterred enormous craters around Iraq's archaeological sites, sometimes using bulldozers. It is estimated that between 10,000 and 15,000 archaeological sites in Iraq have been despoiled.


Legal issues


National government laws


United States

In 1863 US President
Abraham Lincoln Abraham Lincoln ( ; February 12, 1809 – April 15, 1865) was an American lawyer, politician, and statesman who served as the 16th president of the United States from 1861 until his assassination in 1865. Lincoln led the nation thro ...
summoned
Francis Lieber Francis Lieber (March 18, 1798 or 1800 – October 2, 1872), known as Franz Lieber in Germany, was a German-American jurist, gymnast and political philosopher. He edited an '' Encyclopaedia Americana''. He was the author of the Lieber Code duri ...
, a German-American jurist and political philosopher, to write a legal code to regulate Union soldiers' behavior toward Confederate prisoners, noncombatants, spies and property. The resulting ''General Orders No.100'' or the
Lieber Code The Lieber Code of April 24, 1863, issued as General Orders No. 100, Adjutant General's Office, 1863, was an instruction signed by U.S. President Abraham Lincoln to the Union forces of the United States during the American Civil War that dictated h ...
, legally recognized cultural property as a protected category in war. 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.Miles, p. 352 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". 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). 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.


United Kingdom

Repatriation in the UK has been highly debated in recent years, however there is still a lack of formal national legislation that expressly outlines general claims and repatriation procedures. As a result, guidance on repatriation stems from museum authority and government guidelines, such as the Museum Ethnographers' Group (1994) and the Museums Association Guidelines on Restitution and Repatriation (2000). This means that individual museum policies on repatriation can vary significantly depending on the museum's views, collections and other factors. The repatriation of human remains is governed by the
Human Tissue Act 2004 The Human Tissue Act 2004 is an Act of the Parliament of the United Kingdom, that applied to England, Northern Ireland and Wales, which consolidated previous legislation and created the Human Tissue Authority to "regulate the removal, storage, u ...
. However, the Act itself does not create guidelines on the process of repatriation, it merely states it is legally possible for museums to do so. This again highlights that successful repatriation claims in the UK are dependent on museum policy and procedure. One example includes the
British Museum The British Museum is a public museum dedicated to human history, art and culture located in the Bloomsbury area of London. Its permanent collection of eight million works is among the largest and most comprehensive in existence. It docum ...
's policy on the restitution of human remains.


International conventions

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 World War II or the Second World War, often abbreviated as WWII or WW2, was a world war that lasted from 1939 to 1945. It involved the vast majority of the world's countries—including all of the great powers—forming two opposing ...
and is the first international treaty of a worldwide vocation focusing exclusively on the protection of cultural heritage in the event of armed conflict. Irini Stamatoudi suggests that the 1970 UNESCO convention on prohibiting and preventing illicit imports and exports and the 1995 UNIDROIT convention on stolen or illegally exported cultural objects are the most important international conventions related to cultural property law.


UNESCO

The 1970 UNESCO Convention against Illicit Export under the Act to implement the convention (the Cultural Property Implementation Act) allowed for stolen objects to be seized, if there were documentation of it in a museum or institution of a state party, the convention also encouraged member states to adopt the convention within their own national laws. The following agreement in 1972 promoted world cultural and natural heritage. 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". In response to the Iraqi National Museum looting, UNESCO Director-General,
Kōichirō Matsuura is a Japanese diplomat. He is the former Director-General of UNESCO. He was first elected in 1999 to a six-year term and reelected on 12 October 2005 for four years, following a reform instituted by the 29th session of the General Conference. In ...
convened a meeting in Paris on April 17, 2003, to assess the situation and coordinate international networks in order to recover the cultural heritage of Iraq. On July 8, 2003,
Interpol The International Criminal Police Organization (ICPO; french: link=no, Organisation internationale de police criminelle), commonly known as Interpol ( , ), is an international organization that facilitates worldwide police cooperation and cri ...
and UNESCO signed an amendment to their 1999 Cooperation Agreement in the effort to recover looted Iraqi artifacts.


UNIDROIT

The
UNIDROIT UNIDROIT (formally, the International Institute for the Unification of Private Law; French: ''Institut international pour l'unification du droit privé'') is an intergovernmental organization whose objective is to harmonize international privat ...
(International Institute for the Unification of Private Law) Convention on Stolen or Illicitly Exported Cultural Objects of 1995 called for the return of illegally exported cultural objects.


Cultural heritage in international contexts


Colonialism and identity

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 The Renaissance ( , ) , from , with the same meanings. is a period in European history The history of Europe is traditionally divided into four time periods: prehistoric Europe (prior to about 800 BC), classical antiquity (800 BC to AD ...
and the proto-Italian reactions against the
High Gothic High Gothic is a particularly refined and imposing style of Gothic architecture that appeared in northern France from about 1195 until 1250. Notable examples include Chartres Cathedral, Reims Cathedral, Amiens Cathedral, Beauvais Cathedral, and ...
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
New Imperialism In historical contexts, New Imperialism characterizes a period of colonial expansion by European powers, the United States, and Japan during the late 19th and early 20th centuries. Com The period featured an unprecedented pursuit of ove ...
era of European colonialism. Colonialism and the field of archaeology mutually supported one another as the need to acquire knowledge of ancient artifacts justified further colonial dominance. As further justification for colonial rule, the archaeological discoveries also shaped the way European colonialists identified with the artifacts and the ancient people who made them. In the case of Egypt, colonial Europe's mission was to bring the glory and magnificence of ancient Egypt closer to Europe and incorporate it into knowledge of world history, or better yet, use European history to place ancient Egypt in a new spotlight. With the archaeological discoveries, ancient Egypt was adopted into the Western historical narrative and came to take on a significance that had up until that time been reserved for ancient Greek and Roman civilization.Colla 103 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; by the same token, the appropriation of ancient Egyptian history as European history further legitimated Western colonial rule over Egypt. But while ancient Egypt became patrimony of the West, modern Egypt remained a part of the Muslim world. The writings of European archaeologists and tourists illustrate the impression that modern Egyptians were uncivilized, savage, and the antithesis of the splendor of ancient Egypt. 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. 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. Eliot Colla describes the structure of the Egyptian sculpture room in the British Museum as an assemblage that "form an abstract image of the globe with London at the center".Colla 5 The
British Museum The British Museum is a public museum dedicated to human history, art and culture located in the Bloomsbury area of London. Its permanent collection of eight million works is among the largest and most comprehensive in existence. It docum ...
, 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". The restoration of monuments was often made in colonial states to make natives feel as if in their current state, they were no longer capable of greatness.Anderson 181 Furthermore, sometimes colonial rulers argued that the ancestors of the colonized people did not make the artifacts. Some scholars also argue that European colonialists used monumental archaeology and tourism to appear as the guardian of the colonized, reinforcing unconscious and undetectable ownership. Colonial rulers used peoples, religions, languages, artifacts, and monuments as source for reinforcing European nationalism, which was adopted and easily inherited from the colonial states.


Nationalism and identity

As a direct reaction and resistance to colonial oppression, archaeology was also used for the purpose of legitimating the existence of an independent nation-state. For example, Egyptian Nationalists utilized its ancient history to invent the political and expressive culture of " Pharaonism" as a response to Europe's "
Egyptomania Egyptomania refers to a period of renewed interest in the culture of ancient Egypt sparked by Napoleon's Egyptian Campaign in the 19th century. Napoleon was accompanied by many scientists and scholars during this Campaign, which led to a large ...
".Colla 12 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. Some scholars 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 the Jewish race.. In other cases, archaeology allows rulers to justify the domination of neighboring peoples as
Saddam Hussein Saddam Hussein ( ; ar, صدام حسين, Ṣaddām Ḥusayn; 28 April 1937 – 30 December 2006) was an Iraqi politician who served as the fifth president of Iraq from 16 July 1979 until 9 April 2003. A leading member of the revolutio ...
used
Mesopotamia Mesopotamia ''Mesopotamíā''; ar, بِلَاد ٱلرَّافِدَيْن or ; syc, ܐܪܡ ܢܗܪ̈ܝܢ, or , ) is a historical region of Western Asia situated within the Tigris–Euphrates river system, in the northern part of the ...
's magnificent past to justify his
invasion of Kuwait The Iraqi invasion of Kuwait was an operation conducted by Iraq on 2 August 1990, whereby it invaded the neighboring State of Kuwait, consequently resulting in a seven-month-long Iraqi military occupation of the country. The invasion and Ira ...
in 1990. Some scholars employ the idea that identity is fluid and constructed, especially national identity of modern nation-states, to argue that the post-colonial countries have no real claims to the artifacts plundered from their borders since their cultural connections to the artifacts are indirect and equivocal. This argument asserts that artifacts should be viewed as universal cultural property and should not be divided among artificially created
nation-states A nation state is a political unit where the state and nation are congruent. It is a more precise concept than "country", since a country does not need to have a predominant ethnic group. A nation, in the sense of a common ethnicity, may i ...
. Moreover, that encyclopedic museums are a testament to diversity, tolerance and the appreciation of many cultures. Other scholars would argue that this reasoning is a continuation of colonialist discourse attempting to appropriate the ancient art of colonized states and incorporate it into the narrative of Western history.


Cultural survival and identity

In settler-colonial contexts, many Indigenous people that have experienced cultural domination by colonial powers have begun to request the repatriation of objects that are already within the same borders. Objects of Indigenous cultural heritage, such as ceremonial objects, artistic objects, etc., have ended up in the hands of publicly and privately held collections which were often given up under economic duress, taken during
assimilationist Cultural assimilation is the process in which a minority group or culture comes to resemble a society's majority group or assume the values, behaviors, and beliefs of another group whether fully or partially. The different types of cultural assi ...
programs or simply stolen. The objects are often significant to the Indigenous ontologies possessing animacy and kinship ties. Objects such as particular instruments used in unique musical traditions, textiles used in spiritual practices or religious carvings have cult significance are connected to the revival of traditional practices. This means that the repatriation of these objects is connected to the cultural survival of Indigenous people historically oppressed by colonialism. Colonial narratives surrounding "
discovery Discovery may refer to: * Discovery (observation), observing or finding something unknown * Discovery (fiction), a character's learning something unknown * Discovery (law), a process in courts of law relating to evidence Discovery, The Discover ...
" of the new world have historically resulted in Indigenous people's claim to cultural heritage being rejected. Instead, private and public holders have worked towards displaying these objects in museums as a part of colonial national history. Museums often argue that if objects were to be repatriated they would be seldom seen and not properly taken care of. International agreements such as the 1970 UNESCO Convention against Illicit Export under the Act to implement the convention (the Cultural Property Implementation Act) often do not regard Indigenous repatriation claims. Instead, these conventions focus on returning national cultural heritage to states. Since the 1980s,
decolonization Decolonization or decolonisation is the undoing of colonialism, the latter being the process whereby imperial nations establish and dominate foreign territories, often overseas. Some scholars of decolonization focus especially on separatism, in ...
efforts have resulted in more museums attempting to work with local Indigenous groups to secure a working relationship and the repatriation of their cultural heritage. This has resulted in local and international legislation such as
NAGPRA The Native American Graves Protection and Repatriation Act (NAGPRA), Pub. L. 101-601, 25 U.S.C. 3001 et seq., 104 Stat. 3048, is a United States federal law enacted on November 16, 1990. The Act requires federal agencies and institutions that ...
and the 1995
UNIDROIT Convention on Stolen or Illegally Exported Cultural Objects UNIDROIT (formally, the International Institute for the Unification of Private Law; French: ''Institut international pour l'unification du droit privé'') is an intergovernmental organization whose objective is to harmonize international priv ...
which take Indigenous perspectives into consideration in the repatriation process. Notably, Article 12 of
UNDRIP The Declaration on the Rights of Indigenous Peoples (UNDRIP or DOTROIP) is a legally non-binding resolution passed by the United Nations in 2007. It delineates and defines the individual and collective rights of Indigenous peoples, including th ...
states:
Indigenous peoples have the right to manifest, practise, develop and teach their spiritual and religious traditions, customs and ceremonies; the right to maintain, protect, and have access in privacy to their religious and cultural sites; the right to the use and control of their ceremonial objects; and the right to the repatriation of their human remains. States shall seek to enable the access and/or repatriation of ceremonial objects and human remains in their possession through fair, transparent and effective mechanisms developed in conjunction with indigenous peoples concerned.
The process of repatriation has often been fraught with issues though, resulting in the loss or improper repatriation of cultural heritage. The debate between public interest, Indigenous claims and the wrongs of colonialism is the central tension around the repatriation of Indigenous cultural heritage.


Controversies


The repatriation debate

The repatriation debate is a term referring to the dialogue between individuals, heritage institutions, and nations who have possession of cultural property and those who pursue its return to its country or community of origin. It is suggested that many points within this debate center around the legal issues involved such as theft and the legality of acquisitions and exports, etc. Two main theories seem to underpin the repatriation debate and cultural property law: cultural nationalism and cultural internationalism. These theories emerged and developed following the creation of many international conventions, such as the 1970 UNESCO Convention and the 1995 UNIDROIT Convention, and act as the foundation of contradicting opinions regarding the transport of cultural objects.


Cultural internationalism

Cultural internationalism has links to imperialism and decontextualization and suggests that cultural property is not tethered to one nation and belongs to everybody. Calls for repatriation can therefore be dismissed since they are often requested when a nation declares ownership of an object, which according to this theory is not exclusive. Some critics and even supporters of this theory seek to limit its scope. For example, proponent of cultural internationalism John Henry Merryman suggests that unauthorized archaeological discoveries should not be exported as information would be lost that would have remained intact if they stayed where they were discovered. It is further argued that this theory has close resemblance to the 'universal museums' theory. Following a series of repatriation claims, leading museums issued a declaration detailing the importance of the universal museum. The declaration argues that over time, objects acquired by the museums have become part of the heritage of that nation and that museums work to serve people from every country as "agents in the development of culture". It is on this justification that many repatriation requests are denied. A notable example includes the Greek Parthenon marbles housed at the British Museum. Many of the issues surrounding the denial of repatriation requests originate from items taken during the era of imperialism (pre-1970 UNESCO Convention) as a wide range of opinions remains among museums.


Cultural nationalism

Cultural nationalism has links to retentionism,
protectionism Protectionism, sometimes referred to as trade protectionism, is the economic policy of restricting imports from other countries through methods such as tariffs on imported goods, import quotas, and a variety of other government regulatio ...
, and particularism. Following the 1970 UNESCO Convention and the 1995 UNIDROIT Convention, cultural nationalism has become more popular than its opposing internationalist theory. Under the theory of cultural nationalism, nations seek to withhold cultural objects as their own heritage and actively seek the return of objects that are abroad (illegally or unethically). Cultural nationalists suggest that keeping and returning objects to their country of origin tethers the object to its context and therefore overrides its economic value (abroad). Both cultural nationalism and internationalism could be used to justify the retention of cultural property depending on the point of view. Nations of origin seek retention to protect the wider context of the object as well as the object itself, whereas nations who acquire cultural property seek its retention because they wish to preserve the object if there is a chance it will be lost if transported. The repatriation debate often differs on case-by-case basis due to the specific nature of legal and historical issues surrounding each instance. Most of the arguments commonly used are discussed in the 2018
Report on the Restitution of African Cultural Heritage ''The Restitution of African Cultural Heritage. Toward a New Relational Ethics'' (in French: ''Rapport sur la restitution du patrimoine culturel africain. Vers une nouvelle éthique relationnelle'') is a report written by Senegalese academic and ...
by Felwine Sarr and
Bénédicte Savoy Bénédicte Savoy (french: Bénédicte Savoy , born 22 May 1972 in Paris) is a French art historian, specialising in the critical enquiry of the provenance of works of art, including looted art and other forms of illegally acquired cultural obj ...
.Felwine Sarr, Bénédicte Savoy: "Rapport sur la restitution du patrimoine culturel africain. Vers une nouvelle éthique relationnelle". Paris 2018; "The Restitution of African Cultural Heritage. Toward a New Relational Ethics" (Download French original and English version, pdf, http://restitutionreport2018.com/) They can be summarized as follows:


Arguments against repatriation

* Artifacts are a part of a universal human history, and
encyclopedic An encyclopedia (American English) or encyclopædia (British English) is a reference work or compendium providing summaries of knowledge either general or special to a particular field or discipline. Encyclopedias are divided into articles ...
museums like the
British Museum The British Museum is a public museum dedicated to human history, art and culture located in the Bloomsbury area of London. Its permanent collection of eight million works is among the largest and most comprehensive in existence. It docum ...
,
Musée du Louvre The Louvre ( ), or the Louvre Museum ( ), is the world's most-visited museum, and an historic landmark in Paris, France. It is the home of some of the best-known works of art, including the ''Mona Lisa'' and the ''Venus de Milo''. A central l ...
and
Metropolitan Museum of Art The Metropolitan Museum of Art of New York City, colloquially "the Met", is the largest art museum in the Americas. Its permanent collection contains over two million works, divided among 17 curatorial departments. The main building at 1000 ...
cultivate the dissemination of knowledge, tolerance, and broad cultural understanding.
James Cuno James "Jim" Bash Cuno (born April 6, 1951 in St. Louis) is an American art historian and curator. From 2011–22 Cuno served as President and Chief Executive Officer of the J. Paul Getty Trust. Career A native of St. Louis, Cuno received ...
suggests that repatriation claims are arguments against this encyclopedic promise. * Artifacts were frequently excavated or uncovered by looters, who brought to light a piece of artwork that would otherwise never have been found; foreign-led excavation teams have uncovered items that contribute to cultural knowledge and understanding. * Nationalist retentionist cultural property laws claiming ownership are founded on constructed boundaries of modern nations with weak connections to the culture, spirit, and ethnicity of the ancient peoples, who produced those works. *Cultural identities are dynamic, inter-related and overlapping, so no modern nation-state can claim cultural property as their own without promoting a sectarian view of culture. * Having artwork disseminated around the world encourages international scholarly and professional exchange. * Encyclopedic museums are located in cosmopolitan cities such as London, Paris, Berlin, Rome or New York, and if the artworks were to be moved, they would be seen by far fewer people. For instance, if the
Rosetta Stone The Rosetta Stone is a stele composed of granodiorite inscribed with three versions of a decree issued in Memphis, Egypt, in 196 BC during the Ptolemaic dynasty on behalf of King Ptolemy V Epiphanes. The top and middle texts are in Ancien ...
were to be moved from The British Museum to The
Cairo Museum The Museum of Egyptian Antiquities, known commonly as the Egyptian Museum or the Cairo Museum, in Cairo, Egypt, is home to an extensive collection of ancient Egyptian antiquities. It has 120,000 items, with a representative amount on display ...
, the number of people, who view it, would drop from about 5.5 million visitors to 2.5 million visitors a year.


Arguments for repatriation

* Encyclopedic museums such as the
British Museum The British Museum is a public museum dedicated to human history, art and culture located in the Bloomsbury area of London. Its permanent collection of eight million works is among the largest and most comprehensive in existence. It docum ...
,
Musée du Louvre The Louvre ( ), or the Louvre Museum ( ), is the world's most-visited museum, and an historic landmark in Paris, France. It is the home of some of the best-known works of art, including the ''Mona Lisa'' and the ''Venus de Milo''. A central l ...
and
Metropolitan Museum of Art The Metropolitan Museum of Art of New York City, colloquially "the Met", is the largest art museum in the Americas. Its permanent collection contains over two million works, divided among 17 curatorial departments. The main building at 1000 ...
were established as repositories for looted art during imperial and colonial rule, and thus are located in metropolitan cities out of view and reach of the cultures from which they were appropriated. * Precedence of repatriated art has already been set in many cases, but the artworks that museums currently refuse to repatriate are often their most valuable and famous artworks. * Foreign-led excavations have justified colonial rule and vice versa; in the pursuit of obtaining knowledge about the artifacts, there was a need to establish control over the artifacts and the countries, where they were located. * The argument that art is a part of universal human history is a derivative of colonial discourse that appropriated the art of other cultures into the Western historical narrative. * The encyclopedic museums that house much of the world's artworks and artifacts are located in Western cities and privilege European scholars, professionals and people, while at the same time excluding people in the countries of origin. * 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, often damaged and sometimes lost in transportation. The
Elgin marbles The Elgin Marbles (), also known as the Parthenon Marbles ( el, Γλυπτά του Παρθενώνα, lit. "sculptures of the Parthenon"), are a collection of Classical Greece, Classical Greek marble sculptures made under the supervision of th ...
for example, were damaged during the cleaning and "preservation" process. As another example, the ''Napried'', one of the ships commissioned by di Cesnola to transport approximately 35,000 pieces of antiquities that he had collected from
Cyprus Cyprus ; tr, Kıbrıs (), officially the Republic of Cyprus,, , lit: Republic of Cyprus is an island country located south of the Anatolian Peninsula in the eastern Mediterranean Sea. Its continental position is disputed; while it is ge ...
, was lost at sea carrying about 5,000 pieces in its cargo. * Art is best appreciated and understood in its original historical and cultural context. Following the return of cultural property, the intangible meaning and aspects of that culture also return, this may promote the return of intangible traditions and educate future generations within indigenous communities. * Art taken out of the country as a spoil of war, by looting, and as a deliberate act of colonialism, is unethical, even if this is not explicitly reflected in legislation. The possession of artwork taken under these conditions is a form of continued colonialism. * The lack of existing legal recourse for claiming the return of illicitly appropriated cultural property is a result of colonization. Michael Dodson notes that colonization has taken "our distinct identities and cultures". * Art is a symbol of cultural heritage and identity, and the unlawful appropriation of artworks is an affront to a nation's pride. Moira Simpson suggests that repatriation helps indigenous communities renew traditional practices that were previously lost, this is the best method of cultural preservation. *Susan Douglas and Melanie Hayes note that national collections often have fixed practices, like collecting and owning cultural objects, which can be influenced by a colonial structure. *Following the repatriation of cultural objects and ancestral remains, indigenous communities may begin to heal by connecting the past and the present.


The 'New Stream' theory (Indeterminacy)

Pauno Soirila argues that the majority of the repatriation debate is stuck in an "argumentative loop" with cultural nationalism and cultural internationalism on opposing sides, as evidenced by the unresolved case of the Parthenon marbles. Introducing external factors is the only way to break it. Introducing claims centered around communities' human rights has led to increased indigenous defense and productive collaborations with museums and cultural institutions. While human rights factors alone cannot resolve the debate, it is a necessary step towards a sustainable cultural property policy.


International examples


Australia

Australian Aboriginal Aboriginal Australians are the various Indigenous peoples of the Australian mainland and many of its islands, such as Tasmania, Fraser Island, Hinchinbrook Island, the Tiwi Islands, and Groote Eylandt, but excluding the Torres Strait I ...
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. More than 100,000
Indigenous Australian Indigenous Australians or Australian First Nations are people with familial heritage from, and membership in, the ethnic groups that lived in Australia before British colonisation. They consist of two distinct groups: the Aboriginal peoples ...
artefacts are held in over 220 institutions across the world, of which at least 32,000 are in British institutions, including the
British Museum The British Museum is a public museum dedicated to human history, art and culture located in the Bloomsbury area of London. Its permanent collection of eight million works is among the largest and most comprehensive in existence. It docum ...
and the
Victoria & Albert Museum The Victoria and Albert Museum (often abbreviated as the V&A) in London is the world's largest museum of applied arts, decorative arts and design, housing a permanent collection of over 2.27 million objects. It was founded in 1852 and nam ...
in
London London is the capital and List of urban areas in the United Kingdom, largest city of England and the United Kingdom, with a population of just under 9 million. It stands on the River Thames in south-east England at the head of a estuary dow ...
. 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.
Gweagal The Gweagal (also spelt Gwiyagal) are a clan of the Dharawal people of Aboriginal Australians. Their descendants are traditional custodians of the southern geographic areas of Sydney, New South Wales, Australia. Country The Gweagal lived on t ...
man Rodney Kelly and others have been working to achieve the repatriation of the Gweagal Shield and Spears from the British Museum and the
Museum of Archaeology and Anthropology, University of Cambridge The Museum of Archaeology and Anthropology, also known as MAA, at the University of Cambridge houses the university's collections of local antiquities, together with archaeological and ethnographic artefacts from around the world. The museum ...
, respectively. Jason Gibson, a museum anthropologist working in Central Australia, notes how there is a lack of Aboriginal authority surrounding collections and so protocols have instead been made by non-
Indigenous Indigenous may refer to: *Indigenous peoples *Indigenous (ecology), presence in a region as the result of only natural processes, with no human intervention *Indigenous (band), an American blues-rock band *Indigenous (horse), a Hong Kong racehorse ...
professionals. The matter of repatriation of cultural artefacts such as the Gweagal shield was raised in
federal parliament The Parliament of Australia (officially the Federal Parliament, also called the Commonwealth Parliament) is the legislative branch of the government of Australia. It consists of three elements: the monarch (represented by the governor-gen ...
on 9 December 2019, receiving cross-bench support. With the 250th anniversary of Captain James Cook's landing looming in April 2020, two
Labor Labour or labor may refer to: * Childbirth, the delivery of a baby * Labour (human activity), or work ** Manual labour, physical work ** Wage labour, a socioeconomic relationship between a worker and an employer ** Organized labour and the la ...
MPs called on the government to “establish a process for the return of relevant cultural and historical artefacts to the original custodians and owners".


Returns

The Return of Cultural Heritage program run by the
Australian Institute of Aboriginal and Torres Strait Islander Studies The Australian Institute of Aboriginal and Torres Strait Islander Studies (AIATSIS), established as the Australian Institute of Aboriginal Studies (AIAS) in 1964, is an independent Australian Government statutory authority. It is a collecting, ...
(AIATSIS) began in 2019, the year before the 250th anniversary of
Captain James Cook James Cook (7 November 1728 Old Style date: 27 October – 14 February 1779) was a British explorer, navigator, cartographer, and captain in the British Royal Navy, famous for his three voyages between 1768 and 1779 in the Pacific Ocean and ...
's first voyage to Australia. The program has worked towards the return of a number of the approximately 105,000 identified objects held by foreign institutions. In late October 2019 the first collection of many sacred artefacts held in US museums were returned by
Illinois State Museum The Illinois State Museum features the life, land, people and art of the State of Illinois. The headquarters museum is located on Spring and Edwards Streets, one block southwest of the Illinois State Capitol, in Springfield. There are three satell ...
. Forty-two Aranda (Arrernte) and
Bardi Jawi The Bardi people, also spelt Baada or Baardi and other variations, are an Aboriginal Australian people, living north of Broome and inhabiting parts of the Dampier Peninsula in the Kimberley region of Western Australia. They are ethnically cl ...
objects removed from central Australia in 1920 were the first group. The next phase of the project would repatriate 40 culturally significant objects from the
Manchester Museum Manchester Museum is a museum displaying works of archaeology, anthropology and natural history and is owned by the University of Manchester, in England. Sited on Oxford Road ( A34) at the heart of the university's group of neo-Gothic buildings, ...
in the UK, which would be returned to the Aranda, Ganggalidda, Garawa, Nyamal and
Yawuru The Yawuru, also spelt Jawuru, are an Indigenous Australian people of the Kimberley region of Western Australia. Language A Japanese linguist, Hosokawa Kōmei (細川弘明), compiled the first basic dictionary of the Yawuru language in 1988, a ...
peoples. AIATSIS project leader Christopher Simpson said they hoped that the project could evolve into an ongoing program for the Federal Government. In November 2019, the objects were returned from Manchester Museum, which included sacred artefacts collected 125 years earlier from the Nyamal people of the
Pilbara The Pilbara () is a large, dry, thinly populated region in the north of Western Australia. It is known for its Aboriginal peoples; its ancient landscapes; the red earth; and its vast mineral deposits, in particular iron ore. It is also a g ...
region of
Western Australia Western Australia (commonly abbreviated as WA) is a state of Australia occupying the western percent of the land area of Australia excluding external territories. It is bounded by the Indian Ocean to the north and west, the Southern Ocean to th ...
. Manchester Museum returned 19 sacred objects to the Arrernte people during the
COVID-19 pandemic The COVID-19 pandemic, also known as the coronavirus pandemic, is an ongoing global pandemic of coronavirus disease 2019 (COVID-19) caused by severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2). The novel virus was first identi ...
, which was finally celebrated in May 2021. Another 17 items held at the
Kluge-Ruhe Aboriginal Art Collection The Kluge-Ruhe Aboriginal Art Collection of the University of Virginia houses one of the finest Indigenous Australian art collections in the world, rivaling many of the collections held in Australia. It is the only museum outside Australia dedica ...
at the
University of Virginia The University of Virginia (UVA) is a public research university in Charlottesville, Virginia. Founded in 1819 by Thomas Jefferson, the university is ranked among the top academic institutions in the United States, with highly selective ad ...
also due to be returned to a number of Aboriginal nations. Four items in the Auckland Institute and Museum in New Zealand are to be returned to the AIATSIS at the end of 2022. Belonging to the Waramungu people, they were collected by Baldwin Spencer in the early 20th century. While communities note the positive impact of returning bones of ancestors back to their country of origin, some also declare it has provoked tensions within communities e.g. the requirement of legal title of land to bury them and determining who has the authority to perform traditional ceremonies. Keeping Places are Aboriginal community-managed places for the safekeeping of cultural artefacts, often including repatriated cultural material along with other local cultural heritage items or knowledge.


Belgium

In Belgium, the Royal Museum of Central Africa (aka. Africa Museum) houses the largest collection of more than 180,000 cultural and natural history objects, mainly from the former
Belgian Congo The Belgian Congo (french: Congo belge, ; nl, Belgisch-Congo) was a Belgian colony in Central Africa from 1908 until independence in 1960. The former colony adopted its present name, the Democratic Republic of the Congo (DRC), in 1964. Colo ...
, today's
Democratic Republic of the Congo The Democratic Republic of the Congo (french: République démocratique du Congo (RDC), colloquially "La RDC" ), informally Congo-Kinshasa, DR Congo, the DRC, the DROC, or the Congo, and formerly and also colloquially Zaire, is a country in ...
(DRC). As part of its first major renovation in more than a 100 years, a new approach of “decolonization” towards the presentation of cultural heritage in the museum has been carried out. To this end, the public collections of the Africa Museum have been complemented by elements of contemporary life in the DRC. Also, Belgian sculptures showing Africans in a colonial context have been relegated to a special room on the history of the collections. The influence of the discussion in France has also led to announcements to change the relevant laws and to intensify cooperation with representatives of African countries.


Canada

The Haisla
totem Pole Totem poles ( hai, gyáaʼaang) are monumental carvings found in western Canada and the northwestern United States. They are a type of Northwest Coast art, consisting of poles, posts or pillars, carved with symbols or figures. They are usually ...
of
Kitimat, British Columbia Kitimat is a district municipality in the North Coast region of British Columbia, Canada. It is a member municipality of the Regional District of Kitimat–Stikine regional government. The Kitimat Valley is part of the most populous urban distr ...
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 The Haisla (also known as Xa’islak’ala, X̄a’islakʼala, X̌àʼislakʼala, X̣aʼislak’ala, Xai:sla) are an amalgamation of two bands, the Kitamaat people of upper Douglas Channel and Devastation Channel and the Kitlope People of uppe ...
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. During the 1988 Calgary Winter Olympics, the Glenbow museum received harsh criticism for their display “The Spirit Sings: Artistic Traditions of Canada's First People”. Initially, the criticism was due to the Olympic's association with Shell Oil who were exploring oil and gas in territories contested by
Lubicon Cree The Muskotew Sakahikan Enowuk or Lubicon Lake Nation ( cr, ᒪᐢᑯᑏᐤ ᓵᑲᐦᐃᑲᐣ) is a Cree First Nation in northern Alberta, Canada. They are commonly referred to as the Lubicon Lake Nation, Lubicon Cree, or the Lubicon Lake C ...
. Later Mowhawk would sue the Glenbow museum for the repatriation of a
False Face Mask The False Face Society is a medicinal society in the Haudenosaunee, known especially for its wooden masks. Medicine societies are considered a vital part of the well-being of many Indigenous communities. The societies role within communities is to ...
they had displayed arguing that they considered it to be of religious ceremonial significance. The museum did not listen to the Indigenous claim and brought the issue to court. Glenbow won and was able to display the mask but the controversy highlighted the ways in which museums have often dismissed the living cultures they should be working with. This led to a movement to improve the involvement of Indigenous people in their representation in museums. The Canadian Museums Association and Assembly of First Nations led a Task Force on Museums and First Peoples. The task force would publish the report
Turning the Page
' in 1992 that put forward a series of findings which would help improve Indigenous involvement in the museum process. Among these was a focus on creating a partnership between Indigenous people and the museum curators which involves allowing Indigenous people into the planning, research and implementation of collections. Museums were urged to also improve ongoing access to the collections and training for both curators and Indigenous people who want to be involved in the process. Finally, an emphasis was placed on repatriation claims of human remains, locally held objects (using practice customary to the Indigenous people in question) and foreign held objects. In 1998, over 80
Ojibwe The Ojibwe, Ojibwa, Chippewa, or Saulteaux are an Anishinaabe people in what is currently southern Canada, the northern Midwestern United States, and Northern Plains. According to the U.S. census, in the United States Ojibwe people are one of ...
ceremonial artifacts were repatriated to a cultural revitalization group by The University of Winnipeg. The controversy came as this group was not connected to the source community of the objects. Some of the objects were later returned but many are still missing.


Chile (Easter Island)

On
Rapa Nui Easter Island ( rap, Rapa Nui; es, Isla de Pascua) is an island and special territory of Chile in the southeastern Pacific Ocean, at the southeasternmost point of the Polynesian Triangle in Oceania. The island is most famous for its nearly ...
, of the dozens of moai figures which have been removed from the landscape of Rapa Nui since the first one was removed in 1868 for installation in the British Museum, only one has been repatriated to date. This was a moai taken from the island in 1929 and repatriated in 2006.


China

China is still seeking the animal head statutes from the Old Summer Palace. 7 have been accounted for; 1 may have been sold at auction; 4 are still missing.


Egypt

In July 2003, the Egyptians requested the return of the
Rosetta Stone The Rosetta Stone is a stele composed of granodiorite inscribed with three versions of a decree issued in Memphis, Egypt, in 196 BC during the Ptolemaic dynasty on behalf of King Ptolemy V Epiphanes. The top and middle texts are in Ancien ...
from the
British Museum The British Museum is a public museum dedicated to human history, art and culture located in the Bloomsbury area of London. Its permanent collection of eight million works is among the largest and most comprehensive in existence. It docum ...
. In 2019,
Zahi Hawass Zahi Abass Hawass ( ar, زاهي حواس; born May 28, 1947) is an Egyptian archaeologist, Egyptologist, and former Minister of State for Antiquities Affairs, serving twice. He has also worked at archaeological sites in the Nile Delta, the Wes ...
, an
Egyptian Egyptian describes something of, from, or related to Egypt. Egyptian or Egyptians may refer to: Nations and ethnic groups * Egyptians, a national group in North Africa ** Egyptian culture, a complex and stable culture with thousands of years of ...
archaeologist and former Minister of State for Antiquities Affairs, relaunched the
restitution The law of restitution is the law of gains-based recovery, in which a court orders the defendant to ''give up'' their gains to the claimant. It should be contrasted with the law of compensation, the law of loss-based recovery, in which a court ...
campaign, asking the
Berlin State Museums The Berlin State Museums (german: Staatliche Museen zu Berlin) are a group of institutions in Berlin, Germany, comprising seventeen museums in five clusters, several research institutes, libraries, and supporting facilities. They are overseen ...
, the British Museum and the
Musée du Louvre The Louvre ( ), or the Louvre Museum ( ), is the world's most-visited museum, and an historic landmark in Paris, France. It is the home of some of the best-known works of art, including the ''Mona Lisa'' and the ''Venus de Milo''. A central l ...
: “How can you refuse to lend to the new
Grand Egyptian Museum The Grand Egyptian Museum (GEM; ''al-Matḥaf al-Maṣriyy al-Kabīr''), also known as the Giza Museum, is an archaeological museum under construction in Giza, Egypt. It will house artifacts of ancient Egypt, including the complete Tutankhamun ...
when you have taken so many antiquities from Egypt?" All three museums refused his loan requests. In 2022, another petition was launched, calling once again on the British Museum to return the Rosetta Stone, the Neues Museum in Berlin to return the
bust of Nefertiti The Nefertiti Bust is a painted stucco-coated limestone bust of Nefertiti, the Great Royal Wife of Egyptian pharaoh Akhenaten. The work is believed to have been crafted in by Thutmose because it was found in his workshop in Amarna, Egypt. It ...
, and the Louvre Museum in Paris to return the Dendera Zodiac ceiling to Egypt.


Fiji

On 10 October 1874, Fiji's former king, Seru Epenisa Cakobau, gave his war club to
Queen Victoria Victoria (Alexandrina Victoria; 24 May 1819 – 22 January 1901) was Queen of the United Kingdom of Great Britain and Ireland from 20 June 1837 until her death in 1901. Her reign of 63 years and 216 days was longer than that of any previo ...
when the Deed of Cession by which the sovereignty of Fiji passed to the British Crown was signed, and the war club was taken to Britain and kept at
Windsor Castle Windsor Castle is a royal residence at Windsor in the English county of Berkshire. It is strongly associated with the English and succeeding British royal family, and embodies almost a millennium of architectural history. The original c ...
. In October 1932, by a curious twist of fate, King Cakobau's war club was repatriated to Fiji, on behalf of the British king
George V George V (George Frederick Ernest Albert; 3 June 1865 – 20 January 1936) was King of the United Kingdom and the British Dominions, and Emperor of India, from 6 May 1910 until his death in 1936. Born during the reign of his grandmother Qu ...
, for use as the ceremonial mace of the Legislative Council of Fiji.


Germany


Nefertiti Bust

The Nefertiti bust has become a cultural symbol of Berlin, where it is presented in the
Neues Museum The Neues Museum (English: ''New Museum'') is a listed building on the Museum Island in the historic centre of Berlin. Built from 1843 to 1855 by order of King Frederick William IV of Prussia in Neoclassical and Renaissance Revival styles, ...
, as well as of ancient Egypt. It has been the subject of intense arguments over Egyptian demands for its repatriation since the 1920s.


Ethnological museums in Berlin and other cities

Despite Germany's relatively short colonial history, limited to a few African countries such as modern-day Cameroon, Namibia, Tanzania and Togo, as well to parts of New Guinea, a very large number of African cultural objects are in German public collections. A prominent example is the Ethnological Museum of Berlin, Ethnological Museum in Berlin, which was incorporated in 2021 as part of the Humboldt Forum. Similar questions to those raised by Sarr and Savoy have led to intensive public discussions about Germany's colonial past and its colonial collections. Given that cultural policy in Germany is the domain of the different federal states (''States of Germany, Länder'') and that many museums are independent or semi-public institutions, museum directors face fewer legal obstacles towards restitution than in France, and there have been several cases of recent restitutions, for example to Namibia. Moreover, at the beginning of 2019, the Department of International Cultural Policy of the Federal Foreign Office, the Ministers for Cultural Affairs of the ''Länder'' and municipal cultural organizations issued a joint statement on the handling of collections from colonial contexts. With these guidelines, the collections in Germany have set new foundations for the research on provenance, international cooperation and repatriation. German museums joined the Benin Dialogue Group and have announced their willingness to restitute Benin Bronzes. To further cooperation with Tanzania and its former German colonial history, the Ethnological Museum of Berlin and the University of Dar es Salaam have started a Tanzanian-German research project about shared histories of cultural objects.


Greece

Greece is seeking repatriation of the Parthenon Marbles, Elgin Marbles from the
British Museum The British Museum is a public museum dedicated to human history, art and culture located in the Bloomsbury area of London. Its permanent collection of eight million works is among the largest and most comprehensive in existence. It docum ...
, taken from the Parthenon by the Thomas Bruce, 7th Earl of Elgin, Earl of Elgin. Since 1816, the
British Museum The British Museum is a public museum dedicated to human history, art and culture located in the Bloomsbury area of London. Its permanent collection of eight million works is among the largest and most comprehensive in existence. It docum ...
has held the Parthenon Marbles after purchasing them from the Earl of Elgin. The acquisition of the marbles was met with controversy in Britain, with some supporting the decision while others condemning it as vandalism. Despite requests for repatriation from the Greek government, the museum has been largely silent on the Marbles, though it has defended its right to own and display them.


Guatemala

In October 2021, an Ancient Maya art, ancient Mayan artefact was returned to the Museo Nacional de Arqueología y Etnología, National Museum of Archaeology and Ethnology of Guatemala City by a private collector in France, after it had been first announced for auction in 2019. The authorities in Guatemala could prove its provenance, upon which the French owner dropped the intended sale in favour for the artwork's return.


Hungary

The Holy Crown of Hungary, Hungarian Crown Jewels were taken from their homeland by the Nazis in the World War II, Second World War. The treasures were recovered in Mattsee in Austria by the 86th Infantry Division (United States), U.S. 18th Infantry Division on 4 May 1945 and kept by the United States Army during the Cold War at Fort Knox, Kentucky. The Hungarian regalia was repatriated on 6 January 1978 by Secretary of State Cyrus Vance, on the orders of Jimmy Carter, President Carter.


India and Pakistan

The British government has rejected demands from the Government of India, Indian government to repatriate artifacts such as the "Koh-i-Noor, Kohinoor Diamond" and "Sultanganj Buddha" which were taken from the Indian subcontinent during the period of British Raj, British colonial rule, citing 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 repatriate the artifacts. In turn, India holds many objects from Pakistan, especially those from the Indus Valley civilization which were excavated in Pakistan in the decades just before the Partition of India, though some were returned at that time. Periodically, Pakistani politicians call for more repatriations. In 1972, during the discussions for the Simla Agreement between Pakistan and India, Indira Gandhi, the Prime Minister of India, is reported to have told Zulfiqar Ali Bhutto, the President of Pakistan, that he could take back only one of the Priest-King (sculpture), ''Priest-King'' sculpture and the other most iconic Indus sculpture, the Dancing Girl (sculpture), ''Dancing Girl'', both excavated at Mohenjo-daro in the 1920s; Bhutto chose the ''Priest-King'', now in Islamabad.


Ireland

Ireland lies in an unusual place with regard to the repatriation of cultural artefacts; the entire island was under British rule until 1922, when part of it became the independent Irish Free State (now the Republic of Ireland). During the centuries of British rule, many Irish historical artefacts made their way into British collections and museums. At the same time, many Anglo-Irish people, Anglo-Irish (and some Catholic Irish) people went abroad as part of the armies and administrators of the British Empire, and objects acquired in the Empire are now in several Irish museums and collections. In addition, many objects found in Northern Ireland were sent in the 19th century to what is now the National Museum of Ireland in Dublin, then regarded as the national collection for all of Ireland, and have not been repatriated to Northern Ireland since the Partition of Ireland in 1922; the Broighter Hoard is an example.


Foreign objects in Ireland

The National Museum of Ireland holds over 15,000 objects in its ethnographic collections; in 2021, head of collections Audrey Whitty announced that the museum group would investigate its collections, with a view to repatriation of those viewed as "plunder". In 2013, Fintan O'Toole noted that much of the material in the NMI's ethnographic collection "lies in the grey area between trade and coercive acquisition: an expansive terrain in imperial relations," but that other objects were unambiguously Looting, loot, taken in punitive expeditions in Africa, Asia and Oceania. In April 2021, the National Museum announced that 21 Benin bronzes would be returned to Africa. Similar questions surround the Hunt Museum (Limerick) and the Ulster Museum (in Northern Ireland, still part of the United Kingdom). In 2017, Senator Fintan Warfield called on Irish museums to return looted objects, saying that "such material should only be returned following a national conversation, as well as the public display and independent survey of such collections, and provided that their final destination is safe and secure [...] we should not forget that such collections are and always will be the heritage of indigenous people around the world; in locations such as Burma, China, and Egypt." The Department of Tourism, Culture, Arts, Gaeltacht, Sport and Media, Department of Arts, Heritage and Gaeltacht objected based on cost grounds, and noted that institutions such as National Museum and National Library enjoy curatorial independence.


Irish artefacts abroad

Very few older objects from Ireland have left the British Isles, but many are in England, especially the
British Museum The British Museum is a public museum dedicated to human history, art and culture located in the Bloomsbury area of London. Its permanent collection of eight million works is among the largest and most comprehensive in existence. It docum ...
in London, which was regarded as the appropriate national museum before the foundation of the National Museum of Ireland – Archaeology, National Museum of Ireland in 1877, and sometimes afterwards. Dr Laura McAtackney of Aarhus University has noted that "Amongst discussions on repatriation from colonial museums, Irish objects are almost absent, when of course most were deposited in the British Museum (amongst other museums) pre-independence." The skeleton of the "Irish Giant" Charles Byrne (giant), Charles Byrne (1761–1783) is on public display in the Hunterian Museum, despite it being Byrne's express wish to be buried at sea. Author Hilary Mantel called in 2020 for his remains to be buried in Ireland. Augustus Pitt Rivers removed three 5th-century ogham stones from Roovesmoor Rath, County Cork; they are now in the
British Museum The British Museum is a public museum dedicated to human history, art and culture located in the Bloomsbury area of London. Its permanent collection of eight million works is among the largest and most comprehensive in existence. It docum ...
. The British Museum also holds 200 Irish-language manuscripts, many bequeathed by landowners but some passing in conflict, such as the Book of Lismore, seized by Lewis Boyle, 1st Viscount Boyle of Kinalmeaky in the Irish Confederate Wars. In 2020 the Book of Lismore was donated to University College Cork by the Chatsworth Settlement Trust. The college plans to display it in their Boole Library. Other notable Irish artefacts in the
British Museum The British Museum is a public museum dedicated to human history, art and culture located in the Bloomsbury area of London. Its permanent collection of eight million works is among the largest and most comprehensive in existence. It docum ...
include the Bell Shrine of St. Cuileáin, Londesborough Brooch, swords, half of the Dowris Hoard, part of the Mooghaun North Hoard, the Dunaverney flesh-hook, the Kells Crozier, torcs, four crucifixion plaques, armlets, Seal (emblem), seals, religious plaques, and ring (jewellery), rings. The Ashmolean Museum also contains hundreds of Irish artefacts collected under British rule, such as the Ballyshannon Sun-Disc, presented to the museum in 1696, just after the Williamite war in Ireland, Williamite War; and two gold lunulae from County Cork, collected by John Evans (archaeologist), John Evans.


Within Ireland

Important objects excavated in Northern Ireland were mostly sent to London, then Dublin, then after Anglo-Irish Treaty, Irish Independence often London again, until 1962 when the Ulster Museum was formed as a national museum, receiving some of the London material, but not pieces such as the Broighter Hoard in Dublin. Victorian anthropologists from Trinity College Dublin removed skulls from monastic sites in the West of Ireland. The repatriation of these remains has also been requested.


Israel

Even though Turkey has launched an aggressive campaign to repatriate Ottoman-era artifacts it claims were looted by imperial powers, it has refused to return the Siloam inscription (and other artifacts unearthed in Palestine and transferred to Turkey) to Israel. This inconsistent position has been noted by Hershel Shanks, founder of the Biblical Archaeology Review, among others.


Italy

In February 2006, the
Metropolitan Museum of Art The Metropolitan Museum of Art of New York City, colloquially "the Met", is the largest art museum in the Americas. Its permanent collection contains over two million works, divided among 17 curatorial departments. The main building at 1000 ...
negotiated the repatriation of the Euphronios Krater to Italy, from where it was thought to have been looted in the early 1970s.


Morocco

In 1612, the personal library of Sultan Zaydan An-Nasser of Morocco was trusted to French consul Jean Phillipe de Castellane for transportation. After Castellane waited for six days not receiving his pay, he sailed away. But four Spanish ships from Admiral Luis Fajardo (Spanish Navy officer), Luis Fajardo's fleet captured the ship and took it to Lisbon (then part of the Spanish Empire). In 1614, the Zaydani Library was transmitted to El Escorial. Moroccan diplomats have since asked for the manuscripts to be returned. Some other Arabic manuscripts have been delivered by Spain, but not the Zaydani collection. In 2013, the Spanish Cultural Heritage Institute presented microfilm copies of the manuscripts to Moroccan authorities.


South Korea

In November 2010, Japan agreed to return some 1,000 cultural objects to South Korea that were plundered during its colonial occupation from 1910 to 1945. The collection includes a collection of royal books called Uigwe from the Joseon Dynasty (1392-1910).


United Kingdom

In July 1996, the British Government agreed to return the Stone of Scone to Scotland, which had been taken to London in 1296 and placed in the newly made Coronation Chair, following growing dissatisfaction among Scots at the prevailing constitutional settlement. In 1997, investigative journalism uncovered Sotheby's#Illegal antiquities, Sotheby's trading in illicit antiquities. From the late 1980s through to the early 1990s, Sotheby's antiquities department in
London London is the capital and List of urban areas in the United Kingdom, largest city of England and the United Kingdom, with a population of just under 9 million. It stands on the River Thames in south-east England at the head of a estuary dow ...
was managed by Brendan Lynch and Oliver Forge, who traded with Vaman Ghiya in Rajasthan, India. Many of the pieces they bought turned out to be stolen from temples and other sites, and as a result of this Exposé (journalism), exposé, Sotheby's commissioned their own report into illegal antiquities, and made assurances that only legal items with published provenance would be traded in the future. The British Museum has been claimed to be the largest receiver of "stolen goods" in the world, but has consistently refused to return objects citing the British Museum Act 1963 as preventing restitution, with a few exceptions. Prominent examples of restitution requests for artifacts in the British Museum include the Benin Bronzes and the Parthenon Marbles.


Elgin or Parthenon marbles

More than two hundred years after the installation of the Parthenon Frieze, Parthenon friezes in the
British Museum The British Museum is a public museum dedicated to human history, art and culture located in the Bloomsbury area of London. Its permanent collection of eight million works is among the largest and most comprehensive in existence. It docum ...
, Greece continues to claim the so-called Elgin Marbles from Britain. Even though Greece claims that the marbles should be returned to Athens on moral grounds and wants to present the sculptures in its National Archaeological Museum, Athens, National Archaeological Museum, British authorities continue to insist on their legal ownership. Since 2009, the trustees of the British Museum have indicated their agreement to a "temporary" loan to the new Athens museum, but state that it would be under the condition of Greece acknowledging the British Museum's claims to ownership.


Benin bronzes

Collections in the UK have also received requests for restitution from former colonies, most prominently regarding the world-famous Benin Bronzes from modern-day Nigeria. Still, the directors of both the British Museum and of the Victoria and Albert Museum, Victoria & Albert Museum and the British Minister of Culture have spoken against permanent restitutions., Like some other cultural organisations in Europe, they prefer cooperation and a "circulation of objects" from their collections in the form of temporary exhibitions in Africa. The British Museum and the Pitt Rivers Museum have joined the international Benin Dialogue Group, set up to coordinate scientific exchange, assistance for a new museum in Benin City, and eventual restitutions of artefacts. The first British institution to return a statue after proof that it was looted directly from the royal court of Benin, is Jesus College, Cambridge, Jesus College, University of Cambridge. Following a campaign by the college's "Legacy of Slavery Working Party" (LSWP), they announced the handover to Nigerian delegates for 27 October 2021. Other collections in the United Kingdom, such as in Aberdeen or Bristol, have announced their own investigations on the provenance of such artefacts and their openness towards restitution.


New directions

In the context of local and international debates, the Pitt Rivers Museum of the University of Oxford started a broader programme of Museum#Decolonization of museums, decolonization and reconciliation that centres on four tenets: provenance, transparency, repatriation and redress. Thus, the museum invited professionals from East Africa to share their view of the cultural objects in the collection. In 2020, Bénédicte Savoy and other art historians at the Technical University of Berlin and the Pitt Rivers Museum were started the joint research project ''Restitution of Knowledge'' to study, how art and cultural assets from other countries were collected in major museums of Europe.


United States

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. However, the legislation has its limitations and has been successfully contested both domestically and extraterritorially. The Iraqi Jewish Archive is a collection of 2,700 books and tens of thousands of historical documents from Iraqi Jews, Iraq's Jewish community discovered by the United States Army in the basement of
Saddam Hussein Saddam Hussein ( ; ar, صدام حسين, Ṣaddām Ḥusayn; 28 April 1937 – 30 December 2006) was an Iraqi politician who served as the fifth president of Iraq from 16 July 1979 until 9 April 2003. A leading member of the revolutio ...
's intelligence headquarters during the Iraq War, US invasion of Iraq in 2003. These materials were abandoned during Operation Ezra and Nehemiah in the 1950s, when almost all Iraqi Jews made aliyah to Israel on the condition (imposed by the Iraqi government) that they leave their property behind. The archive has been in temporary US custody since 2003, and is scheduled to be transferred permanently to Iraq in 2018. This plan is controversial: some Middle-East scholars and Jewish organizations have opined that because the materials were abandoned under duress, and because almost no Jews live in Iraq today, the archive should instead be housed in Israel or the United States. Even prior to the report by Sarr and Savoy, many collections in the US had already looked into the provenance of their objects representing African or other non-Western art. In 2008, the American Association of Museum Directors adopted guidelines for the acquisition of artefacts. Thus, provenance research and awareness to keep their collections above reproach are increasingly prompting museum curators to favourably respond to demands for restitution. Looking at the numbers of objects, however, there are relatively few known items that have been “de-accessed” and restituted, for example to Nigeria. In 2015, the Cleveland Museum of Art voluntarily returned to Cambodia a 10th-century sculpture of the Hindu monkey god Hanuman, after a curator from the museum uncovered evidence that it had been looted. Tess Davis, an archaeologist and lawyer for the Antiquities Coalition, praised the museum's decision, but said, “The Hanuman first surfaced on the market, while Cambodia was in the midst of a war and facing genocide. How could anyone not know this was stolen property? The only answer is that no one wanted to know.” In August 2021, some 17.000 artworks from ancient Mesopotamia dating back to more than 4.000 years were returned to Iraq from museums in the U.S. They had been looted after the 2003 invasion of Iraq, US-led invasion of Iraq and, despite their illegal provenance, been sold on the international market. One of these items, the so-called the Gilgamesh Dream Tablet, a historical stone slab with inscriptions, had been bought in 2014 through international auction house Christie's for more than $1.6 million by a museum in Washington, D.C.


Poland

In 2022, Piotr Gliński, Poland's culture minister, announced a formal request for Russia's Pushkin Museum to return seven paintings that were looted by the Red Army during
World War II World War II or the Second World War, often abbreviated as WWII or WW2, was a world war that lasted from 1939 to 1945. It involved the vast majority of the world's countries—including all of the great powers—forming two opposing ...
. This request concerns seven paintings by Italian artists dating from the 14th to the 18th century, including ''Two Saints'' by Spinello Aretino and ''Adoration of the Child'' by Lorenzo di Credi.


See also

* Report on the restitution of African cultural heritage * Byzantine Fresco Chapel, Houston * Decolonization of museums * Iraqi Jewish Archive * Repatriation and reburial of human remains * Native American Graves Protection and Repatriation Act


Notes and references


Cited works

* * * * * * * * *


Further reading


Books

* * * *


Online

* Art repatriation
Return Address: Where Does Heritage Belong?'' (2020, dir. Issabella Orlando) Documentary Film



2006 article from the University of Wisconsin
Looted art
''San Francisco Chronicle'', 2003 article on repatriation of looted art

Attempts to locate looted art in British regional museums

Quedlinburg Art Affair
Cultural repatriation
US National Park Service on International Repatriation

Return of Aboriginal Australian remains from England

Smithsonian cultural repatriation program
{{Authority control Cultural heritage Art and cultural repatriation,