Posting will likely be light for the next few weeks. I have the great fortune to teach a module of the ARCA Masters program in Amelia for two weeks on antiquities and heritage law.
Gale Courey Toensing for Indian Country Today reports on a NAGPRA complaint against the University of Masachusetts:
A complaint against the University of Massachusetts Amherst, claiming violations of the Native American Graves Protection and Repatriation Act is under investigation and will be heard at a Review Committee meeting in the fall.
The complaint was filed jointly by Tribal Historic Preservation Officers Cheryl Andrews-Maltais of the Wampanoag Tribe of Gay Head, Aquinnah; John Brown III of the Narragansett Indian Tribe; and Sherry White of the Stockbridge-Munsee Community Band of Mohican Indians in May 2008. Andrews-Maltais has since been elected chairwoman of her tribe. . . .
The complaint says that UMass Amherst has violated NAGPRA by failing to respond to the tribes’ request for repatriation of human remains from the Connecticut River Valley that are in its possession, and failing to consult with the tribes.
The joint complaint also says the university failed to publish a complete inventory of the human remains and other items of cultural patrimony in its possession, and claims the remains from the Connecticut River Valley listed in its partial inventory are “culturally unaffiliated” even while admitting that the three tribes had a historical presence in and historical ties to the area, and that they are the only federally recognized tribes with standing to claim the remains.
Ownership remains the main stumbling block. When Britain offered a three-month loan of the marbles to the Acropolis Museum last week on condition that Greece recognizes Britain’s ownership, Mr. Samaras swiftly countered that Britain could borrow any masterpiece it wished from Greece if it relinquished ownership of the Parthenon sculptures. But a loan was out.Pity. Asked whether the two sides might ever negotiate a way to share the marbles, Mr. Samaras shook his head. “No Greek can sign up for that,” he said.Elsewhere, museums have begun collaborating, pooling resources, bending old rules. The British Museum, the [Met], the Louvre and other great public collectors of antiquity have good reason to fear a slippery slope if the marbles ever do go back, never mind what the Greeks say.
Here is David Gill’s terrific video post on the Parthenon Marbles dispute:
Steven Shrader, one of the 24 individuals indicted for dealing in looted antiquities killed himself Thursday night. This comes after the suicide of another man in connection with the case. The sad news should increase the criticism by two Utah senators who have asked for a Congressional investigation into the tactics used by Federal Authorities.
The Salt Lake Tribune reports:
News of a second death in the antiquities crackdown surprised southeastern Utahns . . . . “That’s tragic — if it’s the result of his concerns over his case,” said Phil Mueller, a Blanding resident and Redd family friend. “I don’t know — I don’t know [Shrader]. But to hear the news is certainly very tragic.” Mueller added that he doesn’t accept federal authorities’ explanation that they needed a show of force in the raid because they believed most of the suspects could be armed. “You could walk up to any house in San Juan County,” he said, “and they’d probably have a gun.”of a second death in the antiquities crackdown surprised southeastern Utahns, although those contacted said they had not heard of Shrader.
On a brisk morning last September, three men — including a federal undercover operative — carried shovels and rakes to an ancient Puebloan mound on public land in San Juan County. As they piled dirt onto a blue plastic tarp, out popped a skull.
The discovery, recorded in real time and detailed in recently released federal court papers, didn’t seem to slow the men much.
Richard Bourret picked up the skull and put it back in the hole, the documents say, then he, Vern Crites and the operative, whom federal authorities call the “Source,” folded the tarp and funneled the dirt back into the hole. There wasn’t quite enough to cover the damage.
Crites lamented a lost opportunity, saying he “wished that fella had still been intact, the skeleton, I mean.”
|The Daily Show With Jon Stewart||Mon – Thurs 11p / 10c|
I saw this interview of Peter Laufer yesterday, and it highlights the similarities between the illicit art and antiquities trade and the trade in endangered species. Laufer here could just as easily be talking about many antiquities collectors, or as Jon Stewart calls them “supervillains”.
Patty Gerstenblith has posted a recent article, Schultz and Barakat: Universal Recognition of National Ownership of Antiquities, which appeared in the recent issue of Art, Antiquity and Law, Vol. 14, No. 1, Apr. 2009. She discusses the two recent cases in the United States and United Kingdom which lay out the requirements for how courts in these two nations view national ownership declarations of art and antiquities by other nations of origin. Here is the abstract:
Two decisions, one in the United Kingdom and one in the United States, decided just about five years apart, are significant for universalising the principle that vesting laws – laws that vest ownership of antiquities in a nation – create ownership rights that are recognized even when such antiquities are removed from their country of discovery and are traded in foreign nations. This basic principle has proven to be very controversial in the United States and has been subjected to bitter criticism; yet virtually the same legal principle, when decided in a British court, received little comment or criticism. Compounding the interest of these two decisions is that, although both decisions came to virtually the identical conclusion, they did so utilizing different methods of analysis.
Although laws regulating cultural heritage have a long history, nations have enacted national ownership laws since the nineteenth century for the dual purposes of preventing unfettered export of antiquities and of protecting archaeological sites in which antiquities are buried. When ownership of an antiquity is vested in a nation, one who removes the antiquity without permission is a thief and the antiquities are stolen property. This enables both punishment of the looter and recovery of possession of the antiquities from subsequent purchasers. By making looted antiquities unmarketable, these laws reduce their economic value. National ownership laws thereby deter the initial theft and the looting of archaeological sites that causes destruction to the historical record and inhibits our ability to reconstruct and understand the human past. While reinforcing these goals, the Schultz and Barakat decisions also bring uniformity to the national treatment of this central legal principle.
Christopher Hitchens was interviewed this morning on NPR’s morning edition, arguing the Parthenon Marbles should be returned to Athens:
“If you can picture cutting the panel of the Mona Lisa in two and having half of it in Sweden and half of it in Portugal,” he says, “I think a demand would arise to have a look at what they look like if they were put together.”
Hitchens points out that other pieces of the Parthenon have been returned by the Vatican Museum, the Italian government and the University of Heidelberg in Germany.
So far, officials at the British Museum have refused.
According to a statement on its Web site, “The current division allows different and complementary stories to be told about the surviving sculptures, highlighting their significance for world culture and affirming the universal legacy of Ancient Greece.”