"It’s about emotion, not airtight logic and consistent policy."

So argues Michael Kimmelman in the New York Times in describing the recent calls for repatriation of works of art.  He takes as examples the recent repatriation claims made by Egypt against Germany and France.  He makes two points that I’d like to draw out of the article.

First, he claims that globalization has intensified “cultural differences” between nations.  This allows nationalism to “exploit culture”.  He may be correct in some cases, but he fails to note that the frescoes returned by the Louvre had been purchased recently, with little history.  Given what we know about the antiquities trade, this means they were likely illegally exported or looted. 

Second, he argues these claims are often based on emotion.  That is certainly true in some cases, because after all works of art are often designed to convey emotion.  One example of this would be Scotland’s desire for the return of the Lewis Chessmen.  But not all of these claims are without merit.  Moreover, why is it that only claimant nations are “emotional”.  Are not museums and other groups “emotional” when they make arguments that works of art should stay where they are currently situated?  Kimmelman makes the argument that justice has shifted.  But I think that is a good thing.  We are closer to better justice for all nations, not merely the wealthier market nations via International treaties like the 1970 UNESCO Convention, and important decisions like the Schultz and Barakat decisions in the United States and the United Kingdom.   

Michael Kimmelman, When Ancient Artifacts Become Political Pawns, The New York Times, October 24, 2009.

Questions or Comments? Email me at derek.fincham@gmail.com

Egypt Makes Claim to Nefertiti

The gallery displaying the Nefertiti bust.

Egypt has hinted at an official demand for the return of the bust of Nefertiti from Germany this week.  The demand comes as Germany opens the rebuilt Neues Museum, reinstalling the limestone and stucco bust there.  Zahi Hawass has told German media outlets that “[i]f she left Egypt illegally, which I am convinced she did, then I will officially demand it back from Germany”.  These comments come after Culture Minister Faruq Hosni of  Egypt failed to gain election as the new director general of UNESCO, and Egypt threatened France with a cultural boycott to secure the return of recently-purchased frescoes from the Louvre.  There are no indications Egypt will make a similar threat with this case, though perhaps if evidence comes to light indicating some wrongdoing, Egypt may attempt this aggressive strategy again. 

The bust has been in Germany since 1913.  A German archaeological expedition digging near Amarna found what may have been the house and studio complex of the sculptor Thutmose in 1912.  The bust of Nefertiti was found on the floor of a storeroom along with other plaster casts.  The removal of the busts does not appear to be an illegal smuggling or criminal in the same way the frescoes returned from the Louvre were.  This dispute then will share some characteristics with the dispute between Yale and Peru over artifacts from Macchu Picchu. 

In a piece in the New York Times, Monika Grütters, an “art history professor, legislator and a leading cultural expert” in Germany is quoted arguing:

“The documentation exists. The arrangements were agreed. The process was legal . . .  There was a complete understanding about what would remain in Egypt and what would be taken to Germany . . .  Maybe there is a bit of jealousy on the part of Egypt over Nefertiti. In any event, I am not so sure Egypt has the best conditions for this statue . . .  And because it is so fragile, I am not sure the statue can even be flown. We have excellent conditions here in Germany.

 There are indications the Egyptians may have been misled during the initial meeting over the partage of many of the objects which were recovered from the Thutmose workshop in 1912.  Are these issues which can be litigated today?  Perhaps not, as the limitations periods may have expired.  But in the court of public opinion, more evidence of German misrepresentation might compel some action or calls for return.

Judy Dempsey, Egypt Demands Return of Nefertiti Statue, The New York Times, October 19, 2009.

Questions or Comments? Email me at derek.fincham@gmail.com

Louvre to Return Egyptian frescos

Egypt’s decision to force France to return the potentially looted frescos has proven very successful.  The objects, allegedly stolen from Egyptian tombs in the 1980’s had been purchased by the Louvre in 2000 and 2003.  At least two consequences of this decision will soon emerge.

First, how many other nations of origin will attempt to make similar claims?  Egypt ceased all ongoing archaeological digs by French archaeologists.  Was this a threat only reserved for objects which may have been looted recently?  Will this set the precedent for this kind of treatment by German archaeologists if the bust of Nerfertiti isn’t returned to Egypt?

Second, might this signal renewed scrutiny of the acquisition practices of museums outside the US?  Much of the discussion has rightly focused on wrongdoing by some American museums and dealers.  But what of their counterparts around the world?  Shouldn’t they be subjected to the same scrutiny?

Louvre to return Egyptian frescos, BBC Oct. 9, 2009.

Questions or Comments? Email me at derek.fincham@gmail.com

Stolen Antiquities Recovered With the Help of the Art Loss Register

The Art Loss Register—though not a cure-all for what ails the antiquities trade—is an invaluable tool for the recovery of stolen objects so long as they have been documented and reported.  I have received a couple of press releases from the ALR highlighting recent recoveries of antiquities.  Though it cannot help aid the recovery of antiquities which have never been documented, it can help in the recovery of stolen antiquities which have been documented and reported missing, underscoring the need I think for museums and nations of origin to do a better job documenting and reporting the stores of objects which they currently have.  A couple recent seizures by Immigration and Customs Enforcement (ICE) highlight this.

Yesterday ICE announced a wall panel fresco which had been stolen in 1997 was recovered.  I found the history of the site interesting:

The panel, rectangular with a white background depicting a female minister, white wash on plaster with a modern wooden frame, was previously located at the excavation office in Pompeii and was reported stolen with five other fresco panels on June 26, 1997.

The investigation revealed that, between 1903 and 1904, the Italian government authorized a farmer, Giuseppe De Martino, to restore his farmhouse, which was located on an archeological site in Boscoreale, province of Naples. During the restoration, six important frescos, originating from Pompeii were found.

On July 12, 1957, the Government of Italy purchased the frescos. On June 26, 1997, after the completion of work to the excavation site, the Italian government observed that the six frescos were missing and subsequently reported the theft.

 This follows soon after the recovery of seven Egyptian antiquities which had been stolen from the Bijbels Museum in Amsterdam in 2007:

The investigation received significant help from the Art Loss Register (ALR) of New York, an organization that maintains a database of stolen works of art. The ALR discovered the artifacts at the Manhattan auction house, which turned the artifacts over to the Register and ICE agents.

One of the pieces recovered is a 7-inch-high depiction of a mummy with arms folded over the chest and hoes in each hand. It dates to between 1307 and 1070 B.C. The other recovered artifacts were an bronze figure of Imhotep, artchitect of the first pyramid, and one of Hapokrates, and an Egyptian painted Wood Osiris, all dating as far back as 712 B.C.

“The recovery of these artifacts sends a strong message to thieves that the market to sell stolen antiquities in the United States is freezing up.” said Peter J. Smith, special agent in charge of the ICE Office of Investigations in New York. “ICE is committed to working closely with foreign governments and organizations like the ALR to recover priceless works of art and antiquities so they can be returned to their rightful owners.”

Questions or Comments? Email me at derek.fincham@gmail.com

Voluntary Returns

A couple interesting returns of objects, both of which which appear to be completely voluntary.

First is a letter by Abraham Lincoln:

An extremely valuable letter by Abraham Lincoln dated November 14, 1863 — missing from public records for maybe 100 years — has been donated today by a private collector to the National Archives.

The brief note on Executive Mansion letterhead in the President’s handwriting signed “A.Lincoln” was sent to Treasury Secretary Salmon Chase. It was written five days before Lincoln delivered the Gettysburg Address, providing insight into the president’s regard for a personal friend and his interest in West Coast politics even in the midst of the Civil War.

National Archivists discovered the Lincoln letter being sold online in 2006. It originally had been torn or fallen from an 1880 bound volume of government correspondence to the Treasury Department. There is no evidence that the letter was ever stolen, and how it went missing remains a mystery.

When contacted by Archivists, the letter’s owner, Lawrence Cutler, a private collector in Tempe, Arizona decided to donate it during the bicentennial of Lincoln’s birthday. Cutler  would not disclose what he paid for the letter at auction three years ago, but said a similar Lincoln letter sold for $78,000.

The next is a group of objects donated to Eton College, which have been returned to Egypt:

Four sons of Horus, New Kingdom, 19th Dynasty or later after ca 1295 B.C.
Four sons of Horus, New Kingdom, 19th Dynasty or later after ca 1295 B.C.
LONDON. Eton College, in the south of England, has returned more than 450 antiquities to Egypt, after it was realised that many had probably been illegally exported. Last month we reported that the main part of the school’s collection, bequeathed to the school by Major William Myers in 1899, is going on long-term loan to Birmingham University in the UK and Baltimore’s Johns Hopkins University in the US (The Art Newspaper, May 2009, p7).
The returned antiquities had been donated to Eton over a century later, in 2006, by the family of the late Ron Davey, a London-based Egyptologist. He in turn had received most of them as a bequest from his friend, Peter Webb, who had died in 1992.

When the antiquities arrived at Eton three years ago, they were examined by curator Dr Nicholas Reeves. The donation comprised 454 items, including ushabti figurines, beads and amulets, textile fragments, potsherds, coins and other small objects.

Both the letter and the Egyptian antiquities do not seem to be terribly valuable, but the individual dealer and Eton College have both seemingly unilaterally decided to return the objects to their proper stewards.  But one wonders if either the letter or the antiquities are particularly valuable or noteworthy.  If they had been, would the decision to return them been more difficult?  I think it probably would have been.

Questions or Comments? Email me at derek.fincham@gmail.com

Egypt Returns Stolen Antiquity to Iraq

The AP is reporting on Egypt’s return of a bronze statue to Iraq. Zahi Hawass, ever the showman knows how to run a press-conference. I was also surprised to read Egypt has recovered some 5,000 objects from Iraq. The smuggler currently faces a 3-5 year prison sentence, but it could escalate to a troubling 25 years if the Egyptian parliament enacts a new law. I’m a proponent of serious penalties for antiquities smuggling, put a 25 year ex poste facto sentence seems outrageous, especially one enacted after the criminal activity:

Egypt’s antiquities chief unveiled Sunday a bronze statue of what he described as an ancient Mesopotamian goddess that had been looted from Iraq.

Zahi Hawass said an Egyptian man working in Jordan was caught at Nuweiba port trying to smuggle the statue into the country.

In the course of the ceremony, Hawass sliced through the plastic bubble wrap covering the 10 centimeter tall statue and handed it over to the Iraqi Charge d’Affaires, Abdel Hadi Ahmed.

“When the invasion of Iraq began in 2003, we wrote to the British and American governments asking them to protect Iraq’s heritage and museums,” said Hawass. “But that didn’t happen.”

Hawass said that since then his office has been tracking stolen Iraqi artifacts and has recovered some 5,000 items.

Hawass, who is a vigorous campaigner to recover Egypt’s own stolen antiquities, said he will not do business with museums that buy stolen Iraqi artifacts.

The antiquities chief said he couldn’t tell exactly the age or historical background of the statue, but said its headpiece suggests it is a female fertility deity.

Hawass said the smuggler now faces between three to five years in jail, but this could change to 25 years if a new law is approved in parliament next month.

Iraqi diplomat Ahmed told reporters that 24,000 stolen artifacts have been returned to Iraq as of July 2008.

According to UNESCO, between 3,000 to 7,000 pieces are still believed missing, including about 40 to 50 that are considered to be of great historic importance.

The smuggling of stolen antiquities from Iraq’s rich cultural heritage is allegedly helping finance Iraqi extremist groups, according to the U.S. investigator who led the initial probe into the looting of Baghdad’s National Museum.

Questions or Comments? Email me at derek.fincham@gmail.com

Stolen Antiquities Returned to Egypt


From the AP:

Dozens of ancient artifacts stolen by a former U.S. Army officer were returned Wednesday to the Egyptian government.
Officials said the items, such as small urns, came from the Ma’adi archaeological site outside Cairo and date to 3600 B.C. or earlier.
Army helicopter pilot Edward George Johnson, a chief warrant officer from Fayetteville, N.C., was arrested in February in Alabama on charges of transporting stolen property and wire fraud. He pleaded guilty in July to possessing and selling stolen antiquities and was sentenced to 19 months of probation.
“When (Johnson) stole these items from Egypt, he robbed a nation of part of its history,” said Peter J. Smith, head of U.S. Immigration and Customs Enforcement’s New York office. “The repatriation of the Ma’adi artifacts reunites the people of Egypt with an important piece of their cultural heritage.”
Johnson was deployed to Cairo in September 2002 when about 370 artifacts were stolen from the Ma’adi Museum. He sold about 80 pieces to an art dealer for $20,000.
The government said experts had determined a majority of the items he sold had been stolen from the museum. The pieces had been excavated from the Ma’adi site in the 1920s and 1930s. 

I discussed the arrest of “Dutch” back in February.  

Questions or Comments? Email me at derek.fincham@gmail.com

Hawass Elevates Rhetoric

Earlier this week Zahi Hawass made some really over-the-top statements with respect to this object, the Ka-nefer-nefer mask which was purchased from Phoenix Ancient Art in 1998.  Some have noted this is an attempt to “Marion True-ize” Benjamin.    I’ve discussed in-depth the history of this mask before.  Neither Egypt nor the St. Louis Art Museum have been able to give us a complete and definite story of the mask, but I certainly don’t think it is a case where repatriation is called for, even if we accept Egypt’s version of events.  Part of the reason for that, is the Egyptian government is either unable or unwilling to adequately document its existing stores of antiquities.  If we adopt Egypt’s version of events, the mask was stolen from a storehouse.  If so, a properly documented collection register could have been submitted to the Art Loss Register, and when the SLAM considered purchasing the object in 1998, the acquisition wouyld have been halted.  

Some commenters have even labelled the SLAM director, Brent Benjamin “controversial” because of the dispute.  I think those accusations are over the line, and very unhelpful.  Benjamin has done the right thing in this case, and it should be noted the mask was acquired before he took his post at SLAM.  Earlier  this week in an AP article Hawass called him a “stupid man” who “doesn’t understand the rules here”.  I’d like to suggest that Hawass — who perhaps does a lot of great things for Egyptian heritage — has a clouded view of the legal rules in this case.  An unhelpful mistake made worse by a proposed Egyptian law which may “give [Egypt] the power to take people to court in Egypt … (Benjamin) will be wanted in Egypt.”  Is this the way to conduct international negotiations?  What’s more, if the mask had been in an Egyptian storehouse, and it is so important as to warrant this level of rhetoric, why wasn’t it documented by Egypt? 

Questions or Comments? Email me at derek.fincham@gmail.com

The Long Shadow of Ancient Cultures

Two stories caught my eye today, both of which examine the interplay between ancient heritage and modern identity.

First is an article in the Guardian which details the plans to build a new “Colossus” in Rhodes. The new Colossus will cost an estimated 200 million euros, and will be designed by Gert Hof. It has been imagined as “a highly innovative light sculpture, a work of art that will allow visitors to physically inspect it by day as well as enjoy – through light shows – a variety of stories it will “tell” by night.” In a nod to history, there are plans that at least part of the new project will be created from melted down weapons.

There have been periodic plans to rebuild the Colossus since 1970 which have been delayed by “Greece’s powerful lobby of archaeologists”. I can see arguments both for and against the new Colossus. The new projects seems aimed squarely at passing Mediterranean cruise ships. But a new project like this will surely boost tourism and provide a powerful national symbol for Greeks as well as the inhabitants of the island. Dr. Dimitris Koutoulas who is heading the project in Greece argues “We are talking about a highly, highly innovative light sculpture, one that will stand between 60 and 100 metres tall so that people can physically enter it”.  The original Colossus (imagined here in a 16th-century engraving by Martin Heemskrerck) was completed in 280 BC, financed in part by salvaging abandoned siege equipment left behind by failed invaders. Students of history will remember the Colossus stood for only 56 years. It is amazing that a monument which stood for only a short time has captured imagination for centuries. One wonders how much the island’s ancient past means to present inhabitants of the island. The new project seems an effort to recapture the magnificence of the ancient monument.

Michael Slackman in an article in the New York Times explores this issue in Egypt. He quotes Ahmed Sayed Baghali a man selling tourist trinkets outside the Egyptian Museum, “Can you believe our government can do nothing for us, and this thing that was built thousands of years ago is still helping me feed my family? Who would buy my things if they were not about the pharaohs? People come here from very far to see the pyramids, not to see Cairo.” Slackman notes that many modern-day Egyptians may not be invested in the remains of this ancient culture, unless they work in the tourism industry. It’s easy to see why, when “40 percent of the population lives on $2 a day.” This begs the question, is heritage and preservation a luxury? I certainly hope not, but given this tremendous hardship where the men who cart debris away from Egypt’s newest discovered pyramid are payed $2 — and grateful for the work. Can we blame them if they might be tempted to sell antiquities on the black market?

The challenge is to preserve this heritage, safeguard it, and ensure our cultural institutions, universities and museums are working cooperatively with these nations of origin to offer these locals the best chance at economic growth and a respect and appreciation for their cultural heritage.

Questions or Comments? Email me at derek.fincham@gmail.com

Brent Benjamin Appointed to CPAC


The White House announced back in September that President Bush will nominate Brent R. Benjamin to serve on the Cultural Property Advisory Committee for three years. David Gill commented on the appointment, as did Wayne Sayles. Earlier in July, Robert O’Brien, a Los Angeles attorney was nominated as well, though his appointment attracted little notice.

Ton Cremers, an administrator on the invaluable Museum Security Network argues this was an “outrageous” appointment. The reason for the concern is this antiquity, the Ka-Nefer-Nefer mask which I discussed at length last year.

It was stolen from a storehouse in Saqqara sometime between its excavation in an archaeological dig in 1952, and its acquisition by the St. Louis Art Museum in 1998. It may be worth examining this acquisition in more detail. The best summary of the dispute I have found is this 2006 article in the Riverfront Times.

As always, the antiquities trade presents a number of questions. Was Benjamin at the museum in 1998 when it acquired this object? No, he came a year after the mask was acquired. Do his actions with respect to this mask disqualify him automatically from serving on the committee? I’m not sure they do. Does this ongoing dispute between Egypt and the St. Louis Art Museum automatically disqualify Benjamin from serving on the committee? Not according to President Bush, but did the Museum really have clean hands when they acquired the mask? The answer I think is not really.

They purchased it from Hichaam Aboutaam, who has been linked with looted antiquities. The work had been displayed at a Museum in Geneva when the SLAM was considering purchasing the work. However, the museum sent Mohammed Saleh, a retired director of the Cairo Museum a letter asking:

“[We have] been offered a mummy mask of the 19th dynasty and I was wondering if you know of any parallels to this object. I have never seen anything quite like it with a reddish copper-like face probably owing to the oxidation of the gold surface. It is currently on exhibition in the Egyptian exhibition at the Museum of Art and History in Geneva. I would greatly appreciate your thoughts on any parallels you might know of this piece and hope that I might have the opportunity to speak with you in several weeks by telephone about this opportunity.”

Saleh of course was not perhaps the best person in Egypt to contact about the mask. Shouldn’t someone on the Supreme Council on Antiquities have been better positioned to handle this request? Unfortunately this is the shady kind of enquiry which can pass for thorough provenance research in the antiquities trade. I think its likely perhaps that the SLAM was not too eager to look to deeply into the history of this object, for fear they would be unable to acquire it. The museum was told by the seller that the mask was seen at an antiquities dealer in 1952, and it remained in the ubiquitous “Swiss Collection” for the next 40 years. An expert hired by the museum, Peter Lacovara, reasoned that the mask was probably awarded to the excavator after the 1952 excavation. This would account for its appearance at a market in Brussels soon after, though refuting that fact is nearly impossible at this point.

Egypt has a tenable claim perhaps, but this is a close case. I’m not aware of the specific steps Egypt has taken in response. They have seemingly argued that the mask was stolen at some point from an antiquities storehouse. Now, its their cultural heritage and they’re free to do with it what they please, but Egypt can be criticized on two accounts. First, is it really the best idea to have a unique piece like this mask just sitting in a warehouse for fifty years? Second, had Egypt documented its collection and its holdings more completely, they would have had a much stronger legal and ethical claim.

In any event, nobody looks really good in this dispute. Not the museum, the Phoenix gallery, nor Egypt. But I’m not sure Benjamin, by merely refusing to return the mask outright to Egypt has disqualified himself from serving on the CPAC, which it should be mentioned is comprised of individuals from all the disparate heritage interest groups, including archaeologists. Also, the CPAC has never refused a request made by a nation of origin.

Questions or Comments? Email me at derek.fincham@gmail.com