Friday, November 13, 2009

"Orphan" Antiquities Study

The Cultural Policy Research Institute, a think tank formed last year "to build a viable legal framework for the protection of world historical remains", has issued its first research study. It focuses on "orphan" artifacts: archaeological material or ancient art in private hands that the AAMD's recently-adopted guidelines exclude from being acquired by Member museums because these artifacts lack clear provenance showing they were outside their country of probable modern discovery before 1970 (or were exported legally after 1970). This first pilot study limited itself to Greek, Roman, and associated material, coins excluded, with a value of $1000 or more. CPRI researchers -- unnamed in the report -- interviewed museum staffers, major US dealers, private collectors, and scholars. The interviewing methodology is not described, and sources remain anonymous, so there is no way to evaluate the accuracy of the results. We have no way of knowing how those interviewed determined that provenances were inadequate, but it seems obvious that dealers and collectors have a vested interest in exaggerating the number, so these figures need to be taken with a big grain of salt.

The study estimates that 67,500-111,900 classical artifacts with inadequate provenance are being held by collectors or dealers. It would be very interesting to know what percentage is in the hands of dealers rather than collectors, and even more interesting to know how many total artifacts, well-provenanced as well as "orphaned", worth $1000 or more are now in private hands. One thing at least is deducible: the market for only inadequately provenanced Roman/Greek/related antiquities involves capital to the tune of at least $67,500,000-111,900,000 (since all the artifacts reported are supposedly worth at least $1000 each).

The CPRI could do a major service to all students of the antiquities markets if it could ascertain how many of these "orphans" change hands annually, at what prices, and in what country.

But the aim of the CPRI is not to throw light on the operations of the antiquities market. Rather, it is to call attention to the existence of these objects, which supposedly are endangered by being held in private hands:

objects excluded from acquisition by Member museums cannot have the benefit of professional museum exhibition, publication, or conservation. ... Such objects can have no permanent parentage or protection (many run the risk, over time, of deterioration, damage or destruction).


The problem with this line of argument is that even if the objects in question were not excluded from acquisition most of them would not be acquired. And the notion that dealers and collectors would be negligent towards objects worth thousands of dollars seems very questionable.

The hope seems to be to persuade AAMD to rescind its guidelines. But those guidelines were created in response to a recognition that the antiquities market is being fed by looters. One has no way of knowing how many of the 67,500 "orphaned" artifacts were orphaned from their contexts by Bulgarian, Cypriot, or Turkish looters, but we do know that site looting of these countries' Greek and Roman sites is ongoing.

That does not mean that the guidelines in themselves will have much if any effect on this ongoing looting, at least not in the short run. The market will continue to function, and "orphaned" antiquities will continue to flow into it. But at least the guidelines lay down a challenge to dealers and collectors: figure out some way for your industry to play a progressive role in
reducing looting and clean up its act by establishing a strictly licit market. Come up with a plan like that and maybe bringing in the orphans can be part of the final deal.




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Wednesday, November 11, 2009

Blanding sentencing: a missed opportunity?

It’s hard to say whether the guilty pleas in two looting cases in the Four Corners region represented a victory or a loss for cultural heritage. The United States has strong laws designed to protect and preserve its archaeological patrimony, and it is fortunate to have prosecutors and law-enforcement agents capable of doing the research necessary to bring a meaningful case. But the sentencing of Jeanne and Jericca Redd of Blanding, Utah, was so lenient, the case may have an effect quite the opposite of the one legislators hoped for when they wrote those laws, encouraging rather than deterring future thieves.

It’s surprisingly difficult to convince people that looting is wrong, and we fear that despite reading the same, extremely persuasive evidence the grand jury did in charging the Redds, the sentence cemented the mistaken opinion of many, which is that antiquities should be freely bought and sold with no regard for their provenance.

The biggest but, to some, least comprehensible reason antiquities need, first and foremost, local special protection is that they hold information about the common cultural heritage of all humanity, so plunder is tantamount to burglarizing knowledge from each and every person on Earth. Ripping antiquities out of the places they’re found may put aesthetically pleasing pieces in museums and living rooms, but it ruins our chances of ever understanding the intellectual and spiritual context in which they were created. Finally, when American Indian sacred, ceremonial or cultural objects are involved, federal law gives responsibility to tribal communities -- not art dealers.

As part of a series of cases stemming from an investigation that started in 2006 and involved 26 defendants, federal prosecutors brought separate trafficking cases against Jeanne and James Redd, and their daughter Jericca. James Redd committed suicide the day after his indictment in June, and sympathy for their loss was one reason the U.S. District Judge Clark Waddoups gave Jeanne 36 months’ probation and a $2,000 fine, and Jericca 24 months’ probation and a $300 fine, instead of the prison time and hundreds of thousands of dollars that federal sentencing guidelines called for.

The other reason was that, in Judge Waddoups’ words, “this is a community where this kind of conduct... has been justified for a number of years.” That makes as much sense as going easy on drug dealers who live in neighborhoods where lots of people deal drugs. It’s precisely because plundering has been tolerated too long, by too many, that strict laws deserve strict enforcement. Looting is a crime. People who do it are criminals. Criminals are supposed to be punished -- not for what they think or feel, but for what they do.

With so many defendants involved in this operation, more sentences likely are on the way. We hope Judge Waddoups does not continue to miss the opportunity to send the important message that the destruction of our shared cultural heritage is a crime that should be punishable to the fullest extent of the law.

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Sunday, November 8, 2009

Italy's Art Squad Celebrates 40 Years of Success

On 3 May 1969, the Carabinieri (Italian National Police) instituted a 16-member unit within the Ministry of Public Education with the purpose of protecting cultural heritage. Predating the UNESCO 1970 treaty by a year, Italy became an early leader in the protection of cultural heritage and has since dedicated unprecedented effort to keeping Italy's myriad artistic treasures safe.

40 years later, Rome's Castel Sant'Angelo is host to the exhibition "L'Arma per l'Arte - Antologia di Meraviglie," or "Armed Forces for Art: Anthology of Wonders," which highlights the growth and success of the now-called Comando Carabinieri per la Tutela Patrimonio Culturale - or division for the protection of cultural patrimony - by telling the stories of embattled masterpieces that have been looted, stolen, trafficked, or otherwise put at risk, and finally, through the investigative and legal efforts of the TPC, have made a homecoming back in Italy.

The show is organized into three sections: works recovered from abroad by means of legal action, works recovered from abroad by means of letters of request and cooperation, and works recovered within the Republic of Italy. The pieces range from paintings, spirited away from unprotected churches or museums in the Italian countryside and smuggled far from their homes, to ancient pieces that ended up in prominent foreign collections after being taken in illegal digs by tombaroli (tomb raiders) and smuggled out of Italy after the UNESCO treaty of 1970. Each piece on display has a narrative of the theft and recovery, highlighting the often long and complicated process of tracking down a painting after it disappears into thin air, or finding an artifact that was never even known to exist before being dug up by a tombarolo.

The exhibit also features a tour of the Carabinieri TPC's online resources, where visitors can research a database of over 12,500 stolen works of art and also find advice about what to do in case of a discovered object of suspicious provenance or clandestine dig.

The most famous piece on display is the Sarpedon krater attributed to Euphronios, which was returned from the Metropolitan Museum of Art in 2008 after some 35 years out of Italy. Other notable works include paintings by Raphael, Bellini and Van Gogh, and a marble statue of Hadrian's wife Sabina, which the Boston Museum of Fine Arts agreed to return in 2006.

"L'Arma per L'Arte 1969-2009" continues through 30 January 2010, at Castel Sant'Angelo, in Rome.

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Wednesday, November 4, 2009

"Wonderful objects with clear provenance continue to perform exceedingly well at auction"

In June this year G. Max Bernheimer, Christie's International Department Head of Antiquities, commented on the June 3 sale of antiquities that raised $3.4 million. He spoke positively about the sale:

“Today’s strong results show that wonderful objects with clear provenance continue to perform exceedingly well at auction.”
It now appears that two of the lots have been seized by agents of the US Immigration and Customs Enforcement (ICE). [For initial story with pictures see here.] The Public Relations section of Christie's has confirmed the "identification" of "two stolen artifacts".

The seizures appear to point back to the Summa Gallery, the source for the Kyknos calyx-krater that is due to be handed back to Italy from a New York private collector.

The seizures additionally raise a major issue of what can be termed "clear provenance" (or in some circles "good provenance" and even occasionally "fully provenanced").

Provenance is a much misunderstood word. What I suspect is meant by the term is "collecting history".

So what gives an archaeological object a "clear" or "good" collecting history? One answer is that it can be traced back to the period before the 1970 UNESCO Convention.

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