Friday, December 25, 2009

A Closer Look at China's Intentions: Reacting to the New York Times

On December 17th, the New York Times published an article regarding China’s ongoing international mission to survey and examine Chinese antiquities taken from Beijing’s Old Summer Palace (or Yuanmingyuan 圓明園) that are currently housed in museums and private collections in Britain, the United States, and France.

Since the publication of this article, there has been a slew of reaction from all corners of the blogosphere, mostly expressing outrage against the inflammatory and one-sided arguments of the article’s author, Andrew Jacobs. For instance, cultural heritage blogger Lee Rosenbaum conveys shock at Jacobs’ dismissive tone against the Chinese and their legitimate endeavor, and that such a disparaging article could be “presented on Page One as a news report rather than a commentary.” Another piece by SAFE, posted below, delved into the suspect relationship between Jacobs and the Metropolitan Museum of Art in New York City, suggesting that biased reporting on the part of the New York Times was due to their intimacy with the museum.

In lieu of this current controversy, I feel that it is worthwhile to bring to the forefront of the discussion the facts of China’s recent efforts.

First of all, it should be acknowledged that the sacking of Yuanmingyuan is a point of considerable humiliation to many Chinese, and as such, a great deal of national pride is involved in reclaiming artifacts like the bronze zodiac heads. That being said however, expressing consternation about the artifacts that were taken during the sacking of Yuanmingyuan is completely within China’s right, as Italy and Greece have previously demonstrated. Thus, China’s interest in reclaiming these artifacts should not be disparaged as merely a publicity stunt. That the Chinese see these objects as a part of China’s rightful patrimony is not something the international community should vilify.

Secondly, the problem with the Yuanmingyuan bronzes, however, is that they were removed before any of the current laws protecting archaeological patrimony were enacted, making its situation different from that of, say, the Euphronios krater, which was shown to have been taken out of Italy in the mid-1900s, and more like that of the Elgin Marbles. As such, China does not have a legal right to demand these items back. Thus, their only recourse so far has been to purchase these antiquities back whenever they surface on the antiquities market, which is exactly what they have been doing. Take for example, the purchase of the bronze horse head in 2007 from Sotheby’s by Hong Kong billionaire Stanley Ho for a total of $8.9 million; and more recently, the Christie’s Paris auction of the rat and rabbit heads that were a previously in the possession of designer Yves Saint Laurent. Considering how sensitive a topic the sacking of Yuanmingyuan is to many Chinese, it seems only natural that being forced to purchase them back at exorbitant amounts of money chafes at Chinese national pride.

Chinese nationalism, however, is not the central issue. Instead what we should focus on is that these high-profile, “hot” items are being auctioned on the antiquities market despite the fact that it is well-known where they came from and under what circumstances. Furthermore, although they remain out of the reach of some of the major pieces of international cultural heritage legislation (for instance China’s current MOU, which stipulates that items must be older than 250 years of age to qualify for repatriation), it is still not taboo to sell them. Consider this, what would have happened if a piece of the Parthenon were to suddenly surface on the market? How often does that happen anymore? The infamy surrounding the Yuanmingyuan bronze heads over the last several years should be enough to deter western markets from touching them, and yet, there is very little negative sentiment directed towards the selling of such obviously looted Chinese antiquities on the international art market. If a similar situation were to have occurred involving Roman, Greek, or Mayan antiquities, there is no doubt that the media would have reacted much differently; no one would be impugning Italian, Greek, or Central American national pride.

What these events have shown, when we cut away all of the political posturing, is that there is a serious imbalance between the protection of cultural heritage from different source countries. On one hand, Italy, Greece, and several nations in Central America have caused enough political and legal upheaval against market nations like the US that it is now extremely taboo to sell high-profile antiquities from those countries. No such taboo yet exists for antiquities from China, India, and many Southeast Asian nations. This is what needs to change, and this is what people should be aware of.

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Wednesday, December 23, 2009

Court rules: Black Swan treasure is Spain's "natural, legal patrimony"

U.S. district judge Steven Merryday today ruled for the return of half-a-million coins and hundreds of gold objects to Spain. The artifacts, which had been recovered by the Odyssey Marine Exploration Inc. had been "illegally taken." Spain's cultural ministry said.

According to an AFP report, Odyssey (the NASDAQ-traded corporation that specializes in salvaging shipwrecks) "had argued that even though the coins were Spanish, that did not mean they were found on a Spanish ship." Also, "since the vessel's mission at the time was commercial, and that most of the coins were owned by merchants 'and were never owned by Spain.'" Odyssey plans to appeal. Read Odyssey's press release on the ruling which it plans to appeal here.

A year ago, in a workshop at the Joint AIA/APA Annual Meeting moderated by SAFE Board Member Eric Powell, leading authorities from the archaeological and legal worlds discussed the specifics of the Black Swan controversy and its broader implications for both cultural heritage policy and the practice of archaeology.

Today's decision should cause all commercial treasure hunters to admit the fundamental flaw in the Odyssey's business model. Admiralty law matters. And the court has spoken.

Image: Coinlink

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Monday, December 21, 2009

The New York Times and the Met: Too close for comfort (again)?

In The New York Times December 16 article. Andrew Jacobs writes about a Chinese delegation’s recent visit to US museums to document objects that have been plundered from Yuanmingyuan (Beijing’s “Old Summer Palace”). In 1860, the imperial palace was looted and burnt to the ground by order of James Bruce Elgin, the son of Lord Elgin who took the famed Parthenon sculptures from Greece.

Describing the delegation as a “treasure hunting team” whose effort is little more than a public relations show, the reporter characterizes the group as a bunch of bumbling bureaucrats barging into American museums in a noisy campaign to further its nationalistic agenda, stirring up popular sentiment against the West.

Contrast it to a similar report by The Telegraph about the same delegation’s visit to the British Museum, which appeared on October 19. Entitled “China to study British Museum for looted artefacts”, The Telegraph’s story has a noticeably different tone. Even more significant is The Times article’s absence of the palace director Chen Mingjie’s statement about the delegation’s mission. “We have clarified that this is an attempt to document rather than to seek a return of those relics even though we do hope some previously unknown relics might surface and some might be returned to our country during our tracing effort." The Telegraph quoted Mr. Chen.

This is a curious omission, given the clear indication that the director was interviewed for both articles. Did The New York Times not ask the director why the team was visiting the Met but decided to draw its own conclusions? Or did it simply choose not to include it?

As one of the nearly 120 online comments from The Times article states: “This bemused and farcical account does a great disservice to readers who rely on the New York Times for objective and insightful journalism.” We agree. What a pity that The New York Times has once again not given its readers what they deserve: a full story, with a balanced view.

In “A critical look at U.S. media coverage of antiquities issues” author and journalist Roger Atwood criticizes The New York Times that its “coverage of the Met looks complacent and credulous”. Referring to the fact that its chairman emeritus, Arthur Ochs Sulzberger, has long been a member of the Board of Trustees of the Met, Atwood questions “whether the Times is too close to the Met to cover it properly”. Indeed, this latest article begs the question: are the Chinese delegation’s questions regarding provenance of the Met’s collection too close for comfort?

Photo: Wikimedia Commons

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Thursday, December 10, 2009

Sebastian Heath's account of CPAC Meeting

On November 13, Vice-President for Professional Responsibilities of the AIA Sebastian Heath attended the public hearing in Washington DC to review Italy's request that the bilateral agreement with the US to restrict importation of antiquities be renewed. His account of the hearing has just been posted on AIA's web site.

Such hearings [as well as bilateral agreements, or Memoranda of Understanding (MoU), Cultural Property Advisory Committee (CPAC), Cultural Property Implementation Act (CPIA) and the 1970 UNESCO Convention] have been the subject of much discussion and debate on SAFECORNER. Our organization SAFE advocates for import restrictions as an effective deterrent to looting; a detailed report of the China hearing can be found here.

Thank you, Dr. Heath, for sharing your insights.

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