Rothfield Talks About New Publication and Iraqi Cultural Heritage

Lawrence Rothfield, an Associate Professor of English and Comparative Literature at the University of Chicago and author of The Punching Bag blog, recently sat down with The New Yorker to discuss his new book, The Rape of Mesopotamia: Behind the Looting of the Iraq Museum.

Rothfield is a highly respected scholar on cultural policy, cultural property law, and the ongoing ‘rape’ of antiquities, archaeology, and cultural heritage in Iraq. His research and publications always offer excellent insight on core cases such as the looting of the Iraq Museum in addition to the means and degree of influence issues in the fields of national security, cultural policy, and economics (to name a few) hold over them. I am looking forward to reading his book. In the meantime, the great preview from The New Yorker can be read here.

A recent article in the New York Times discusses this month’s reopening of the archaeological site of Babylon and nearby former mansions of Saddam Hussein to tourists. Clashes and disagreements between the Ministry of Culture and the State Ministry of Tourism and Antiquities are unsurprising. What is surprising, is the World Monuments Fund’s apparent inability to operate in the country or in partnership with its (contested) management. With $700,000 apparently at hand, can’t something be done to protect this fragile site from the often disastrous consequences of unchecked tourism and poor security?

(Photo: NYTimes)

SAVE THE DATE!

Saving Antiquities for Everyone

Presents a Tour of the Metropolitan Museum of Art

by Dr. Oscar Muscarella

FRIDAY MAY 8 at 5:30 PM

*    *    *

Dr. Oscar White Muscarella, received his PhD from the University of Pennsylvania College of Arts and Sciences in 1965. A specialist in the art and archaeology of the ancient Near East, he has been on staff of the Metropolitan Museum of art since 1964. Among his many scholarly publications are: Ancient Art: The Norbert Schimmel Collection, Bronze & Iron: Ancient Near Eastern Artifacts in the Metropolitan Museum of Art, and The Catalogue of Ivories from Hasanlu Iran. An outspoken critic of the antiquities trade and the plunder of artifacts, he is also the author of The Lie Became Great: The Forgery of Near Eastern Cultures and recently, The Veracity of  “Scientific”  Testing by Conservators A prolific author, he has extensive excavation experience in Turkey and Iran. 

Saving Antiquities for Everyone is a wonderful, progressive organization which seeks to increase awareness of the illicit trade in cultural property, heritage management issues, and the devastating damage the illicit trade causes to art, society, local economies, and our shared history. Their tours of famous collections are led by leading scholars in the fields of Archaeology, Law, and Art History. These programs help shed light on the complicated issues behind Heritage Studies and the growing phenomena of global art trafficking. I encourage everyone to consider taking this tour or attending another upcoming program with SAFE!

SAFE tours are $40 for adults and $10 for students (with valid ID). More information can be found on the SAFE tour website. Pre-registration is required and space fills up fast. Book early!

On May 13, the U.S. Military will hand back the ancient site of Ur to the Government of Iraq

The transfer of responsibility for the protection and control of the archaeological site follows the Military’s return of the ancient site of Babylon to Iraqi forces in December 2006 and the partial reopening of the Iraq Museum in February under the auspices of the Iraqi Ministry of Tourism and Antiquities.

The ancient site of Ur is known today as Tell el-Mukayyar. It lies south of the Euphrates River in Dhi Qar province outside the southern city of Nasiriyah and near the ancient site of Eridu and Hilla, considered to be the site of the Hanging Gardens, one of the 7 wonders of the ancient world. In the past, Ur was strategically located at the river’s mouth and was a central city in what is popularly referred to as ‘the cradle of civilization’.

Ur dates to the Ubaid Period, approximately 6,000 BC. It later served as one of two great urban centers of the Sumerian Civilization in the third millennium BC. Ur was the seat of power of the king Ur-Nammu who constructed a number of temples, including the well-known Ziggurat of Ur (used as a temple for the moon deity Nanna). The site was later reconstructed and developed under the rule of Nebuchadnezzar II. It was largely abandoned, however, by 550 BC.

Ur is also well known for its ties to Biblical history. Many consider the site to be the city of Ur Kasdim mentioned in the Book of Genesis as the birthplace of Abraham.

Archaeological excavations at Ur began at the turn of the last century. Early excavations were led by the British consul and resulted in the discovery of numerous restorations to the ziggurat as well as evidence of an ancient Babylonian necropolis not far from the ziggurat. Excavations in the 1920s and 1930s resulted in the discovery of 1,850 burials and hundreds of artifacts dating to the first stage of settlement in southern Mesopotamia. The University of Pennsylvania and British Museum in London funded the digs. As a consequence, the majority of archaeological material from Ur is now in their collections.

For many years, Ur was an active archaeological site and considered among leading art historians, cultural historians, and archaeologists to be an invaluable source of information on our shared heritage and the development of civilization in the Near East. With the US-led invasion of Iraq in 2003, however, the ancient site of Ur was closed to the public. The US Military air base of Talila was set up beside the site. The base includes two runways (12,000 and 9,700 feet long), 350,000 square feet of hangars Military ceremonies (see photo of reenlistment ceremony below) and various gatherings were held on the steps of the ancient ziggurat. Frequent air and ground traffic resulted in damage to the site’s fragile structures and, presumable, undiscovered material. Vibrations from helicopters and large vehicles were blamed for the majority of the damage.

Perhaps most shocking was the direct, unchecked harm US Marines did to the ziggurat. According to Chalmers Johnson, Marines spray-painted their motto, “Semper Fi” (semper fidelis, always faithful) onto the ancient walls. Many are photographed holding up the bricks originally used the temple’s construction and news reports have suggested that a number of military personnel attempted to take them back as souvenirs. To top it all off, two Burger Kings and one Pizza Hut were built on the base, in the ancient cradle of civilization.

Art historians and archaeologists such as Professor Zainab Bahrani of Columbia University McGuire Gibson of the University of Chicago who are familiar with the site warned the US State Department that the Military’s use of the area surrounding Ur was irresponsible and dangerous. Unfortunately, mismanagement and irresponsible treatment continued in Ur and at a number of other sites including the Iraq Museum.

Now, when it is too late, we see the catastrophic damage and destruction that shared disregard for cultural property can cause. Hopefully, the transfer of control over the site of Ur will lead to better security in the area, thorough and careful restoration initiatives for the area’s numerous damaged structures, and the continued pursuit of artifacts stolen from the site over the past several years.

The United States of America Ratifies the 1954 Hague Convention

for the Protection of Cultural Property in the Event of Armed Conflict

UNESCO and Mr. Charles Engelken, Charge d’Affairs of the United States for UNESCO announced that on March 13th, the United States became the 123rd country to ratify the 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict. The US has often faced criticism for its seeming unwillingness or disinterest in ratifying the Convention. Now, it seems the US is more serious about taking part in the international effort to safeguard cultural property. Director General of UNESCO Mr. Matsura expressed his thanks to Mr. Engelken for the United States of America’s ratification and urged the country to continue supporting the Convention, particularly its First and Second Protocol. With a new administration in the US and more regions threatened by armed conflict and economic hardship around the world, the ratification could not be more timely. War in Gaza, economic hardship and continued conflict in Northern Africa, and the continued looting of archaeological sites in Iraq and Afghanistan remind us of the disastrous role conflict plays in jeopardizing the preservation of cultural heritage. 

…the Hague Convention is the first multilateral treaty with a universal vocation devoted exclusively to the protection of cultural heritage in the event of armed conflict. It covers both movable and immovable cultural property, including architectural, artistic or historical monuments, archaeological sites, works of art, manuscripts, books and other objects of artistic, historical or archaeological interest, as well as scientific collections of all types. 

The Hague Convention contains a number of provisions concerning the safeguarding of and respect for cultural property, as well as those on dissemination within the general public and target groups. It also deals with sanctions. There are two Protocols to this Convention – 1954 and 1999. The 1954 Protocol focuses on the protection of movable cultural property in occupied territories, while the 1999 Protocol reinforces the Hague Convention in several aspects, such as penal and institutional measures. 

See the full list of states party to the Convention here. 

Candlelight Vigils Mark Sixth Anniversary of the Looting of the Iraq Museum

APRIL 10-12 2009

On April 8, 2003, the staff of the Iraq Museum in Baghdad left the building. Unguarded by U.S. forces, the national museum was looted and vandalized for the next four days. Thousands of antiquities were damaged and stolen. Today, nearly six years later, thousands of antiquities remain at large. The Iraq Museum partially reopened on February 23, 2009 amidst concerns that the collections were incomplete and lacked adequate security. Moreover, hundreds of archaeological sites and small, regional museums remain unprotected. Looting and irreparable damage to sites continues.

To commemorate the disastrous looting of the Iraq Museum collections as well as bring attention to Iraqi cultural property’s dire situation, Saving Antiquities for Everyone (SAFE) introduced candlelight vigils to mark the anniversary of the looting. SAFE encourages people worldwide to host or attend a candlelight vigil from April 10-12, 2009. 

SAFE urges museum directors and staff, university faculty and students, and citizens around the world to use the sixth anniversary of the looting of the Iraq Museum as an opportunity to re-energize their efforts to protect the world’s cultural heritage.

The vigils will bring attention to not only the Iraq Museum and Iraqi cultural property, but the increasing threats to cultural heritage around the world as well. They provide a forum in which we may discuss the value of cultural heritage as well as ways to protect it for generations to come.

View Dr. Donny George, former director of the Iraq Museum, inviting the public to host a vigil on this video.

For more information and to download ‘vigil material’ and a pamphlet on the initiative, see SAFE’s page on the memorial candlelight vigils.

Already, major organizations and museums have signed on. For example, in the United States…

Mead Art Museum, Amherst College
Apr 14, MAThis year the Mead Art Museum is co-sponsoring the event with the Iraqi Children’s Art exchange (http://www.iraqichildrensart.org). We will have an exhibition of artwork made by Iraqi children, a guided tour of the Mead Art Museum’s Antiquities gallery, and also a lighting of commemoration candles.

Archaeological Institute of America, Minnesota Society
Apr 10, MNCori Wegener, of the U.S. Committee of the Blue Shield, will speak at 6pm, with Candlelight Vigil to follow (outside if weather permits).

Archaeological Legacy Institute
Apr 11, ORPreserving Cultural Heritage in Times of War (and Peace) Saturday, April 11, 2 p.m. Six years ago the Iraq National Museum and other archeological sites were looted following the US invasion of Iraq. In solidarity with the non-profit organization Saving Antiquities for Everyone (SAFE), this program includes a vigil in remembrance of the Iraq National Museum and presentations on current archeological issues in Pakistan, Cambodia, and Vietnam. In partnership the Eugene-based Archaeological Legacy Institute.

Collection of Videos Conveys Beauty and Needs of World Heritage

The blog unescoeducation.blogspot.com recently posted a link to the videos of the Heritage Images Archives Initiative, managed by UNESCO and the NHK Broadcasting Corporation. The YouTube site features nearly 200 videos of World Heritage sites and links to related websites and information.

Through the Heritage Images Archives Initiative, NHK and UNESCO are contributing to the documenting and safeguarding of tangible and intangible cultural heritage, and of natural heritage, in order to ensure transmission of knowledge between generations and promote cultural diversity.

The partnership between UNESCO and NHK Japanese broadcasting corporation builds on state-of-the-art digital visual and sound processing technologies for the production of short digital TV documentaries on Heritage using Hi-Vision technology as well as quality 3-D moving images and reconstruction images related to the World Heritage Sites. 

Videos on Egypt include “Tutankhamen” and “Finding the Source of the Nile”. There is also a featured video on Ashur – an ancient Mesopotamian site in Iraq which has suffered extensive looting and damage since the 1990s. The video includes footage of the Iraq Museum’s collections.

Museum Theft Triggers Concern

over the Security of Cultural Property in Egypt

Here is a follow-up to my brief post on the recent theft of nine paintings from the palace of Mohammed Ali Pasha.

According to the Egyptian Ministry of Culture, theives removed nine paintings from their frames. Many of the paintings depicted former leader of Egypt, Mohammed Ali Pasha (who ruled Egypt from 1805-1848) and his family as well as Khedive Ismail. The palace is a sweeping complex situated above the northern Cairo suburb of Shurbra el-Kheima. It was recently renovated and serves as a museum and occasional function space. 

At this point, it is unclear whether officials have or are holding any suspects. The Egyptian Ministry of Culture has officially declared the theft ‘under investigation’ and promised that all guilty parties will be ‘dealt with’. 

The theft comes at a critical time for Egypt. Over recent years, the Ministry of Culture and Supreme Council of Antiquities have accelerated and improved their efforts to reclaim stolen cultural property, especially antiquities. Egypt’s restitution campaign is one of the boldest and most active. Thousands of objects have returned to Egypt due to the public efforts of Dr. Zahi Hawass, the SCA, museum inspectorates, and the good will and judgment of foreign collectors. In addition, Egypt is a major proponent of the development of cultural property law and the thorough application of international conventions regarding cultural property and heritage. The SCA advocates for the importance of cultural property protection not only in Egypt but around the world as well – from acquisition standards in western museums to the development of antiquities services in other countries. 

Nevertheless, Egypt faces criticism of its ability to manage cultural property as well as the methodologies its officials use to reclaim stolen material.

The majority of objects sought by the SCA and returned to Egypt are antiquities from the pharaonic era, leading many to wonder if the SCA places a disproportionate amount of emphasis on objects dating from roughly 3000 BC to 300 BC. Of course, there is greater market demand for such recognizably ancient Egyptian objects and many of these objects end up in museums, private collections, and auction house through illegal excavations, thefts, and illicit deals on the black market. Still, it begs the question of whether or not the Ministry of Culture needs separate programs specifically focused on the protection and restitution of cultural property predating and postdating the popular pharaonic era. There are a host of museums for Islamic, Coptic, 19th Century, and Modern art where curators and directors deal with the theft and management of objects in their respective collections. Yet, we ought to critically question why, when we think of Egypt’s aggressive, public, and often successful restitution campaign, we think of the SCA and antiquities dating to 3000-300 BC.

A second criticism circling the recent theft is the relative frequency of large-scale thefts from Egyptian museums and storerooms over the past several years. For example, Joseph Mayton of the Middle East Times referred to the theft of 619 pharaonic artifacts from the Egyptian Museum in 2000 and the theft of 55 objects from the Temple of Montu in Karnak in 1995. In its coverage of the theft, the International Herald Tribune stated that, “theft of artifacts is not uncommon in Egypt due to widespread corruption especially among the police in charge of protecting historical sites.”

This leads me to a third and central point of criticism regarding the management of cultural property which, in many cases, is not unique to Egypt or what scholars on cultural property law and cultural heritage call ’source nations’. Efforts to locate, claim, and return stolen cultural property must be met by equally developed and transparent security, preservation, and conservation programs. According to the Middle East Times, “the international community has expressed apprehension about returning items currently being shown in their museums. They argue that Egypt is not able to safely house all the priceless artifacts.” Critics claim that sites and museums are mismanaged, poorly funded and irregularly secured by local police. Corruption among police runs high. According to an interview conducted by Joseph Mayton, police may take small amounts of money (baksheesh) to look the other way when visitors request to access restricted areas or even take small fragments or stones as souvenirs. 

“So, I let the foreigners pay me a little extra and they can go places that are supposed to be off-limits,” he admitted. He was adamant that he did not allow people to take items from the sands near the three massive structures.

“But I know some other policemen who work in other places who get a lot more money, because they let people take stuff while they look the other way,” he said.

If restitution campaigns are to be taken seriously, Egypt must do all it can to guarantee that security forces are adequately paid. Corruption among security and local site management must be kept at a minimum. Until then, thefts such as the recent disaster at the palace of Mohammed Ali Pasha may become a regular, or unsurprising, occurrence. Like one unnamed German archaeologist working in Cairo stated,

“This incident shows that Egypt is not ready to have items returned to the country at this point. They can’t keep the things they already have safe, so why would major museums risk returning artifacts.” 

Egypt is fighting a tough battle. Restitution involves many parties, conflicting agendas, and unexpected unfavorable circumstances. The Ministry of Culture, SCA, security forces, and international community’s navigation of these issues is interesting. In order to understand the Egyptian example we must consider both the approbation and criticism of its methodology.

Nine Paintings Stolen from the Palace of Mohammed Ali Pasha

Yesterday, the Egyptian Ministry of Culture announced that nine paintings have been stolen from the Palace of Mohammed Ali Pasha. The theft took place sometime after the Palace closed Monday afternoon. The paintings date to the 19th century. They were transferred from the SCA to the Palace after its restoration.  

In Response to Kwame Opoku’s “Mine is Mine but Yours is Ours”

I’d like to publicly thank Kwame Opoku for writing “Mine is Mine but Yours is Ours: Comments on a Suggestion to Take Culture Out of Cultural Property”. The article was posted recently on the Museum Security Network. Opoku’s statement is exactly the type of detailed, researched, and passionate response the debates surrounding cultural property law, restitution, and decontextualization demand. I hope to hear more points of view on whether or not the term ‘culture’ complicates the creation, application and successful practice of cultural property law throughout the world. 

My aim in writing this blog and asking the sorts of questions such as those forwarded in the post in question is to enable fair, open-minded debate and consideration of the many topics related to Archaeology, Museum Studies, and Cultural Property Law. I do not subscribe to ‘decontextualization’, as Opoku seems to suggest, nor do I agree that all current practices, conventions, and laws regarding antiquities are faultless. By wrestling with arguments from both sides and publicly commenting on this internal debate on Antiquities Watch, I hope to develop a better understanding of the issue as well as stronger personal convictions regarding its complex components.

I did not and do not suggest that taking ‘culture’ out of ‘cultural property’ is advisable. Rather, I suggested that we consider what the implications of doing so may be. Opoku’s response to this suggestion is excellent. I thank him for considering the consequences of oversimplifying cultural property and calling for continued acknowledgment of cultural property’s necessarily political nature.

 

Iraqi Government Officials Return Antiquities to Baghdad Museum

Yesterday, Zainab Khudair of Azzaman reported that senior Iraqi government officials had returned 531 archaeological pieces to the Iraq Museum in Baghdad. The antiquities were received by Minister of Tourism and Antiquities, Qahtan al-Jibouri who later returned them, with the assistance of Minister of National Security Shirwan al-Waili, to the Museum. The collection consists of numismatic coins and approximately 165 statues and cylinder seals. The statues and seals had been in the possession of two members of parliament whose names were not provided. 

This is the first official report of Iraqi government members possessing objects stolen from Iraq’s national collections, though it only affirms the increasingly common suspicion that at least a major part of the Baghdad Museum lootings was an inside job, orchestrated by national security officials who had access to the lockers and storage rooms of the Museum where small objects such as cylinder seals of high market value were specifically targeted. While the security of the Museum was the responsibility of U.S. and Coalition forces, the targeting of certain objects and now their possession by government officials necessitates a fair consideration of the Iraqi Government’s role in the lootings and later sale of stolen objects.

According to the report, the officials in question were ‘given’ the objects by ordinary people. There is no mention of illegal sale or looting on commission though one may suspect that this is what is meant by the term ‘given’. The officials will not be arrested or fined for their former possession of the stolen antiquities. In fact, under Iraqi law, anyone who returns antiquities should be compensated or rewarded. The amount of this reward is unclear.

Peter Tompa of Cultural Property Observer mentioned the report in a March 9 post. He writes,

This fragmentary report raises some questions. First, it is unclear why the report indicates that the coins are “of many colors.” In any event, I’m not exactly sure what the Iraq Museum intends to do with more coins. Bogdanos has reported that the Iraq Museum already holds about 100,000 or so in storage.

I agree that the report is somewhat fragmentary though I understand that that may be in due, in part, to poor translation or incomplete source material. I disagree with Tompa’s criticism of the findings and his somewhat negative view of the news. The coins are likely described as being “of many colors” because they display various colors of rust, corrosion, or oxidation. While it would be more technically accurate to describe the coins’ material (bronze, copper etc.), I would not pick out this descriptive flaw as evidence for the report being ‘unclear’. What is more troubling, is Tompa’s suggestion that the Museum does not need more coins. Does he imply that someone else needs them more? Does he dare to suggest that the government officials should continue to illegally possess them? Would a market nation or private collector involved in illicit purchases of stolen goods be more entitled to the assemblage?

Anyone who values archaeology, art history, indeed cultural hertiage, knows that every part of a collection – from the smallest potshard to the most fantastic steles – help to complete the historical record and our understanding of ancient history. As long as they are unreturned or unaccounted for, 531 stolen objects are damaging to the Museum collection and the scholarship which it has and will hopefully continue to assist in producing. Even troubling and corrupt returns assist the Baghdad Museum in rebuilding its collection. We must publicly value and celebrate these returns in order to ensure they continue. 

________

UPDATE:

Apparently, the coins returned to the Iraq Museum were all either gold or silver. Because gold rarely changes in color over time and the oxidation of silver results in one or two colors only, it is strange that the article describes the assemblage of being of many different colors.

This recent comment by Tompa of Cultural Property Observer led me to reconsider my previous discussion of the coins. While I still believe that all Iraqi antiquities should remain national cultural property of Iraq by law, there is something to be said for permanent loans of such small, numerous, and likely duplicate material.

Tompa makes a good point by stating that the Iraq Museum keeps most of its coins in storage. They are infrequently, if ever, displayed. Few members of the public ever see them and the Iraq Museum does not currently have the means to electronically database these coins or enter them in an online, publicly accessible collection. Tompa suggests that museums with duplicates in their collections should consider deaccessioning the duplicates so that a wider, greater audience may view them. 

In most cases I would tend to agree with Tompa. However, I believe the current goal and focus of the Iraq Museum – to rebuild, restore, and repatriate its collections – necessarily involves the retention of even seemingly insignificant and duplicate material. Until the collections of the Iraq Museum and the numerous archaeological sites of Iraq are protected and ‘rebuilt’, deaccessioning should not be considered.

Yours, Mine, Ours: Taking the Culture out of Cultural Property

The rise in cultural property disputes hinging on national pride and foreign relations over the past several weeks marks the growing importance cultural property law and cultural policy play in foreign relations. From the YSL/Christie’s auction of two ancient Chinese bronzes (involving a defense of Tibet and wide, public censure of China and France) to Egypt’s renewed claim on the Bust of Nefertiti, cultural property is drawing on an increasing range of cultures, nations, and sentiments involving both. Is it hurting the causes of restitution and cultural property protection? Are we, by politicizing art and antiquities, jeopardizing their protection, if not original meaning?

I frequently wrestle with approaching art, antiquities, and other forms of tangible cultural property as anything more than property in the most basic sense. When defined as such, the resolution of disputes involving cultural property, as well as the continued protection of cultural heritage,  is often easier and more likely to result in sustainable agreements between disputing parties. Certainly, there are more laws and conventions – both domestic and international – to draw upon when we remove the term ‘cultural’. We free the object in question of its almost inevitably complicated affiliations – national pride, cultural heritage, regional origin, religious meaning (and the list goes on….)

Consider the restitution of antiquities. Certainly, it is tempting to draw issues of cultural pride, nation of origin, and the importance of context into the conversation, and, in my opinion, it is almost always necessary. Still, market nations defending themselves and their clients frequently use the vague term ‘culture’ to their own advantage. People rightly argue that source nations are rarely lacking in comparable material and have not suffered considerable loss by having one or two pieces on display in foreign museums. This leads to a second point. As we move ever-swiftly towards an era of international exchange, globalization, and accessible technology, our cultures become unfixed. Much like the arbitrary borders drawn up in the ‘Age of Empire’, cultures and nations lose the culture-based restitution argument to the fact that many of the source nations and source cultures did not exist during the time of an object’s relocation (illegal or otherwise). Shared/World/Globalized (pick your favorite) Heritage is the word (excuse?) of the day. Of course, international loans and the opportunity for partnerships involving excavation rights in return for long-term loans exist to counter the pro-retention camp’s excuse that ‘ancient history is shared history’. 

In the unending disputes and disagreements over restitution, it seems the term ‘culture’ is the complicating term. But what to do? Do we downgrade art, antiquities, and cultural property to mere ‘property’, commoditizing ancient treasures from the origins of civilization into exchangeable, investment-worthy goods? Or, should we emphasize the importance of restitution as a means of preserving cultural and national heritage (despite dealing with unfixed cultures and nations)? I am still up in the air, trying to find (common) ground.

 

 

New Statement Issued by the Archaeological Institute of America

AIA calls on Congress to enact legislation preventing the use of cultural objects as compensation for terrorism

In brief…

 

… We believe that archaeological artifacts should  not be sold to satisfy a court judgment, regardless of the actions of a particular regime, and that it should be possible for nations to share their cultural heritage without fear of loss … In light of our concern that archaeological and other cultural objects should be part of cultural exchanges that benefit the American public, the Archaeological Institute of America calls on the U.S. Congress to enact new legislation to ensure that such cultural exchanges can take place. This legislation should prevent the sale of cultural objects to compensate those who have obtained court judgments under anti-terrorism provisions of the Foreign Sovereign Immunities Act and would apply to cultural objects on loan from other nations to U.S. nonprofit institutions as part of public exhibitions that have a cultural and educational purpose. 

 

The statement was issued, in large part, as a response to the 1996 amendments to the Foreign Sovereign Immunities Act. The revised act allows individual victims of terror to sue countries the United States has listed as state sponsors of terrorism. Compensation took surprising forms, including cultural property on loan to non-profit U.S. institutions. The most well-known and controversial case – commonly known as the Persepolis Tablets Case – is detailed in the ‘Background’ section of the statement.

 

A group of plaintiffs, who were the victims of a Hamas bombing in Jerusalem, won a judgment against Iran, which defaulted in the proceedings. Having difficulty locating Iranian assets in the United States, in 2004 this group sued the Oriental Institute of the University of Chicago, the Field Museum of Natural History, the Boston Museum of Fine Arts, Harvard University, the University of Michigan and the Detroit Institute of Art under both the FSIA and the Terrorism Risk Insurance Act. The plaintiffs sought to attach (that is, obtain for purpose of sale to satisfy a judgment) two collections of cuneiform tablets (the Persepolis Fortification Tablets and the Choga Mish tablets) that had been on loan to the Oriental Institute from Iran since the 1930s and the 1960s, respectively. The plaintiffs are also seeking to attach additional artifacts in the collections of these institutions, alleging that the artifacts are stolen property and therefore belong to Iran. While this litigation was ongoing, a second group of plaintiffs, the relatives of U.S. military personnel killed in the Beirut barracks bombing, who had also won a default judgment against Iran, intervened in the attachment proceedings and are now also claiming a right to the monetary value of the artifacts. 

Furthermore, it seems that the amendment and compensation claims which arose as a result of its broad allowances are in conflict with the frequently utilized Immunity from Seizure Act under which the U.S. State Department may grant immunity from seizure to objects brought into the U.S. on temporary loan for exhibition (cultural and educational) purposes. This conflict arose in a recent episode involving Syria and the Metropolitan Museum of Art in New York during the Museum’s preparations for its major exhibition “Beyond Babylon: Art, Trade, and Diplomacy in the Second Millennium B.C.”. As described by the AIA statement,

…When the Metropolitan Museum requested immunity for the objects to be loaned by Syria, which is standard procedure for international loans, there was concern that, in light of the 2008 amendments, even a State Department grant of immunity might not protect the objects from attachment by individuals who have claims against Syria for supporting terrorist activity. According to a statement by The Metropolitan Museum of Art, it was therefore not possible for these objects to be part of the exhibit. 

The AIA statement closes with a well-worded and succinct message of warning to multiple circles of influence from Museum Directors to State Department officials. In support of international exchange, education, and our shared history, the AIA writes,

While the earlier litigation related to Iran had already indicated some threat to cultural interchanges, the Metropolitan’s inability to borrow objects from Syria for an exhibition indicates the danger this legislation and litigation pose to cultural exchange. American citizens have been deprived of the opportunity of appreciating and learning from archaeological artifacts and works of art from one of the world’s oldest civilizations. The actions in question therefore pose a serious threat to cultural exchange and cultural diplomacy, which are extremely important in building understanding among peoples. 

If the United States is in the practice of confiscating artifacts that belong to other nations, then other nations will be unlikely to lend objects to U.S. cultural institutions. In addition, the U.S. will make itself vulnerable to the confiscation of its own cultural objects on loan in foreign nations. In the suit against the Oriental Institute, the Justice Department has, in fact, recommended against attachment of the tablets, presumably in part because of the bad precedent it would set for U.S. interests elsewhere. We call on Congress to enact legislation to preserve the principle that objects of 
cultural heritage should be made available for public viewing and cultural exchange in the 
interest of promoting greater understanding of our shared past. 

Iraq Museum Reopens Amidst Controversy

Six years after its disastrous looting in the spring of 2003, the Iraq Museum reopened this past monday. Close to 170,000 antiquities have been reported stolen from the National Museum, many of which were clearly looted through inside connections as evidenced by untouched locks and the sheer weight of the monumental ancient Mesopotamian statues and steles. While the Iraqi Antiquities Task Force and slight international cooperation have aided the return of many stolen objects, the Museum  - indeed Iraq – continues to suffer from an unprecedented loss of cultural property and heritage. 

The reopening of the Museum was initiated by the Tourism Council and Prime Minister Nuri al-Maliki who stated,

“It was a rugged wave and strong black wind that passed over Iraq, and one of the results was the destruction that hit this cultural icon … We have stopped this black wind, and we have resumed the process of reconstruction.” 

Still, the Cultural Ministry urged Museum officials and members of the Government’s Tourism Council to delay the reopening, claiming that the Museum would be further endangered by public access and weak security. Many witnesses of the exclusive opening and opponents of the reopening claim that the Museum is clearly unprepared for public exhibitions. Only six halls are open and many of which show signs of disrepair and a great lack of funding.

One exhibition hall is dedicated to the Museum’s 2003 looting and features many objects stolen or damaged in the three major thefts which have since been returned and carefully restored by the Museum’s curators in partnership with international aid. Despite the focus of this hall, however, it seems the Museum’s damaged state speaks more clearly to the 2003 looting and the U.S. and Iraqi inability (or unwillingness) to do more about it.

As sad and disastrous as the looting, aftermath, and slow road to recovery have been for the world’s shared cultural heritage, Art History, and Iraqi culture, I am encouraged by Baghdad’s efforts to rebuild, reclaim, and restore their material heritage. With continued efforts at restitution and reconstruction, no one can afford to simply forget.

For complete coverage, see Steven Lee Myers of the New York Times and the BBC.

Donny George, Former Director of the Baghdad Museum

Visiting Princeton University 

WEDNESDAY, FEBRUARY 18TH 2009 at 5:30 PM

McCormick Hall – OPEN TO THE PUBLIC

Donny George Youkhanna, the former director general of the National 
Museum in Baghdad, will speak about looting of the museum following the 
U.S. invasion of Iraq at 5:30 p.m. Wednesday, Feb. 18, in 101 McCormick. 

George, who also served as chairman of the Iraq State Board of 
Antiquities and Heritage, will present an illustrated talk about the 
looting of the Baghdad museum and efforts to recover the stolen 
artifacts. The lecture is part of a monthly series sponsored by the 
University Library’s Department of Rare Books and Special Collections 
and the Princeton Society of the Archaeological Institute of America. A 
reception will follow the talk. 

As American troops entered Baghdad on April 10, 2003, thieves emptied 
the National Museum of artifacts, some of which dated back before 
recorded history. George and his colleagues led efforts to recover 
almost half of the stolen 15,000 Mesopotamian artworks and artifacts 
that date back to as much as 6,000 years. A significant number of 
artifacts are still missing. 

George’s recovery efforts brought death threats to him and his family 
from people who did not want the artifacts recovered. George and his 
family eventually fled Iraq, and he now teaches at the State University 
of New York at Stony Brook. 

For more information contact Alan Stahl, curator of numistmatics in the 
Department of Rare Books and Special Collections, at ast…@princeton.edu. 

Britain Returns Stolen Ancient Pottery to Pakistan

According to Reuters, the United Kingdom returned an assemblage of 198 ancient pottery and pottery fragments to Pakistan this Monday, February 9, 2009. 

The antiquities, seized by British Border Agency authorities at London’s Heathrow Airport in 2007, were returned to Pakistan’s High Commissioner to Britain, Mr. Wajid Shamsual Hasan, at a ceremony in London.

According to a British customs officer, the assemblage was smuggled out of Pakistan via Dubai in a shipment labeled ‘normal pottery’ with a falsified estimate of only $100.00. In fact, the shipment contained 198 ancient pottery and fragments – mostly vases and small pots – dating to 2,000 BC at an estimated value of $148,800.

The news story highlights two notable trends in restitution.

First, we are witnessing an increasing amount of Middle Eastern, Southern Asian, and North African cultural material passing through Dubai en route to the markets of Europe and North America. As a developing free trade zone where citizens of market nations congregate, will Dubai become another hub of illicit antiquities and cultural heritage trafficking? 

Second, this case, like so many others, highlights the often large amount of time between seizure and restitution. It took the British authorities two years to return this assemblage to Pakistan. Why was the Pakistani embassy in the U.K. not quicker to act to return this assemblage? Who initiated its return? Finally, why are both market and source nation officials accepting of so much time between the loss, discovery, and return of cultural property? If source nations wish to be taken seriously, they must return and commit to protect cultural property with the same timely enthusiasm they investigate stolen objects.

Press Release Announces Bonhams is 2008 Top Seller of Ancient Art

Bonhams (London) recently released a press release applauding its 2008 sales of ancient art. According to the report, the Bonhams Antiquities Department was the market leader in the UK for the past year. ‘Consistently high sales rates’ throughout the year were complimented by a few extraordinary sales including the 240,000 GBP sale of the Beth Shan Bust (pictured above).

In Bonhams own words…

The market for Classical and Egyptian antiquities is thriving, with artefacts of interesting and long-established provenance remaining highly sought after. Buyers from all over the world continue to be attracted by the lure of the ancient world, with increasing numbers of new buyers considering ancient artefacts for potential investment as well as for aesthetic pleasure.

Note the section in bold. Certainly, ‘interesting and long-established’ provenances are more attractive for investors wishing to retain antiquities for later resale (and profit). Still, this does not guarantee that the provenance provided is factual or sound. Has Bonhams, as David Gill of Looting Matters has argued, adopted a more rigorous due diligence process? Have they, as they suggest, been able to provide strong provenances? Or, have they simply composed and/or adopted complex (but not necessarily complete) provenances?

The demand for antiquities has not diminished, despite the increasingly global decline of the financial markets. Those who can buy, will buy. Those who can sell, will sell. We must remain critical of these sales and the documents supporting their supposed legality.

For all you Tri-Staters..

Patty Gerstenblith, DePaul University College of Law

at Princeton University Center for Human Values

Monday, February 16, 2009

Restitution of Cultural Property: Righting the Wrongs and Shaping a More Ethical Future

106 McCormick Hall, 4:30 p.m. – 6:00 p.m.

UCHV Public Lecture

Professor Patty Gerstenblith is director of the College of Law’s Program in Cultural Heritage Law and founding president of the Lawyers’ Committee for Cultural Heritage Preservation. She also serves as senior advisor to the International Arts and Cultural Property Committee of the ABA Section on International Law and served as editor-in-chief of the International Journal of Cultural Property (1995-2002) and as a member of the United States Cultural Property Advisory Committee (2000-2003) in the U.S. Department of State. She teaches and publishes in the field of cultural heritage and law and the arts. Her most recent article, “Controlling the International Market in Antiquities: Reducing the Harm, Preserving the Past,” was published in the Chicago Journal of International Law. Gerstenblith received a BA from Bryn Mawr College, Ph.D. in Art History and Anthropology from Harvard University, and JD from Northwestern University. Upon graduation, she clerked for the Honorable Richard D. Cudahy of the U.S. Court of Appeals for the Seventh Circuit.

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Archaeology Under Fire: Damage and Continued Threats to Antiquities in Gaza

 

A recent article in The Art Newspaper details the worrisome and critical state of Gaza’s archaeology and antiquities, both in the ground and in museum collections. After 22 days of relentless Israeli air raids, Gaza’s archaeological sites, museums, and small storage facilities are severely threatened by looting, mismanagement, and outright loss. Most notably, the Gaza Museum suffered severe damage from nearby shooting, shelling, and one direct hit to its conference hall. The Museum houses Roman and Byzantine pottery, Islamic bronzes, and archaeological material spanning millennia. Many of the Museum’s objects were damaged in the shelling.

 

 

Palestinian collector and contractor Jawdat Khoudary opened the Gaza Museum with objects from his large private collection (much of which was questionably acquired during two years in the construction business). The Museum was originally intended as a National Museum with backing from Mahmoud Abbas. However, with the election of Hamas to power in 2007, the Museum has remained a relatively private endeavor. This is not to suggest that its damage is any less severe. The museum houses centuries of cultural material and is one of only a handful of cultural institutions housing local material heritage. Most archaeological material excavated in Gaza or the West Bank is owned and exhibited in Europe by Western institutions.

The shelling of the Museum is, unfortunately, only a small example of the air raids’ effect on archaeology in Gaza. With over seven major archaeological sites and 6,000 years of known history, we must consider how the attacks have, and will continue to, damage cultural property in the region. 

As Professor Moalin Sadeq, founder of the Palestinian Antiquities Department in Gaza (1994) and current visiting lecture at the University of Toronto stated,

“Historical sites and buildings in Gaza are adjacent to urban areas, so any location that was hit as a target also put the nearby historical sites and buildings in danger,” he said. “Major sites where damage is expected because of heavy fighting in adjacent areas include: Tell es-Sakan, an early Bronze Age settlement that is the largest and oldest walled Canaanite city in the local region, and the oldest Egyptian fortified site outside of Egypt; Tel el-Ajull, an important middle and late Bronze period city that was an important trade hub between ancient Egypt and the Levant; and the remains of Anthedon, a Hellenist port. The Byzantine church of Jabalya was also near heavy fighting, and was the site of partial damage by Israeli tanks during an incursion in 2005. Al-Zeitoun residential quarter in Gaza’s Old City, a medieval historic district, has also been largely destroyed”, Professor Sadeq added. 

The assessment, survey, and repairs of Gaza’s archaeological sites is likely to be slow. Humanitarian assistance and aid is, and should be, the number one priority. 

There is increasing need for international aid and assistance in the fields of archaeology, cultural resource management, and law. Partnerships between Israelis and Palestinians need to be protected and expanded. For example…

Professor Dodd and Professor Ran Boytner of the University of California, Los Angeles, oversaw a five-year secret committee of Israeli and Palestinian archaeologists that culminated last year in the publication of a 39-point archaeological joint heritage plan, dubbed “the archaeological peace plan”. This group also published the first public archaeological database of archaeological work in the West Bank and Gaza since 1967. 

Unfortunately, vocational exchange programs and initiatives such as this have become casualties of the recent attacks on Gaza and ensuing regional distrust. 

With humanitarian aid as a top priority, we must not forget these casualties of armed conflict. We must remember to repair the vocational exchange partnerships and protect the fragile funding for archaeological excavation, preservation, and education programs. Finally, we must guarantee that foreign assistance does not inhibit local management of cultural property. Palestinians have the responsibility, indeed opportunity, to own projects relating to their cultural heritage. They deserve, at the very least, the safety and security in which to do so.

The Gulf Cooperation Council Launches Aggressive Culture Agenda

“We have to project this heritage in order to prove that the Gulf region is not only rich in oil but also in culture and civilization.” – Prince Sultan bin Sulman, Chairman of the SCTA

You can’t drill for culture. Visit the ‘authentic souks’ of Old Dubai (1970 AD) or look over the plans for the Louvre Abu Dhabi and you get the sense that the desert region is deplete of material, tangible history despite their best efforts to build it with the money drilling spilled forth. It is all too easy to contrast the culture, arts, and cultural policy of Egypt, Syria, Lebanon, even Turkey with that of the UAE, Saudi Arabia, Oman and Qatar. Stil, however insincere or artificial the Gulf Cooperation Council (GCC) approach to culture may seem, there efforts to promote, preserve, and display culture and archaeological heritage are worth notice.

The GCC is comprised of the UAE, Bahrain, Saudi Arabia, Oman, Qatar and Kuwait. Their Joint Cultural Action Plan for the coming year discusses a range of objectives and convincing strategies for reaching them. Of particular interest, are the Plan’s sections on ‘Antiquities, Museums, and Folklore’ and ‘Laws and Legislation’ relating to Culture. As detailed in the plan…

II. Antiquities, Museums and Folklore 

The committee of the deputy ministers in charge of antiquities and museums proposes and organizes the joint activities and programs, such as:

• The issuance of a periodical bulletin about antiquities and museums at the GCC States
• Preparation of guides (directories) for museums and specialists at the GCC States
• Participation in the survey and exploration works
• Formation of joint teams for survey and exploration and training activities
• Organizing a periodic joint exhibition for antiquities
• Organizing forums, training courses and workshops
• Utilization from the international organizations and centers concerned with the training of the staff and specialists involved in antiquities and museums
• Exchanging visits of the staff and specialists involved in antiquities and museums at the GCC States

III. Laws and Legislation 

Achievements in the field of laws and legislation related to cultural cooperation among the GCC States are the following:

• Adoption of the Common Copyright Law as a reference law
• Adoption of the common agreement between the GCC States and the organizations involved in the field of antiquities exploration as a reference agreement
• Preparation of a model law for antiquities at the GCC States 
• Coordination among the GCC States with a view to adopting a common position towards accession to the international agreement on protection of cultural heritage submersed in waters, adopted by the UNISCO General Assembly as well as accession to the International Council of Museums 
• Adoption of the common model for cooperation between the GCC States and the foreign organizations in the field of antiquities (1987); the model incorporated 28 items dealing with the collective relationship with the foreign organizations involved in the exploration of antiquities. The model is for mere reference
• Issuing the ” Reference Antiquities Law” in 2006

The highlighted laws and legal objectives emboldened above are of particular interest. The compliance with the UNESCO and ICOM conventions regarding antiquities and cultural property set a positive standard and enhance any repatriation efforts made by member states seeking international support. Furthermore, the legal section emphasizes the need to create shared laws, common conventions, and mutual understanding of cultural law and policy. While national laws may differ slightly, the GCC’s efforts to reach a common agreement on antiquities and their ‘exploration’ (or excavation) will likely deter illicit trading between the neighboring states. The disastrous complications that have befallen Archaeology as a result of trading between nations whose laws and codes of conduct do not agree is obvious. Perhaps the GCC’s approach will set a standard for not only the region but the world as well.

In other news….

The GCC’s work on culture was most recently manifested in the opening of “Unity of Civilization and Cultural Diversity”, an exhibition of nearly 700 antiquities from GCC countries. The exhibition is organized and sponsored by the Saudi Commission for Tourism and Antiquities (SCTA) and on display at the King Abdul Aziz Historical Center in Riyadh, Saudi Arabia. The exhibition features rare antiquities, paintings, and presentations about the history of the Gulf states. Documentaries on several important historical and heritage sites in the GCC are also on display. The exhibition will travel to all GCC member countries over the coming months.

Prince Sultan bin Sulman, Chairman of the SCTA is keenly interested in repatriating antiquities to the GCC, especially Saudi Arabia. At the opening of the exhibition, he announced that the SCTA would continue holding exhibitions of cultural material but begin focusing these exhibitions on material returned from foreign countries. He said the GCC’s new Antiquities Law would be more strict and clear, enabling member states to track down and return cultural property. 

Iraqi Media Announce “New Plan” for Archaeological Sites and Antiquities:

Same Rhetoric, Same Roadblock

I will not comment extensively on the recent announcement of a ‘new plan’ for antiquities, archaeological sites, and museum collections in war-ravaged Iraq. The lack of anything new or even close to feasible in both the Iraqi and U.S. plans says it all. The archaeological heritage, indeed culture, of the region faces a roadblock few can manage but many like to discuss. We need less rhetoric and more action. We can use less proposals and more funding. Most importantly, we need less talk of tragedy and more claims of responsibility from those unwilling to devote the time, funding, and resources to repatriating, repairing, and protecting this fragile material history.

With that said… here is the “New Plan” as reported by Zaynab Khudair in Azzaman on January 22, 2009:

The Ministry of Tourism and Antiquities has drawn up a new plan to retrieve “all the antiquities that have been stolen,” according to the minister, Qahatan al-Jibouri.

Jibouri, whose ministry is in charge of the Antiquities Department, said the return of smuggled and stolen Iraqi relics as well as the protection of Iraqi ancient sites was a top priority.

The relative quiet in the country has encouraged the government to draw the plan which among other things calls for the deployment of guards to protect endangered Mesopotamian sites.

Jibouri said all Iraqi ministries would be involved in the program under which no government authority will be allowed to encroach on mounds and areas containing debris of ancient civilizations.

Government bodies will also help in safeguarding these areas, Jibouri added.

The details of the plan have yet to be worked out, but archaeologists say it is the first serious effort in post-U.S. invasion to preserve the country’s ancient heritage.

As for the return of stolen antiquities, the ministry will give financial benefits to persons handing the finds in their possession to the Antiquities Department.

Thousands of antiquities, among them some priceless relics, are still missing following the looting of the Iraq Museum shortly after the U.S. invasion.

It is believed that thousands more have been recovered from ancient sites through illegal digging at some of the most fabulous and renowned ancient cities like Babylon, Ur, Nimrud and Ashur.

Iraq has more than 10,000 archaeologically significant sites and it needs an army of guards for their protection.

 

 

 

Egyptian Antiquities Set to Return from Sweden

212 Egyptian Antiquities are set to return to Egypt from the stergötlands Country Museum in Stockholm, Sweden after nearly five decades of professional (and, not so professional) display.

The assemblage of 212 objects originally excavated by Otto Smith includes wood and ivory arrows, painted and plain clay vessels, pots, fabrics, chandeliers, mirrors with a design of the goddess Hathor, wooden combs and limestone reliefs with ancient Egyptian engravings as well as marble, limestone and granite statues depicting Pharaonic deities and nobles. 

The assemblage was housed in Smith’s home until 1934. Following his death in 1956, Smith’s grandson sent the collection to the neighboring Stergötlands Museum for restoration. In 1959, the family offered the entire collection to the Museum under a contract stipulating that the Museum would not damage, exhibit, or store the objects in an inappropriate or unprofessional manner.

The 1959 Contract was violated over the past ten years. Approximately 162 objects have been separated from the assemblage and put on display (if one can even call it that) in the Museum’s basement-level restaurant. 

Upset by the treatment of the collection, the Smith family requested its return to them. They recently decided to return the assemblage, in full, to Egypt.

The return appears to be well-founded and the restitution claim seems to be well executed, unlike many of the complicated and overly personal claims forwarded against and by Egypt in the past few years.

Egyptian Newspaper Al-Ahram Reports:

The SCA sent their legal consultant Achraf El-Achmawi and Egyptologist Amr El-Tibi to investigate the case. El-Achmawi told Al-Ahram Weekly that inspecting the restaurant where the objects were exhibited revealed several negative aspects that were helping to exacerbate their deterioration. The objects, he said, were very badly displayed and in a very poor condition of preservation. Some are stuffed into two vertical showcases located in a corner among the tables and chairs of the restaurant, while the others were exhibited freely on wooden bases where they were exposed to humidity, water vapour and smoke emanating from the restaurant’s open kitchen. Cigarette smoke, heat exhaled from guests’ breath and direct lighting also played a destructive role on the objects.

One of the worst aspects, El-Achmawi pointed out, was that every night the restaurant was used as a nightclub where people danced and sang, whereby the objects were in immediate danger of accidental damage.

Continued…

“It was really a challenge,” El-Achmawi told the Weekly with some enthusiasm. He explained that the collection was regarded as the museum’s only collection of Egyptian antiquities. When Egypt recovered them, he said, the …stergötlands Museum would not have any Egyptian pieces among its exhibits. “Such an endeavour is a concrete step towards returning Egypt’s smuggled heritage and a tag that the SCA will use as leverage in similar cases in the future, specially in recovering smuggled objects exhibited in international museums,” El-Achmawi said.

Still, we can’t take Al-Ahram’s reporting at face value. The article on the Sweden/Otto Smith case concluded with self-congratulatory comments and reports from the SCA and Dr. Hawass regarding the case of Ali Aboutaam. It appears that Al-Ahram and the SCA both believe the case to be open and active. In fact, Aboutaam was released by Bulgarian authorities and is now in Switzerland. No claims by the Swiss authorities or Interpol agents have been forwarded against him or Phoenix Ancient Art.

One wouldn’t know that reading Al-Ahram…

This week in Bulgaria Interpol apprehended Lebanese antiquities trader Ali Aboutaam, who was accused of smuggling antiquities out of Egypt. Zahi Hawass, secretary-general of the SCA, said Aboutaam was convicted in the famous antiquities smuggling case of Tarek El-Seweisi, who was caught by the Egyptian police in 2003 and convicted of stealing and smuggling Egyptian antiquities.

El-Seweisi collaborated with Aboutaam to smuggle 280 artefacts out of the country by packing some of them as glass bottles and hiding others in large boxes of children’s toys and electronics, all labelled with the name of a well-known international exporting company.

Hawass added that investigations carried out by General Prosecution in Egypt revealed that Aboutaam helped El-Seweisi to smuggle the artefacts out of the country. He was the eighth criminal to be convicted in the case, but was still at large until last week when Interpol caught him in Bulgaria. In April 2004, the Criminal Court in Egypt sentenced him in absentia to 15 years imprisonment and a fine of LE50,000.

 

UPDATE: Ali Aboutaam is Released in Sofia

As an update to my recent post on the arrest and charge of Ali Aboutaam, please note that the notorious antiquities dealer and enemy of Egypt’s Supreme Council of Antiquities has been released in Sofia. He is currently in Switzerland. The Geneva law firm responsible for Mr. Aboutaam’s case, Woodtli Levy Pardo and Brutsch, issues a statement declaring that Bulgaria had refused the extradition request. Mr. Aboutaam was later released and fled to Switzerland following what must have been the lifting of a travel ban previously imposed on Mr. Aboutaam. 

Isabel Vincent of The New York Post issued this statement:

Aboutaam, a principal in Phoenix Ancient Art on the Upper East Side spent several weeks under house arrest in Sofia, Bulgaria, as officials debated whether to honor an Interpol warrant issued by the Egyptians, according to court papers.

Aboutaam, 43, was convicted in Cairo in 2004 of smuggling the artifacts. Bulgaria this month rejected the extradition request.

“I think it would be very helpful if the Egyptians read the Bulgarian opinion,” said Peter Chavkin, a Manhattan attorney for Aboutaam, who lives in Geneva.

“The Bulgarian authorities found that Ali was not afforded fundamental protections and that the underlying conviction was bogus.”

Mr. Aboutaam, his lawyers, and Interpol wait for a response from Egypt and the Supreme Council of Antiquities. It will be interesting to see how and when Egypt responds to this declaration and release, if at all. Their inability to move forward against Aboutaam may deter their ability to press charges in similar international cases in the future. Certainly, their work with Interpol leaves much to be desired. Whether Egypt or Interpol is at fault is hard to say. Either way, the case seems to have had few too many holes.

U.S. Ban on the Importation of Chinese Antiquities

A Step in the Right Direction or a Confusing Pact Few will Enact Properly?

As Reported by Randy Kennedy in the New York Times, the United States and China recently agreed on a ban restricting the importation of Chinese antiquities in the United States.

 

In its final days, the Bush administration has reached a long-anticipated agreement with China that will ban imports of a wide range of Chinese antiquities into the United States to help stanch the growing illicit traffic in such artifacts.

The accord, signed on Wednesday, covers antiquities dating from the Paleolithic period, starting in 75,000 B.C., through the end of the Tang dynasty, in A.D. 907, and all monumental sculpture and wall art at least 250 years old. 

 

The ban has been debated by many legal professionals, art dealers, and scholars of Ancient Chinese art. Many argue that while the ban is narrower in scope than China’s original proposal it will nonetheless help to curb to the illicit trade in antiquities and mass exportation of Chinese cultural material. Others argue that departments in charge of ensuring the restrictions are abided be, such as the US Department of Homeland Security, will be confused by its limitations and unable to properly ensure that approved antiquities are differentiated from disapproved objects. Many worry that it will only confuse and scare people involved in the trade, limiting the circulation of objects for legal study and loan. 

Read the complete coverage here.

Ali Aboutaam Caught in Bulgaria

Egyptian Minister of Culture Farouk Hosny recently announced that notorious antiquities trader Ali Aboutaam was caught in Bulgaria by Interpol forces. Aboutaam is charged with smuggling Egyptian antiquities.

Aboutaam, a Lebanese trader, owns an antiquities gallery in Geneva, Switzerland. Aboutaam was convicted in 2003 of smuggling 280 antiquities out of Egypt in partnership with Tarek el-Seweissi. The General Prosecution in Egypt’s investigations confirmed that the two had sent hundreds of antiquities abroad concealed in toy and glass bottle shipments. Aboutaam fled the country and has been at large since 2003. In April, 2004, the General Prosecution sentenced him in absentia to 15 years in prison and a fine of 50,000 LE.

Interpol forces tracked down and arrested Aboutaam in Bulgaria with the assistance of the FBI’s Art Crime Team. Since his conviction, Egypt has succeeded in recovering nearly 100 of the 280 objects smuggled by Aboutaam. 180 still remain on the illicit market.

Secretary General of the Supreme Council of Antiquities, Dr. Zahi Hawass, stated to the media that the arrest of Aboutaam by international forces is a ‘concrete step’ in ending the illicit trade of antiquities in Egypt and around the world.