Indigo Nights: True, Dr. C., but that would be like saying that Grandma sold off her diamonds when times were tough, her grandkids developed a much better life, and now were demanding them back with no compensation to the person who bought them.  That would be unjust enrichment.

 

That example could only be said to be slightly true to the situation if you considered: Granddad died and left in his Will his diamonds to his sons and daughters, but Grandma went and pawned them to a broker. The children want the diamonds back that rightly belong to them. 

 

However, it is hardly a just comparance since cultural property is Not the same as just any property. 
(For a definition of what constitutes 'cultural property' check for example Article 1 of the UNESCO Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property, 1970, which is the most widely accepted treaty for cultural heritage.) 

No one has the right to sell the cultural heritage of a nation. And although the legality of transfer of ownership is important to consider, possession does not necessarily imply rightful ownership. And rightful ownership does not obviously lead to possession. 

What if George Washington's body turned up in Egypt? Can you imagine them not giving him back?

 

Lastly I think, the whole world has a right to cultural heritage, and I think we should now be stepping in to the age of partnership rather than ownership of property by museums. Museums of the world have a common goal in sharing the knowledge with the world audience. 


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Reflections on title and provenance:
The ICOM (International Council of Museums) Code of Ethics, Article 2.2 states:

2.2 Valid Title 
No object or specimen should be acquired by purchase, gift, loan, bequest, or exchange unless the acquiring museum is satisfied that a valid title is held. Evidence of lawful ownership in a country is not necessarily valid title.

Thus a distinction is made between the legal status of an object and ethics. 



The ICOM Code of Ethics further states:

2.3 Provenance and Due Diligence 
Every effort must be made before acquisition to ensure that any object or specimen offered for purchase, gift, loan, bequest, or exchange has not been illegally obtained in or exported from, its country of origin or any intermediate country in which it might have been owned legally (including the museum's own country). Due diligence in this regard should establish the full history of the item from discovery or production.
Thus, the history of the object is recognized as a source for making ethical judgements on acquisitions. It is the history of the object that is counted, and not just the last valid title. The history of an object can define the validity of the physical context of the object.

 



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