web analytics
Select Page

Monika Grütters and Cultural Heritage Law

Mar 4, 2016

imageToday I had the pleasure of attending a round table discussion at the United Nations sponsored by The Consulate General of the Federal Republic of Germany and the Antiquities Coalition. The discussion featured German Cultural Minister Monika Grütters. It was a pleasure to briefly meet her and then learn more about the actions taken by Germany to protect cultural heritage. The discussion examined the concept of German cultural heritage and the controversial pending law related to the sale of works outside of Germany. However, the emphasis of today’s meeting was cultural heritage originating from outside of German borders, particularly looted objects from conflict areas such as Syria and Iraq. 

Ms. Grütters addressed the group of attendees by explaining the need for clear export and import laws and thorough due diligence. She noted that these things are necessary for legitimate trade. She noted that these requirements will be compulsory under the proposed German law amendments. In her discussion, the Cultural Minister also noted that there is a trade in loot. For those that deny the prevalence of the black market, she stated that the looting pits are evidence in themselves. She made the excellent point that without the trade in illicit antiquities, there would be no looting; essentially, the market creates the looting. With this problematic market, the Cultural Minister called upon museums and dealers to complete due diligence. She asserted that each state in the EU and the European Union as a whole bears responsibility for protecting heritage.
I was particularly pleased to hear Ms. Grütters address education. She stated that there is a need to educate art and heritage buyers. She made the important point that not all buyers are criminals. It is important to raise awareness in the public, in tourists, and in casual collectors. As Ms. Grütters noted, art is different than other smuggled property. Art is different than drugs or weapons. Art has a “special character and is not simply a commodity,” but it carries interest in a particular “society.” However, that interest brings with it high values of money and profit margins. For all of these reasons, Ms. Grütters emphasized the importance of educating the public and government officials (taking a cue from Italy, she noted that it is important to also educate law enforcement agents), and legally require due diligence.
As an art and heritage attorney and art law professor, I often discuss the need for proper due diligence and education. It was rewarding to hear Germany’s Cultural Minister to discuss these topics and make these demands on buyers and governments.

Archives