As some readers many know from my lectures, articles, and advocacy work, I tend to fall more toward “nationalist” inclinations on the nationalist v. international spectrum.[1] For the most part, I favor countries retaining rights to their heritage through management of property with patrimony laws, active enforcement through judicial process, and effective policing. The idea that universal museums are in the best position to own, appreciate, and research heritage is an argument full of patronizing pride and Colonialist undertones. However, the horrific situation in the Middle East at the hands of ISIS has challenged many “nationalists” to reevaluate their perspectives.
In light of the destruction and violence in the Middle East, there is a role for Western museums to safeguard objects. Yesterday, President Francois Hollande announced a plan at UNESCO (UN’s cultural agency based in Paris) that France wants to establish a “refuge” for Middle Eastern antiquities to protect them from ISIS destruction. Hollande stated, “The right to asylum applies to people […] but asylum applies to works, world heritage.” The president noted that the program would provide a legal framework for safeguarding at-risk heritage, and that the French parliament would consider this program in the near future.
The museum community, through the Association of American Museum Directors (“AAMD”) (the group includes 242 members across the U.S., Canada, and Mexico) implemented internal guidelines related to safeguarding objects. In September, AAMD announced guidelines for museums accepting temporary possession of antiquities at risk from conflict, terrorism, or natural disasters. The “Protocols for Safe Havens for Works of Cultural Significance from Countries in Crisis” establishes a system for museums to provide safe havens until objects can be safely returned to their origin nations. While in the museums, the works will be treated as loans. The Protocols establish a system for the protection of works during the loan process, as it provides a framework for transport, storage, scholarly access, legal protections, exhibition, conservation, and the safe return of objects as soon as possible. To maintain transparency, AAMD member museums participating in this loan program must register works on AAMD’s publicly available online “Object Registry.” This shared knowledge will reasonably prevent museums from absconding objects and later laying claim to them.
Details about the French asylum program have not been made public yet, but I’m hopeful that it will be accompanied with guidelines similar to the AAMD’s. The antiquities asylum program should include very clear rules regarding ownership—nations and institutions providing safe havens are not entitled to ownership. The disastrous situation in the Middle East must not be used as a way for Western nations to lay claim to heritage.
[1] Although some claim that the “nationalist” and “internationalist” terms are outdated, I use them for the ease of use in a short blog post.