Transparency Falters

The Washington Post has reported on bureaucratic inertia in the face of President Obama's promises of transparency and accountability. See http://www.washingtonpost.com/wp-dyn/content/article/2010/01/26/AR2010012602048.html

As the report states,

In case after case, the plaintiffs say little has changed since the Bush administration years, when most began their quests for records. Agencies still often fight requests for disclosure, contending that national security and internal decision-making need to be protected.

FOIA expert (and attorney for the numismatic groups in the pending FOIA appeal) thinks the article focused too much on numbers, and not enough on the underlying issue. In his own blog, he states,

I think the real (and more interesting ) story would be why haven't certain agencies implemented policies reflecting the President's FOIA statements and what has the Department of Justice done about this?

See http://thefoiablog.typepad.com/the_foia_blog/2010/01/washington-post-finds-it-suprising-that-there-are-still-foia-lawsuits.html

I can't agree more. That certainly applies to the US State Department Bureau of Educational Cultural Affairs and its continued intransigence in supplying information about import restrictions-- even when it comes to Cultural Property Advisory Committee Reports that are supposed to be provided to Congress and which have been voluntarily produced in the past.

As I have also observed, if anything, the State Department has a special obligation to be as transparent and accountable as possible. State Department officials-- including Secretary Clinton-- have certainly preached the virtues of transparency and accountability to other governments. See http://culturalpropertyobserver.blogspot.com/2009/11/so-much-for-transparency-and.html

James Cuno Lectures at George Washington University

On Jan. 21, 2010, Dr. James Cuno lectured about "Museums, Antiquities and the Politics of Cultural Property" to a packed house of mostly students at George Washington University.

Dr. Cuno recounted the themes expressed in his book, "Who Owns Antiquity? Museums and the Battle Over Our Ancient Heritage." See http://culturalpropertyobserver.blogspot.com/2008/07/kudos-for-cuno.html

As in that book, Cuno explained how:

• Source country nationalism rather than a desire to protect archaeological sites motivates most efforts to seek repatriations or import restrictions.
• Source counties should return to the practice of allowing "partage" in return for help in excavating archaeological sites.
• Archaeologists are dependent on source countries for excavation permits. Self-interest or fear of offending their hosts has led to unqualified support for source country rights over cultural artifacts even when that results in the neglect or destruction of those same artifacts.
• Whoever made a cultural artifact, it certainly was not made for a modern nation state.
• Some source countries unashamedly assert rights over cultural artifacts of peoples and cultures they actively seek to subvert.
• Encyclopedic museums have become a target for source nations and archaeologists because they stand in opposition to the nationalization of culture.
• The trend of repatriations and import restrictions runs counter to the even more powerful trend of globalism.

Cuno illustrated his lecture with examples to drive home these points:

• Images of Italy's trophy art display at the Italian President's flag-draped residence made clear the nationalistic impulses behind Italy's repatriation efforts.
• Yale's trouble with Peru over Machu Picchu relics can be plotted against declining poll numbers for the Peruvian government-- there is no better way to divert attention from the troubles at home than to go after the most Yankee of institutions in court and the press.
• Chinese complaints about artifacts stolen by colonial powers must be judged against China's own treatment of its own minorities, i.e., the Tibetans and Uighurs.
• The cargo from an ancient Turkish shipwreck underscores that artifacts cannot easily be tied to a single culture.
• An image of a Chinese tea pot shaped in an Indian inspired form with English silver inlays demonstrates that artifacts are created from a mix of cultural elements.

As an antidote to cultural property nationalism, Cuno advocated:

• A rethink of national cultural property retention statutes to allow partage and licit markets.
• The creation of encyclopedic museums in countries like China and Greece.
• The recognition that encyclopedic museums help popularize the culture of countries like Italy, China, Peru and Greece and help keep immigrants visiting these museums attuned to the culture of their home.

Also of interest was Dr. Cuno's self-effacing style, complete with some humorous quotations from some of the more colorful reviews of his book.

For more about upcoming lectures in this series-- including ones by Patty Gerstenblith and Malcolm Bell, see http://www.gwu.edu/~csll/museums.html

Egyptian MP Proposes Legalization of Antiquities Trade

An independent Egyptian media outlet, Al-Masry Al-Youm, has reported, "MP Ahmed Ezz, who is also a leading member of the ruling National Democratic Party, suggested an amendment that would legalize trade in antiquities." See http://www.almasryalyoum.com/en/news/antiquities-profit

Unfortunately, there apparently was no real debate on the amendment: Zahi Hawass, Egypt's antiquities Pharaoh, ensured the proposal was promptly shot down.

Interestingly, however, Al-Masry Al-Youm took the debate to the streets. The responses to the media outlet's question are interesting-- as is the percentage of government employees that participated in the canvass.

Cultural Property Observer would be particularly interesting in how the poll question was phrased. It would also be interesting to learn whether the MP's proposal specifically addressed sales of artifacts of a sort that exist in multiples, and are likely never to see the light of day out of storage.

Is it Better to Require All Collectors to Disclose All They Have or for the Police to Disclose What is Missing?

Archaeo-Blogger David Gill's recent posts demanding that collectors post what they own on-line (see http://lootingmatters.blogspot.com/2010/01/will-knowledgeable-collector-of-greek.html) (as opposed to the police posting what is missing) invites a check of Professor Gill's logic. Consider these hypotheticals:

A car is stolen in a large city. To recover the car, would it be better for (1) the police to post a photo of the missing car on line, or (2) the owners of every car in the city to post pictures of their car(s) on line? Which approach would best help recover the stolen car and which approach would best help car thieves?

Or, try this:

A child is kidnapped. If one was serious about recovering the child, would it be better for (1) the police to post a photo of the missing child on line, on milk cartons, etc., or (2) parents to post photos of all their children on line with the hope that someone finds the missing child among that group? Which would be better for the missing child and his parents, and which would be better for child abductors?

Anyway, something to think about. Comments, of course, are welcome.

People Are Angry...

Hell has frozen over in Massachusetts. In the bluest of blue states, the electorate has turned the "Kennedy Seat" over to the Republicans.

On the Today Show, Senator Elect Scott Brown recognized that public dissatisfaction with Washington's ways made his surprise win possible.

He stated, "[P]eople are angry. They’re tired of the back room deals. They want transparency, they want good government, they want fairness and they want people to start working to solve their problems.”

See http://thecaucus.blogs.nytimes.com/2010/01/20/brown-people-are-angry/

Come to think of it, that is all ancient coin collectors want too.

They are angry at the bureaucrats in the State Department. They are tired of back room deals like that apparently involving former Undersecretary of State Nicholas Burns. See http://culturalpropertyobserver.blogspot.com/2008/08/nicholas-burns-philhellene-cultural.html They want transparency. See http://culturalpropertyobserver.blogspot.com/search/label/transparency They want fairness. See http://culturalpropertyobserver.blogspot.com/2010/01/another-perspective-on-cpac-and-interim.html They want common sense solutions to cultural property issues that encourage cooperation not conflict. See http://culturalpropertyobserver.blogspot.com/2009/09/massive-anglo-saxon-hoard-reported.html

Hopefully, Judith McHale, Undersecretary for the State Department Bureau of Public Diplomacy and Public Affairs, and Judith Ann Stewart Stock, nominee to be Assistant Secretary of State for the Bureau of Educational and Cultural Affairs, will take some notice.

Italian Authorities Disclose Pictures of Artifacts Subject to Seizure

Archaeo-Blogger David Gill notes that the Carabinieri have provided a DVD to certain antiquities dealers of artifacts recovered from a Swiss warehouse in 2001 that are apparently subject (again) to seizure: http://lootingmatters.blogspot.com/2010/01/have-you-seen-this-krater.html

In so doing, he posted but did not directly answer the following question:

David- Could the release of this material be a response to Bill Pearlstein's complaints during the interim review of the Italian MOU that the Carabinieri and US Customs were playing "gotcha" with American auction houses and collectors? See http://culturalpropertyobserver.blogspot.com/2009/11/gotcha-italian-style.html

Instead, Gill reiterates the AIA line that auction houses (and collectors) should only collect artifacts with a solid pre-1970 provenance. But, of course, this does not account for what to do about "orphan artifacts," and, in any event, a 1970 provenance is no "safe harbor" for the likes of Zahi Hawass and friends.

A knowledgeable collector of Greek vases has proposed something more modest. Why can't the Carabineri post images of this material on-line and make it easy for collectors, auction houses, dealers and museums to check whether they have inadvertently purchased artifacts with a questionable provenance?

"Cultural Property Observer" supports that idea, and also asks, "Why does it always seem that that ideology must trump common sense?"

Iraqi Authorities Continue Erasure of Evidence of Jews

Knee-jerk repatriationists in the archaeological community and bureaucrats within the State Department's Bureau of Educational and Cultural Affairs who believe Torah scrolls written in Iraq years ago should be repatriated there would do well to read this story. See http://www.jpost.com/servlet/Satellite?cid=1263147896786&pagename=JPost%2FJPArticle%2FShowFull

According to the Jerusalem Post,

For centuries Jews, Christians and Muslims came to Al-Kifl, a small town south of Baghdad, to visit the tomb of the Prophet Ezekiel and pray.

The distinctive Jewish character of the Al-Kifl shrine, namely the Hebrew inscriptions and the Torah Ark, never bothered the gentile worshipers. In the 14th century a minaret was built next to the shrine, but the interior design remained Jewish. The vast majority of Iraq's Jewish community left some 60 years ago, but Shi'ites took good care of the holy site.

Until now.

Recently "Ur," a local Iraqi news agency, reported that a huge mosque will be built on top of the grave by Iraq's Antiquities and Heritage Authority, while Hebrew inscriptions and ornaments are being removed from the site, all as part of renovations.

I first heard the news of tomb desecration from a friend of mine who is a German scholar. After visiting the site he called me and said that some Hebrew inscriptions on the grave were covered by plaster and that a mosque is planned to be built on top of the tomb. He told me that he found the changes at the tomb disturbing and warned me that I'd better act quickly, before any irreversible damage will be inflicted," Moreh said.

"I had contacted Mr. Shelomo Alfassa, US director of Justice for Jews from Arab Countries, and told him about this situation. Then I saw the report from the Ur news agency, mentioning the decision of the Antiquities and Heritage Authority to build a mosque and to erase the Hebrew inscriptions and ornaments," Moreh said.

He asked friends to check out the developments at the site. The most recent to visit the shrine said that some of the inscriptions are now hidden by a layer of plaster.

Iraqi press reports claim that the building must be destroyed because of its poor condition. However, Alfassa believes that Iraq's Antiquities and Heritage Authority "has been pressured by Islamists to historically cleanse all evidence of a Jewish connection to Iraq - a land where Jews had lived for over a thousand years before the advent of Islam."

According to the Baghdad-born Moreh, many of the Muslims who visit the tomb today are unaware Ezekiel was a Jew.

Iraq, the biblical Aram Naharaim, is rich in Jewish religious sites. Not only Ezekiel is buried there, but also Ezra, Daniel, Nehemiah, Nahum and Jonah. (Another tomb attributed to Ezekiel is located in Dezful, in southwestern Iran.)

Soon after the US-led invasion in 2003, Iraqi authorities indicated that they intended to take good care of the Jewish sites, which might become an powerful tourist magnet. In May 2009, the Tourism Ministry declared that it intended to preserve all of Iraq's heritage sites, regardless of creed, and would soon begin the renovation of Ezekiel's tomb.

But the future of Jewish sacred sites looks grim in the intolerant current climate of post-Saddam Iraq, where only eight Jews are left, the Christian minority is severely persecuted by the fundamentalists and ancient Shi'ite mosques are blown up.

"Let's hope that the Jewish sites will be spared, but someone must intervene before it's too late," Moreh warned.

For more about efforts to repatriate Torah scrolls and continued anti-Semitism in Iraq, see: http://culturalpropertyobserver.blogspot.com/search?q=torah

For a thoughtful critique of the modern Iraqi State's claims to Jewish artifacts, see also
http://culturalpropertyobserver.blogspot.com/2008/07/joffee-critiques-justifications-for.html

This story was reported on the Iraq Crisis List here: https://lists.uchicago.edu/web/arc/iraqcrisis/2010-01/msg00007.html

Addendum: Coincidentally, the Washington Post on 01/17/10 has reported about Iraq's efforts to repatriate a Jewish archive that the US Army rescued from the bombed out headquarters of Saddam Hussein's secret police. See http://www.washingtonpost.com/wp-dyn/content/article/2010/01/16/AR2010011602583.html?sub=AR

It seems odd to me that our government would even consider returning artifacts presumably confiscated by the Iraqi Secret Police from fleeing Iraqi Jews to a nation that continues to erase them from the archaeological record. Even if the director of the Iraq National Library is well meaning, recent history as recounted above suggests that these newly restored artifacts will not be cared for and may even ultimately be destroyed. Under the circumstances, wouldn't they be better off with an Iraqi Jewish group in in exile?