Washington Post Questions Provenance of Holocaust Era Torahs

In a lengthy article in its Sunday Magazine, the Washington Post has questioned whether rescued Torah scrolls actually have the associations with the Holocaust Rabbi Menachem Youlus and his "Save a Torah Foundation" claims. See http://www.washingtonpost.com/wp-dyn/content/article/2010/01/22/AR2010012203257.html

The article also touches on patrimony issues, explaining that

"Eastern European countries consider the scrolls their cultural property and severely restrict their export."

Yet, the article also notes that

"Many state museums and archives in Eastern Europe -- including some in former monasteries -- do hold hundreds of scrolls. And half a dozen major Jewish organizations, backed by the U.S. State Department, have been pressing governments in the region to return them to Jewish hands in an orderly fashion."

[How odd then that another part of the State Department (the Bureau of Educational and Cultural Affairs) is working to repatriate other Torah scrolls to a far more unfriendly area these days for practitioners of the Jewish faith-- Iraq. See http://culturalpropertyobserver.blogspot.com/2008/05/emergency-restrictions-on-iraqi.html and http://culturalpropertyobserver.blogspot.com/2010/01/iraqi-authorities-continue-erasure-of.html

And it should be noted that the Rabbi's other efforts included helping to rescue just such a Torah from Iraq before these restrictions were put in place. See http://www.thejewishbugle.com/community-news/a-400-year-old-sifrrei-torahs-journey-from-iraq-to-am-2.html.]

In any event, other publications and blogs have already taken notice of the Washington Post story, and have more clearly suggested outright fraud may be involved. See http://www.nypost.com/p/news/national/torah_trouble_for_rabbi_indiana_97SmMclAEhNXC8zolKW47H and http://blogs.jta.org/telegraph/article/2010/01/25/1010309/is-the-holocaust-torah-rabbi-a-fraud

Others, however, are a bit more charitable. In closing, the Washington Post quotes one such expert as saying,

"As for Youlus's Torah rescue stories, Berenbaum came to his own conclusion. "A psychiatrist might say they are delusional. A historian might say they are counter-factual. A pious Jew might call them midrash -- the stories we tell to underscore the deepest truths we live," he says. Midrash, in this context, refers to the ancient tradition of rabbis telling anecdotes and fables to convey a moral lesson. "Myth underscores the deepest truth we live," Berenbaum says."

Common Sense from India

An Indian publication, the Hindu, has posted an intersting editorial calling for India's laws to be updated to provide for both enhanced enforcement and the institution of a system akin to the Treasure Act and Portable Antiquities Scheme. See http://beta.thehindu.com/opinion/editorial/article96475.ece

As the editorial states,

Best practices in England and Wales show that it helps to have an amended legal framework that is accommodative and forward-looking. They also demonstrate that the practical way to enhance protection is to involve communities in reporting and protecting artefacts. The Portable Antiquities Scheme, implemented in England and Wales, is one of the biggest success stories of recent times. The scheme encourages local communities to voluntarily report and register the discovery of artefacts with the help of experts. The resulting data base is placed in the public domain. So far it has documented 400,000 archaeological finds, including the remarkable eighth-century Staffordshire Hoard. The functional features of such schemes can be modified to suit Indian conditions but there must be sincere and diligent implementation. Efforts in Italy demonstrate that enhanced and dedicated policing and the aggressive pursuit of stolen antiquities abroad is equally necessary. In 2009, Italian art police recovered about 60,000 pieces of looted antiquities and helped reduce art theft by 14.5 per cent from the previous year. Comparable results can be achieved in India if protective measures are professionalised and creative partnerships developed with local communities.

I'm pleased to see this Indian publication is advocating use of the "carrot" as well as the usual "stick."

Panel Discussion About Cultural Property Issues Impacting Tribal Arts Collectors

There will be a panel discussion in San Francisco, California, concerning laws impacting the collecting of Tribal Arts: See http://acn.liveauctioneers.com/index.php/features/shows-events

According to a press release,

SAN FRANCISCO – A panel discussion titled Collectors, Dealers, Museums & the Law, a highlight of Arte du Monde Week, will take place Feb. 11 beginning at noon Pacific at the Marin Civic Center in San Rafael.

The panel features members of the judicial, academic, law enforcement and art dealer communities. Aimed toward collectors, dealers and the general public, the purpose of the discussion is to increase awareness of cultural property laws as well as the legal responsibilities of collectors, dealers and museums.

This discussion is sponsored by the Antique Tribal Art Dealers Association and coincides with the San Francisco Bay Area Arte du Monde /Tribal Arts Weekend.
Panelists include:

Kate Fitz Gibbon is a Santa Fe, N.M., attorney specializing in cultural patrimony issues. She is the author of Who Owns the Past? Cultural Policy, Cultural Property, and the Law published by Rutgers University Press. She served on the Cultural Property Advisory Committee to the U.S. President from 2000 to 2003.

Steven F. Gruel is a former federal prosecutor from the Northern District of California. In addition to serving as chief of the Major Crime Section, he received numerous awards for his work from U.S. Attorney General Janet Reno and FBI Directors Louis Freeh and Robert Mueller. In 2005 he started his own law firm concentrating on criminal defense and business litigation.

Mark Johnson is a Los Angeles Tribal Art dealer considered one of the principal specialists in the United States on the Tribal Arts of Indonesia and Southeast Asia. He is the official advisor on Indonesian Tribal Art for the Mingei International Museum in San Diego.

A U.S. Fish & Wildlife Service law enforcement officer.

Admission to the panel discussion is free, but space is limited. For reservations, call (415) 925-3717 and leave a message.

The panel discussion will take place in the Exhibit Hall of the Marin Civic Center, 10 Avenue of the Flags in San Rafael, Calif.

The event is part of the of the Arte du Monde/Tribal Arts Weekend in the San Francisco Bay Area. The Weekend (actually two weekends) is anchored by three major art shows that attract a local, national and international audience of approximately 15,000. More than 400 top international galleries and dealers participate each year in the shows.
Participating art fairs are:

San Francisco Arts of Pacific Asia Show, Fort Mason Center, San Francisco, opening night preview Feb. 4, Feb. 5-7;

San Francisco Tribal & Textile Arts Show, Fort Mason Center, San Francisco, opening night preview Feb. 11, Feb. 12-14;

Marin Show: Art of the Americas, Exhibit Hall, Marin Civic Center, San Rafael, opening night preview Feb. 12, Feb. 13-14.

On Tribal Arts Weekend (Feb. 12-14) visitors will be admitted to both the San Francisco Tribal & Textile Arts Show and the Marin Show: Art of the Americas with the purchase of one ticket ($15) at either show.

Tickets are available at the door.

For details visit the Web site www.artedumondesf.com.

Read more: http://acn.liveauctioneers.com/index.php/features/shows-events#ixzz0dwEJAoGX

Read more: http://acn.liveauctioneers.com/index.php/features/shows-events#ixzz0dwEJAoGX

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.