Cultural Property

1. Cultural Property AMCV1550, Week 2

2. Politics of Public Humanities • Who Owns Culture? • Whose Stories? • Who Tells Them? • Cultural heritage/cultural property/cultural patrimony • Always multiple interpretations/versions – who wins? • Contests between versions of the past and the meaning of objects; between group interests; between commercial/economic interests; between history and present/future • Answers are historically contingent and hegemonic; reflect relations of power and political values

3. How to value cultural heritage? • Market value • Value of materials or craftsmanship • Prevalence or rarity • Provenance • Cultural significance • Association with people(s) or nations • Religious/spiritual meanings • Aesthetic or scientific value • Meaning in context of a collection or site

4. Museums, memorials and memorial associations, archives, historic sites, monuments, etc. • Used to legitimate power/enforce the status quo and intended to instruct the future • Used to make claims to power and as the basis for collective identity • Now demand for more diverse and democratic narratives? • Adding new stories or rethinking old ones? • Shift to think about serving communities, not just representing them? • Recognizing historical/artistic value or seeking economic rewards?

5. D.C. National Mall • Memorials and museums – intended as ceremonial space in city’s original layout • But used by War dept. and for office buildings until after WWII • Oversight by NPS, Commission of Fine Arts, National Capital Planning Commission, Architect of the Capitol, DC Mayor, Commissioner of the Public Building Service of the GSA, Secretary to Dept of Defense, and American Battle Monuments Commission

6. Criteria • Subject of commemoration must be of “preeminent and lasting significance to the nation.” • Nonmilitary events and any people cannot be commemorated until at least 25 years after death/event’s anniversary • Military works authorized only to commemorate a war or similar military conflict (after at least 10 years) or to commemorate a branch of the Armed Forces • Locations – cannot interfere with any existing monument and must, if possible, be relevant

7. WASHINGTON D.C. NATIONAL MALL 1829 Henry Smithson bequeathed money for a Washington educational establishment (Construction of 1st Smithsonian museum began 1847) 1867 War Department took control of the Mall (replacing the city) 1884 Washington Memorial completed (first proposed 1799) 1901 Work to create present lay out began (Capitol to Lincoln Memorial) 1910s Temporary office buildings created during WWI; in use until 1970s 1922 Lincoln Memorial completed 1933 National Parks Service created and took over control of Mall 1943 Jefferson Memorial completed 1970s Reflecting pools added 1982 Vietnam Veterans Memorial completed; in 1984 3 soldiers added 1989 Congress established National Museum of American Indian 1993 Vietnam Women's Memorial completed 1995 Korean War Veterans Memorial completed 1997 FDR monument completed 1999 Approval given for Martin Luther King, Jr. memorial 2004 World War II memorial completed Also under development -- Black Revolutionary War Patriots Memorial; George Mason Memorial; John, Abigail, and John Quincy Adams Memorial; NMAAHC

8. Principles of international cultural heritage policy • Agreements among nations for purpose of larger ‘good’ and ‘collective heritage’ – • Ensure enjoyment of present and future generations • Physical protection and access (even if restrict rights of possessor) • Evolving away from focus on ‘property’ to heritage; and to include intangible, as well as tangible heritage • Nation states the signatories of agreements and the bodies for enforcement • Limited by understandings of national identity and interest; and by disparities of power and resources among nations • Generally not retroactive

9. 1899 and 1907 Hague conventions: • First international agreements advocating protection of cultural property • Concerned with conduct in war: Article 27 In sieges and bombardments all necessary steps should be taken to spare as far as possible edifices devoted to religion, art, science, and charity, hospitals, and places where the sick and wounded are collected, provided they are not used at the same time for military purposes. AND Article 56 The property of the communes, that of religious, charitable, and educational institutions, and those of arts and science, even when State property, shall be treated as private property… All seizure of, and destruction, or intentional damage done to such institutions, to historical monuments, works of art or science, is prohibited, and should be made the subject of proceedings. (1899)

10. 1954 UNESCO Convention • Focused on protection of cultural heritage in event of armed conflict • Signed by more than 100 states • Recognized cultural property as part of collective heritage of all humans • “Market nations” benefitted over “source nations” by arguing cultural property belonged to all

11. 1970 Convention • Focused on illegal transfer of ownership (across national lines) • Responsibility of nations to protect property within their territory – and to ensure cultural institutions follow recognized international moral principles • Nations also responsible for national inventory of protected property; for presentation and preservation; and for education • Only acquisitions/transfers after 1970 covered

12. 1970 continued • Greater power for ‘source nations’ – parties ‘recognize that the illicit import, export, and transfer of ownership of cultural property is one of the main causes of the impoverishment of the cultural heritage of the countries of origin’ • Cultural heritage of each nation includes that ‘created by the individual or collective genius of nationals of (that) State,’ and that created or found within the territory or acquired by consent

13. UNESCO role insomereturn and restitution cases In 1983, (after 7 yrs litigation) Italy returned over 12,000 pre-Columbian objects to Ecuador. The moral support expressed by UNESCO was recognized by the Ecuadorian authorities as a significant factor in the success of their cause. In 1986, the Cincinnati Art Museum (USA) and the Department of Antiquities of Amman (Jordan) decided to jointly exchange moulds of the respective parts of the sandstone panel of Tyche with the zodiac in their possession, in order to be able to present the work in its entirety. The return was requested by Jordan and the case was resolved by mediation. In 1987, Germany returned the 7,000 Bogazköy cuneiform tablets to Turkey. The case was resolved by direct return. In 1988, the U.S. returned the Phra Narai lintel to Thailand. The case was resolved by mediation. The Committee also supervised the return to the Museum of Corinth (Greece) of 271 objects held in the United States of America.

14. 2003 UNESCO Convention for Safeguarding of Intangible Cultural Heritage • Recognizes tangible and intangible heritage as “interdependent” and intangible heritage as “mainspring of cultural diversity” and invaluable for exchanges and understanding among people • Each State responsible for naming and listing: “the various elements of the intangible cultural heritage present in its territory, with the participation of communities, groups and relevant NGOs.”

15. Examples include • (a) oral traditions and expressions, including language as a vehicle of the intangible cultural heritage (chants in Philippines and Korea; oral heritage of Gelede in Togo; whistled language of the Canary Islands) (b) performing arts (the Tango added by Argentina and Uruguay) (c) social practices, rituals and festive events (Costa Rican oxherding; Carnival in Bolivia and bell ringing festivals in Belgium) (d) knowledge and practices concerning nature and the universe (sowing rituals in Uzbekistan) (e) traditional craftsmanship (Chinese calligraphy; Croatian lace making)

16. Antiquities Act, 1906 (U.S.) • Empowered president to designate protected public lands of cultural value (including sites of archaeological or scientific value) • Devil’s Tower first national monument named • 1979 replaced by Archaeological Resources Protection Act

17. National Park Service • Created 1916 to manage U.S. national monuments and parks (under Dept of the Interior) • Dual role of conservation and tourism • Natural parks; historic parks; National Trails; National Recreation Areas; National Preserves • Nearly 400 sites

18. National Historic Preservation Act (1966) • To preserve historical and archaeological sites • Created National Register of Historic Places, National Historic Landmarks and state historic preservation offices • Requires federal agencies to evaluate the impact of federally funded or permitted projects on historic properties (Section 106 review) • National Register lists sites and districts worthy of preservation (overseen by NPS)

19. NAGPRA • 1990, Native American Graves Protection and Repatriation Act • All museums, agencies and higher learning institutions that receive federal $$ must inventory objects (patrimony, sacred and funerary) and human remains of American Indians and Native Hawaiians and notify affected tribes – and repatriate items • Through Dept. of Interior (NPS)