---

Who Owns the Past?
... Most nation states have cultural property laws that restrict the international movement in archaeological artifacts found within their borders. But some antiquities are undocumented, lacking evidence of archaeological circumstances or removal. In the current debate over the acquisition of undocumented antiquities, the world’s archaeological community has allied with nationalistic programs of nation states.

Nations can and do bring charges of possession of, or conspiring to possess, stolen property against people and institutions holding objects covered by the relevant ownership laws, as seen with the Republic of Italy’s charges against the former J. Paul Getty Museum curator, Marion True, or Peru’s charges against Yale University with regard to contested Machu Picchu artifacts. More often than not, such laws are perceived as free of politics – the stuff of objective, reasoned best practice and indifferent government regulations

Nothing could be farther than the truth.

Government serves the interest of those in power. Once in power, with control over territory, governments breed loyalty among their citizens, often by promoting a particular identity and history. National culture – language and religion, patterns of behavior, dress and artistic production – is at once the means and manifestation of such beliefs, identity and loyalty, and serves to reinforce governments in power.

Governments can use antiquities – artifacts of cultures no longer extant and in every way different from the culture of the modern nation – to serve the government’s purpose. They attach identity with an extinct culture that only happened to have shared more or less the same stretch of the earth’s geography. The reason behind such claims is power.

At the core of my argument against nationalist retentionist cultural property laws – those calling for the retention of cultural property within the jurisdiction of the nation state – is their basis in nationalist-identity politics and implications for inhibiting our regard for the rich diversity of the world’s culture as common legacy. They conspire against our appreciation of the nature of culture as an overlapping, dynamic force for uniting rather than dividing humankind. They reinforce the dangerous tendency to divide the world into irreconcilable sectarian or tribal entities. ...