Restitution of Art and Cultural Objects; the Long-standing Issue of the British Museum

 

Cultural restitution is a term used to describe the return of cultural artifacts or treasures taken from their countries or communities of origin, often following historical events such as colonialism or war. The concept of cultural restitution is therefore a means to rectify past injustices and to acknowledge the cultural heritage and significance of its rightful owners. In recent years, the international community has witnessed a surge in discussions surrounding the restitution of art and cultural objects, prompting museums to reassess their collections and the ethical implications of retaining artifacts that may have been acquired under dubious circumstances. The most notable cases that have ignited global debate are the longstanding dispute between the British Museum and several countries - particularly Greece – over the ownership and display of important cultural treasures. At the heart of this controversy lies the question of whether museums should return artifacts to their countries of origin and how such a process might unfold. 

The British Museum, founded in 1753, boasts a vast and diverse collection that spans centuries and continents. However, the roots of the restitution debate mainly focus on the 19th century, when the expansion of the British Empire resulted in the acquisition of numerous artifacts from around the world. The contentious issue of rightful ownership and location of these objects has come to the forefront in recent years, challenging the traditional narrative of museums as repositories of global heritage. 

At the center of the British Museum's restitution debate are the Elgin Marbles, the classical Greek sculptures that adorned the Parthenon temple in Athens circa 447 BC. In the early 19th century Lord Elgin, former British Ambassador of the Ottoman Empire, removed a significant portion of these sculptures and transported them to England. The legitimacy of this acquisition has been subject to growing contention, with Greece asserting that the removal occurred without proper authorization. 

Another notable example concerns the restitution of the Nigerian Benin Bronzes, a collection of intricately crafted metal plaques, sculptures, and artifacts allegedly looted from the Kingdom of Benin (present-day Nigeria) during a British punitive expedition in 1897. The British Museum houses a substantial portion of these artifacts, and there have been increasing calls for their return to Nigeria. Advocates argue that the Benin Bronzes hold immense cultural and historical significance for the people of Nigeria as they represent a tangible link to their past. While Nigeria and Germany recently signed a deal for the return of hundreds of Benin Bronzes, British institutions have been slower to respond. As it stands, the British Museum website states that “the museum is committed to active engagement with Nigerian institutions concerning the Benin Bronzes, including pursuing and supporting new initiatives developed in collaboration with Nigerian partners and colleagues”(1), but nothing more. 

The British Museum collection totals eight million cultural and art objects, of which only 1% is ever displayed simultaneously. These small numbers prompt a reflection as to why, despite the impracticality of displaying the entirety of its storage, the Museum remains adamant about keeping its contested objects, including, but not being limited to, the Elgin marbles and the Benin bronzes. 

The Museum’s stance is mainly a result of its legislation and policies that coordinate the allocation and ownership of these objects. According to the British Museum Act of 1963, the Museum’s board of trustees is barred from returning any object in the collection unless i) it is a duplicate; ii) it is physically damaged; iii) or is “unfit to be retained in the collection” and no longer of public interest (2). This law makes it so that, once any object or artifact has entered the museum’s collection, there will be no possibility of returning it unless one of the above mentioned conditions is satisfied. The existence of the British Museum Act of 1963 clearly illustrates how systems of power, such as the British government, are able to skillfully leverage legislation within the art industry in order to maintain their colonial legacy. 

Naturally, since the Act is only applicable within its national jurisdiction and lacks international legislative authority, it is largely contested outside of the United Kingdom. Greece had already submitted, over half a century ago, a formal request to have the marbles returned to their original country, however the British Museum has always responded negatively to such a request. Despite this initial refusal, in January 2023 the two countries appeared to take an important step towards a potential resolution of this long-standing issue. The Museum started to engage in talks with the Greek government about the return of the marbles. In reality this dialogue whilst initially promising, was an opportunity for the British Museum to obtain a conditional agreement providing for the return of the marbles to their homeland on the basis of a long-term loan, thus allowing the British Museum to remain the official custodian of the artifacts. Greece rejected this loan proposal and any acknowledgement of British ownership. The Greek Minister of Culture was recorded saying the following: “we repeat, once again, our country’s firm position that it does not recognize the British Museum’s jurisdiction, possession, and ownership of the sculptures, as they are the product of theft” (3). 

The long-running dispute over the Elgin Marbles exemplifies the complex intersection of international law and cultural restitution. As nations grapple with differing legal frameworks and ownership claims, resolving such global issues becomes more difficult, especially when one country refuses to recognize another's jurisdiction and ownership rights. 

The resolution of these global issues becomes even more complex when internal disputes arise within the very institutions committed to the preservation of cultural heritage. This year news broke out that Peter Higgs, British Museum’s chief curator of Greek and Roman antiquities, is suspected of having stolen almost 2,000 archaeological objects over the past two decades in order to sell them on eBay. Among these objects were gold jewelry, semi-precious stones, and glass dating from the 5th century BC to 19th century AD. 

Art dealer Dr Gradel first alerted the deputy director of the British Museum, Jonathan Williams, in 2021 by pointing out Higgs’ conduct after discovering a Roman cameo fragment for sale online (an object that was previously listed on the museum's collections webpage). He then sent several emails to various British Museum executives and board deputies who initially denied that there was any evidence supporting such accusation, despite claiming later on that investigations were immediately opened. Dr Gradel accused them of “sweeping the issue under the carpet” (4) and claims to have been treated like a “village idiot” (5). To support his case, Gradel assembled a file listing items purportedly sold by Peter Higgs and contacted the Met police (6), who released the following statement: “it is our priority to recover stolen items...invest in security and collection records... ensure this never happens again” (7). However no arrests have been made so far despite roughly millions of pounds’ worth of objects still missing, and it is unlikely that they will ever be recovered. This is because typically in cases involving jewelry theft, the metal is melted down and recut shortly after the event meaning that the items in their original form are probably no longer in circulation. Despite these allegations, Higgs denies any involvement in this scheme while Williams has repeatedly stressed that the “collection is protected” (8). Following the scandal becoming public, British Museum Director Hartwig Fischer has decided to step down, admitting that the response of the museum, given the severity of the situation, was not as comprehensive as it should have been. 

This incident is now used as a solid counterargument when contesting the British Museum’s reliability and legitimacy as the safest repository for world’s culture. The issues raised by Dr Gradel have shone a light on the museum’s poor indexing of its collections; an accurate and thorough database would have made these ongoing thefts very difficult, if not impossible. These events are in turn acting as a catalyst and strengthening renewed calls from the governments of Greece and Nigeria for the restitution of what they claim is rightfully theirs. The international archaeological community has also taken part to this legal battle on the sides of Greece and Nigeria and has been very prompt in expressing their outrage, particularly in relation to the Elgin Marbles. Despina Koutsoumba - head of the Association of Greek Archeologists - has in fact accused the British Museum of carelessness (9), to which the museum has reacted by calling this a claim of “blatant opportunism” (10). 

It should be noted that - although the British Museum must bear the brunt of this blame - this case highlights a fundamental and large-scale problem of the UK’s approach to art crime and conservation of heritage. According to Christoper Marinello of Art Recovery International (11): “in London there are two police officers working on art and heritage crime as opposed to 300 across the whole of Italy” (12). In fact, article 9 of Italy’s 1948 Republican Constitution states “the republic promotes the development of culture, and scientific and technical research. It safeguards the natural landscape and the historical and artistic heritage of the nation” (13). 

There is a much wider issue at stake that stretches from museum boundaries to the UK government. The case of the British Museum reveals the extent of general British negligence towards cultural conservation. Ultimately responsibility lies with the government, who continues to delay discussions and agreements regarding the restitution of the Elgin marbles: Prime Minister Rishi Sunak’s recent abrupt cancellation of his meeting with Greek PM Kyriakos Mitsotakis reflects negatively on the UK as it demonstrates the country’s lack of interest in resolving cultural matters and threatens to damage longstanding ties of friendship. 

Fifty years after the passing of the British Museum Act, the Museum is not only due for a change of ethos in regard to databases and collection care, but also for legislative change at large. The Peter Higgs controversy has increased negative discourse and backlash against the British Museum. This raises the question of whether the museum’s resistance to any sort of repatriation might be motivated by reasons other than simple legislation, namely what would be the overall cultural repercussions of returning even one of their contested objects? The official restitution of culturally contested objects by the Museum would make historic headlines around the art world, setting a stronger precedent for other governments and states to demand repatriation of their artifacts. In the Museum’s defense, opening these floodgates would put such a respected British institution in a precarious position, undermining its authority as a leading cultural organization for the preservation of global treasures. It is true that most of the museum’s objects aren’t of British heritage but imported, looted and acquired either legally or illegally. This is, however, an accurate reflection of the cultural richness of London and its ever evolving socio-economic demographic. Inevitably, the debate surrounding restitution which has recently been rekindled is set to remain at the forefront of the public domain for some time to come.

Authors:

Nini Mirianashvili
Zoe Storey
Francesca Mungo


(1) The British Museum's position https://www.britishmuseum.org/about-us/british-museum story/contested-objects-collection/benin-bronzes
(2) The British Museum. (1963). British Museum Act 1963. https://www.legislation.gov.uk/ukpga/1963/24
(3) Policy Exchange. (2023, March 22). The Elgin Marbles - Policy Exchange. https://policyexchange.org.uk/publication/the-elgin-marbles/
(4) British Museum Director says extent of missing items was not revealed in 2021. (2023, August 23). The Guardian.
(5) Ittai Gradel: British Museum 'held back' key theft evidence. (2023, August 23). The Telegraph.
(6) The Metropolitan Police is the UK’s largest police service operating in England and Wales, committed to the protection of its citizens through Frontline Policing and Specialist Operations
(7) British Museum curator of Greek and Roman art allegedly stole artifacts. (2023). Artnet News. 

(8) Ibid
(9) Ibid
(10) Ibid
(11) Organization based in Italy, the UK and the US devoted to the location and recovery of stolen and looted artworks
(12) British Museum employee sacked over missing items was senior curator. (2023, August 17). The Guardian.
(13) European Commission. "Italy: General Context." Youth Wiki.


Works Cited:

British Museum curator of Greek and Roman art allegedly stole artifacts. (2023). Artnet News.
https://www.artnews.com/art-news/news/british-museum-staffer-fired-stolen-items-veteran-curator-peter-higgs-1234677248/

British Museum Director says extent of missing items was not revealed in 2021. (2023, August 23). The Guardian.
https://www.theguardian.com/culture/2023/aug/23/british-museum-director-says-extent-of-missing-items-was-not-revealed-in-2021

British Museum employee sacked over missing items was senior curator. (2023, August 17). The Guardian.
https://www.theguardian.com/culture/2023/aug/17/british-museum-employee-sacked-over-missing-items-was-senior-curator

European Commission. "Italy: General Context." Youth Wiki.
https://national-policies.eacea.ec.europa.eu/youthwiki/chapters/italy/81-general-context

Ittai Gradel: British Museum 'held back' key theft evidence. (2023, August 23). The Telegraph.
https://www.telegraph.co.uk/news/2023/08/23/ittai-gradel-british-museum-theft-evidence/

The British Museum. (1963). British Museum Act 1963. 

https://www.legislation.gov.uk/ukpga/1963/24

Policy Exchange. (2023, March 22). The Elgin Marbles - Policy Exchange. https://policyexchange.org.uk/publication/the-elgin-marbles/