1 00:00:00,490 --> 00:00:03,490 The museum's code of ethics is, above all, 2 00:00:03,490 --> 00:00:12,850 intended to help museum professionals to resolve operational and management problems that they face day in, day out. 3 00:00:13,240 --> 00:00:25,600 I'm quoting from their introduction, which is to say that it is essentially a practical rather than a rigorously, philosophically based code. 4 00:00:27,940 --> 00:00:39,190 As an example of what seems to me somewhat loose drafting, I might cite, for example, paragraphs 711, which I have passed. 5 00:00:39,370 --> 00:00:46,090 There is a copy in the audience somewhere, so sort of possum around when you've had a had a brief look at it. 6 00:00:48,770 --> 00:00:58,310 Paragraph 711, for example, calls on museums to uphold and comply with conditions set by benefactors and accepted by the museum. 7 00:00:58,970 --> 00:01:08,990 Unless changed, circumstances mean that conditions need to be reconsidered in the light of what is generally held to be in the public interest. 8 00:01:12,750 --> 00:01:23,040 It seems to me that that leaves quite a lot of leeway and it also leaves a great deal of matter for potential discussion, 9 00:01:23,310 --> 00:01:26,280 particularly about the nature of the public interest. 10 00:01:27,980 --> 00:01:37,410 And so it seems that we're although it's called a code of ethics, we are actually looking at a code of practice. 11 00:01:39,270 --> 00:01:50,820 And as I will go on to argue, it seems to me that this is not the only time when the when the use of words is. 12 00:01:53,960 --> 00:02:04,900 A little bit loose. The code actually says at one point quite explicitly the spirit of the code is as important as the letter. 13 00:02:07,490 --> 00:02:13,040 And again, I imagine that lawyers, philosophers can have a lot of fun with that. 14 00:02:16,250 --> 00:02:23,390 This is not to say that the that the code is it is without considerable use for museum professionals. 15 00:02:25,070 --> 00:02:33,440 One particularly important tip, which I would invoke now, is that we are encouraged to museum staff, 16 00:02:33,440 --> 00:02:39,470 are encouraged to avoid being seen as representing the museum if speaking personally. 17 00:02:40,550 --> 00:02:44,890 And that is advice which I take very much to heart and put into practice. 18 00:02:44,920 --> 00:02:55,070 Now it's important to distinguish my personal opinions from those of the Ashmolean or indeed from those at the University of Oxford. 19 00:02:56,300 --> 00:03:01,460 So what I am saying comes with no, no authority, whatever. 20 00:03:03,350 --> 00:03:13,060 These are merely the random. The random thoughts of an ageing museum curator. 21 00:03:17,470 --> 00:03:24,880 Now, while I point out some of the problems, which it seems to me relate to this Museums Association code, 22 00:03:26,860 --> 00:03:36,490 it's important for me to emphasise that the Ashmolean, like all United Kingdom museums, obeys this code with the utmost care. 23 00:03:37,600 --> 00:03:41,350 For reasons which will become. Which will become apparent. 24 00:03:42,950 --> 00:03:45,890 And mostly I agree wholeheartedly with the code, 25 00:03:46,970 --> 00:03:55,070 though I have to say that others may disagree with elements which are not necessarily the elements that I am inclined to take issue with. 26 00:03:56,750 --> 00:03:57,739 For example, 27 00:03:57,740 --> 00:04:09,140 there is an injunction in the code which calls on us to develop and promote the museum to appeal to an ever broader and more varied audience. 28 00:04:10,220 --> 00:04:20,600 Now, this is something I agree with completely. It's very much one of the drivers of the recent redevelopment of the of the ASHMOLEAN. 29 00:04:21,950 --> 00:04:26,870 But I have to say, in the course of the redevelopment of the ASHMOLEAN and subsequently, 30 00:04:28,160 --> 00:04:38,900 it has been made painfully obvious to us that there are various people within the University who are deeply distressed 31 00:04:39,830 --> 00:04:47,660 that the ASHMOLEAN should open its doors and arrange its displays with a view to attracting a wider audience. 32 00:04:48,230 --> 00:05:00,260 They would much rather that we concentrated our displays and all our efforts on serving the needs of the university's teachers and students. 33 00:05:01,780 --> 00:05:03,640 And there's a clear conflict here. 34 00:05:05,160 --> 00:05:13,650 I believe that it's a conflict which the museum has been able to resolve because we take the view that in the galleries, 35 00:05:14,250 --> 00:05:27,060 in the main areas of display, we are very definitely attempting to broaden our appeal and reach an ever wider and more varied audience. 36 00:05:28,020 --> 00:05:35,760 However, in the study rooms, which are in the new building arranged next door to the to the stores. 37 00:05:37,680 --> 00:05:47,399 These are available for the university's staff, teachers and students and indeed to members of the general public on application. 38 00:05:47,400 --> 00:05:57,240 So you have only the university staff have only to mention to us that they would like to bring a class in to look at a particular series of objects. 39 00:05:57,660 --> 00:06:01,760 And not only do they get to. Examined them much more closely. 40 00:06:01,760 --> 00:06:04,549 They can handle alone. They can pick them up, they can pass them around, 41 00:06:04,550 --> 00:06:11,780 they can talk about them and they can ask for specifically what they want rather than having to rely on what happens to be on display. 42 00:06:12,080 --> 00:06:17,209 So my own feeling is that this is a very successful way of squaring this particular 43 00:06:17,210 --> 00:06:24,230 circle of dealing with this this potential conflict between the requirements of the. 44 00:06:25,170 --> 00:06:34,320 The University and the possible wishes of a much larger audience. 45 00:06:35,700 --> 00:06:40,950 And so far, I'm happy to say that we do seem to be attracting a much larger audience than we've ever had before. 46 00:06:41,640 --> 00:06:46,590 Partly, of course, I'm sure this is about publicity. It's been in the news and so people are aware of it. 47 00:06:47,370 --> 00:06:54,330 But I'm also confident that more people are coming back on repeat visits because they enjoyed their previous visits. 48 00:06:54,690 --> 00:06:55,740 That used to be the case. 49 00:06:57,600 --> 00:07:09,030 As I say, this particular policy is very much in line with the museum's code of ethics as the one that I have circulated to you, 50 00:07:09,900 --> 00:07:17,309 and I think I probably haven't explained which I should have done that this code of ethics is produced by the Museums Association, 51 00:07:17,310 --> 00:07:23,340 which is the professional body which the government now I never used to, 52 00:07:23,340 --> 00:07:31,320 but the government does use to govern and to govern the profession as a whole. 53 00:07:31,890 --> 00:07:38,400 So it comes with a fair degree of authority. And in this particular case, I'm very happy with what it says. 54 00:07:39,180 --> 00:07:47,170 I'm not entirely sure that every professor in the university is. However. 55 00:07:50,340 --> 00:07:57,750 The code also requires me to promote this code of ethics for museums. 56 00:07:58,830 --> 00:08:08,040 Apparently, even when I disagree with it, I'm obliged by the code, on the other hand, to promote diversity of views and interpretation of objects. 57 00:08:09,480 --> 00:08:14,490 But it would seem I am not obliged to promote diversity of views in interpreting the code. 58 00:08:16,440 --> 00:08:26,190 There is clearly a degree of inconsistency here, which I don't think is likely to trouble Miele or anybody else. 59 00:08:26,190 --> 00:08:30,090 But it's worth noting in passing. 60 00:08:31,200 --> 00:08:37,920 And certainly anybody, I think working in a in a museum would hesitate in a university, 61 00:08:38,340 --> 00:08:45,510 and a university would hesitate to accept an obligation to promote views that they disagree with. 62 00:08:47,430 --> 00:09:00,600 Nonetheless, it seems that's what we are required to do by the Museums Association Code and by extension by the British Government and indeed any. 63 00:09:00,600 --> 00:09:14,400 A number of central and central government funds which the museum receives are dependent on our signing up to the Museums Association Code of Ethics. 64 00:09:16,180 --> 00:09:19,840 Which includes the requirement to promote that code. 65 00:09:21,160 --> 00:09:22,330 I like to think. 66 00:09:23,740 --> 00:09:38,320 You'll have to tell me if I can get away with this, that I am indeed promoting the code by inviting a more detailed examination and discussion of it. 67 00:09:39,660 --> 00:09:41,830 Can I get away with it? Well, we'll see. 68 00:09:45,020 --> 00:09:57,020 In short, I have very little doubt that a lawyer or indeed a philosopher would rip the code of ethics from museums to shreds in pretty short order. 69 00:10:00,250 --> 00:10:08,620 But it does try to be a practical guide to museum staff and to governing bodies through various potential minefields. 70 00:10:08,620 --> 00:10:16,870 And these are these are many. And there is a real need for guidance and advice of a general sort, 71 00:10:16,870 --> 00:10:25,210 which which addresses some of the more recurrent problems that have sale museums today. 72 00:10:26,320 --> 00:10:34,360 There's a huge amount in the code, which I think is good, practical and sensible, and my museum and all others in Britain have to follow it anyway. 73 00:10:39,130 --> 00:10:45,070 Many funding streams depend on it and and we accept it as such. 74 00:10:46,990 --> 00:10:52,360 It's probably fair to say that there are three. 75 00:10:53,550 --> 00:11:01,140 Big issues which which which come up fairly often. One of them concerns the disposal of collections. 76 00:11:04,320 --> 00:11:16,650 This is a this is a painting by Alfred Munnings called After the Race, which I believe is still part of the collection in the Southampton Art Gallery. 77 00:11:19,110 --> 00:11:25,889 But Southampton have expressed an interest in selling this painting and one or two 78 00:11:25,890 --> 00:11:39,210 others in order to fund a £5 million shortfall for the planned Titanic centre. 79 00:11:39,240 --> 00:11:42,990 Well, I think it's called the Museum of the Sea, or I forget the exact details. 80 00:11:43,170 --> 00:11:46,420 I also am ashamed to say I forget to. 81 00:11:46,620 --> 00:11:54,330 I haven't been able to ascertain exactly what the position is about this proposal. 82 00:11:55,140 --> 00:11:57,660 I do know that under the museum's code, 83 00:11:57,660 --> 00:12:10,290 it's necessary for any museum intending to dispose of its collections in this way to seek the approval of the Museums Association Ethics Committee, 84 00:12:11,100 --> 00:12:15,450 who will look at this and test it against any proposals of this sort? 85 00:12:15,450 --> 00:12:24,750 Against a number of criteria. For example, the code. 86 00:12:27,230 --> 00:12:34,610 Encourages people. What? It enjoins people to refuse to undertake disposal, principally for financial reasons, 87 00:12:35,480 --> 00:12:45,230 except for what they describe as the long term public benefit which may be derived from the remaining collections. 88 00:12:48,260 --> 00:12:58,900 And there are other various categories of. Which which the that which the Ethics Committee has called upon to look at in this in this context. 89 00:12:59,500 --> 00:13:05,290 I have to say, when this was being discussed in at the Museums Association annual conference, 90 00:13:06,940 --> 00:13:16,960 the Oxford University Museums opposed the change to the rules that would allow the disposal of collections in this way. 91 00:13:19,030 --> 00:13:22,390 We took the view that. 92 00:13:23,550 --> 00:13:27,000 Looking at past experience, it's almost always. 93 00:13:28,230 --> 00:13:31,890 Better not to dispose of items. 94 00:13:33,240 --> 00:13:41,880 There are worrying examples in the past when indeed Oxford museums and many others have disposed of 95 00:13:42,810 --> 00:13:50,010 items but looked in retrospect at the matter and regretted that they did part with various things. 96 00:13:50,280 --> 00:13:57,780 Sometimes they got the understanding of the objects wrong and didn't really know what they were, what they were surrendering. 97 00:13:58,830 --> 00:14:05,320 There's also a particular concern that if you released your bill, 98 00:14:05,370 --> 00:14:10,170 if you sell your collections, let's beat around the bush here to sell your collections. 99 00:14:11,430 --> 00:14:20,580 This is highly likely to undermine the confidence of donors past, present and future, not unnaturally. 100 00:14:20,940 --> 00:14:26,250 If I was thinking about giving something to a museum and I knew that that museum had. 101 00:14:27,980 --> 00:14:37,390 In the past. Sold items from its collection, which it had lost interest in, in order to fund some new development. 102 00:14:39,670 --> 00:14:46,390 I might be inclined to think again, and that was certainly the line that the Oxford Museums took in opposing this change to the rules. 103 00:14:48,550 --> 00:14:53,470 On the whole, it's probably fair to say that we didn't oppose it with any very great energy, 104 00:14:54,370 --> 00:14:58,150 not least because there's no requirement to sell your collections. 105 00:14:58,480 --> 00:15:06,820 You don't have to do it. And so the change in the rules was was notional in some sense. 106 00:15:07,390 --> 00:15:13,390 And it was a perfectly simple matter for those museums who didn't approve of it. 107 00:15:14,140 --> 00:15:25,290 Not to not to do it. But I do think that there's a very real concern that opening the door to the disposal of collections in 108 00:15:25,290 --> 00:15:34,020 this way leaves collections at the mercy of penurious local authorities or even hard pressed universities. 109 00:15:35,460 --> 00:15:41,550 It's not very many years ago since Royal Holloway sold some paintings. 110 00:15:43,650 --> 00:15:48,120 Now, in that case, of course, they were held not by a museum, but by the college itself. 111 00:15:49,070 --> 00:15:58,130 And it was perhaps arguable on their part that the ownership of these paintings was not part of their core vision. 112 00:16:00,500 --> 00:16:03,770 However, that is an argument which disturbs. 113 00:16:08,860 --> 00:16:12,340 Museum staff within universities, 114 00:16:13,030 --> 00:16:19,389 because the same could be said of the whole of all our museums that they are not part of the core mission of the university, 115 00:16:19,390 --> 00:16:29,140 which is which is teaching research. Even though all the universities, museums are energetic in the teaching and the research which they conduct. 116 00:16:31,060 --> 00:16:39,190 So the argument that it's not part of the core mission is one that that I am not hugely comfortable with. 117 00:16:47,020 --> 00:16:49,600 There is another element in this particular topic. 118 00:16:51,560 --> 00:17:03,560 Which is summed up in the end in their expression, Too Much stuff, which was chosen as the title of a review carried out and, 119 00:17:03,560 --> 00:17:15,230 and and led actually by the director of the Vienna shortly to become master of St Cross College here in Oxford in the autumn. 120 00:17:15,570 --> 00:17:32,030 That's the same Mark James. He produced a report which recognised the very real difficulties which storage and care of collections present. 121 00:17:33,440 --> 00:17:39,889 And many museums are in a situation effectively of being unable to acquire new material 122 00:17:39,890 --> 00:17:44,720 because they've got nowhere to put it because they have so much existing material. 123 00:17:47,450 --> 00:17:50,690 And this report actually did encourage. 124 00:17:51,230 --> 00:18:00,340 It's called deaccessioning. But generally, I think not in terms of encouraging the sale of collections, 125 00:18:01,180 --> 00:18:10,660 but more more deliberately with a view to sharing collections from museums that had too much stuff, 126 00:18:12,100 --> 00:18:22,150 making their their stores available to other museums, which might be in a position to exhibit some of that material. 127 00:18:22,780 --> 00:18:28,690 Absolutely no doubt that many museums, including the Ashmolean, but of course, particularly the big national museums, 128 00:18:29,140 --> 00:18:39,640 have a huge amount of material which they do not exhibit, which might be welcome as exhibition items in other museums across the country. 129 00:18:42,600 --> 00:18:48,510 It's a very nice idea. It's not easy and it's not cheap. 130 00:18:50,460 --> 00:18:56,790 Lending items is is highly desirable. 131 00:18:57,330 --> 00:19:00,660 Most museums do quite a lot of it, particularly for special exhibitions. 132 00:19:02,190 --> 00:19:10,200 But nobody should imagine that this is that this is easy or straightforward or can be done without very significant expenditure, 133 00:19:10,200 --> 00:19:12,569 because those are bit to do. 134 00:19:12,570 --> 00:19:27,830 The thing properly requires all sorts of insurance and and top quality art removal companies and a whole load of additional paraphernalia. 135 00:19:27,840 --> 00:19:32,130 So it's, it's, it's not that easy, but it's a good idea. 136 00:19:32,880 --> 00:19:39,630 It's a good idea when it can be when it can be achieved. So much for the disposal of collections. 137 00:19:41,750 --> 00:19:52,190 Another big topic, which again I shall deal with relatively briefly concerns the much vexed matter of human remains. 138 00:19:54,910 --> 00:20:05,720 Now. I have, generally speaking, when the question of human remains is is is brought up. 139 00:20:06,530 --> 00:20:10,100 My ethical response is to ask Michael O'Hanlon. 140 00:20:11,390 --> 00:20:24,469 He's the university's nominated tsar, I suppose, in the matter of human events and on the whole, 141 00:20:24,470 --> 00:20:29,180 in this as actually in almost anything, I do what Mike says now. 142 00:20:32,750 --> 00:20:36,170 There are there are very, very serious and difficult issues here. 143 00:20:36,530 --> 00:20:51,320 Some of the problems that arise actually have come as and looked for consequences of legislation which was brought in in the aftermath 144 00:20:51,470 --> 00:21:00,950 of the discovery of the use of human remains in hospitals without permission of some of the families of the people concerned. 145 00:21:01,400 --> 00:21:09,860 You may recall some years ago it was discovered the body parts were being kept for research in itself, a highly laudable idea. 146 00:21:10,880 --> 00:21:16,040 But this was done in some cases without the permission of the of the families concerned. 147 00:21:16,940 --> 00:21:20,540 And that caused a great deal of grave disquiet. 148 00:21:23,370 --> 00:21:30,930 As a consequence of that, a regime of of a demanding regime of licensing was introduced. 149 00:21:31,770 --> 00:21:44,130 And I think when this was introduced, it wasn't really recognised at first that these these laws would also bear on human remains kept in museums. 150 00:21:46,080 --> 00:21:54,390 Often, of course, because the human remains are centres in the dead of millennia old, it's less difficult. 151 00:21:54,810 --> 00:22:03,060 But the topic remains extremely sensitive and there are key questions concerning respect for 152 00:22:03,060 --> 00:22:10,260 the dead and respect for surviving communities who wish to safeguard their ancestors remains. 153 00:22:12,780 --> 00:22:24,710 And of course, you'll be aware that there are many communities one thinks of marriages and many, 154 00:22:24,930 --> 00:22:36,470 many other communities who have real issues and seek repatriation for, 155 00:22:36,960 --> 00:22:45,690 um, for human remains, which have been kept in museums in this way and indeed, in some cases, displays in museums in this way. 156 00:22:47,580 --> 00:22:57,910 Um. So repatriation is is a serious topic which arises and which which grows out of this. 157 00:22:58,150 --> 00:23:02,830 Now, as I say, I'm not I'm not in any sense an expert on the topic of human remains. 158 00:23:03,370 --> 00:23:07,809 But I think it's important possibly just to flag this up as one of the particularly 159 00:23:07,810 --> 00:23:12,850 sensitive issues which we have to which we have to deal with at the moment. 160 00:23:13,660 --> 00:23:19,000 Like many people who aren't experts, I sort of Googled it this afternoon, actually. 161 00:23:21,040 --> 00:23:34,299 And I have to say, I was I was appalled to discover that along the right hand side of the top of the computer screen came up the injunction, 162 00:23:34,300 --> 00:23:37,810 human, human ashes on eBay for less. 163 00:23:38,050 --> 00:23:42,610 It offered. I was I was so disconcerted I didn't actually click it. 164 00:23:42,620 --> 00:23:51,820 I thought, hang on. You know, but it's it's an illustration of, uh, 165 00:23:52,360 --> 00:23:58,930 of of of the world where we're concerned with repatriation, of course, is a huge topic in its own right. 166 00:23:59,410 --> 00:24:07,810 And that brings us on more to the the main topic and where I'm going to spend most of the rest of my of my time. 167 00:24:09,740 --> 00:24:12,860 Which concerns the handling and the treatment. 168 00:24:14,400 --> 00:24:22,370 Indeed, often the acquisition of other nations cultural patrimony. 169 00:24:26,380 --> 00:24:34,540 Now this is a huge topic. Said that if you Google if you Google illicit trade on the right hand side, 170 00:24:34,540 --> 00:24:46,070 you can also discover marital affair dating as a as an invitation which again I have to say I didn't click off. 171 00:24:46,660 --> 00:24:50,350 But you do have to be careful with careful with Google. 172 00:24:52,390 --> 00:24:57,969 And this, of course, was no doubt triggered by the word illicit, which is an interesting word, 173 00:24:57,970 --> 00:25:01,810 which I will come to in the course of in the course of this discussion. 174 00:25:02,890 --> 00:25:12,910 There is there's a real problem about the rubbing of archaeological sites, fuelling a trade in antiquities, 175 00:25:15,250 --> 00:25:22,360 which is deeply regretted and much criticised and indeed outlawed by the Museums Association Code. 176 00:25:22,600 --> 00:25:35,589 And I will look at this in a bit more detail, and we would all, I think, have enormous sympathy with less developed, 177 00:25:35,590 --> 00:25:47,500 less wealthy countries who see their assets being stripped of their cultural assets being stripped by wealthy nations or individuals. 178 00:25:48,790 --> 00:25:56,740 And there are many high profile scandals. This is a this is a book which I have to say I have read. 179 00:25:57,250 --> 00:26:08,410 But essentially, it's all about this particular topic relating to some material acquired as they argue improperly by the Getty Museum. 180 00:26:10,000 --> 00:26:14,410 And it used to be the case that American museums were much more. 181 00:26:16,340 --> 00:26:21,860 I'm concerned about these issues of of ethical acquisition. 182 00:26:23,660 --> 00:26:37,340 In truth, of course, museums in Britain and in Europe at large use not to give this much thought, but certainly in Britain and Europe. 183 00:26:39,140 --> 00:26:44,690 In the 1990s and more recently in America as well. 184 00:26:44,930 --> 00:26:58,850 There is a strong tide of concern about the inappropriate acquisition of other country's cultural patrimony. 185 00:27:02,180 --> 00:27:13,450 Now. In Cambridge, McDonald Institute, and particularly Colin Renfrew, have led a vigorous campaign. 186 00:27:14,690 --> 00:27:29,030 With considerable success using rent, foods, political influence to put a stop to this to this trade in other people's cultural belongings. 187 00:27:29,330 --> 00:27:31,860 There's a book I pass it around. This is part of the fun. 188 00:27:34,210 --> 00:27:53,950 One argument setting out the problem the difficulties with numerous examples of improper acquisition of of of archaeological material. 189 00:28:00,130 --> 00:28:05,650 Now the Museums Association Code tries to guide museum staff through this particular minefield. 190 00:28:07,910 --> 00:28:14,710 And most of it, if you happen to be the one with the the person who's got the code in front of you now, most of it is to be found in Section five. 191 00:28:15,490 --> 00:28:21,270 But I think there's another separate book, which is just about acquisitions, and then there's another book which is about something else as well. 192 00:28:21,280 --> 00:28:27,100 But anyway, Section five is concerned with acquisitions. 193 00:28:27,850 --> 00:28:40,120 And broadly speaking, it requires everybody to reject items of dubious provenance for it being here that if you have a clear provenance, 194 00:28:40,120 --> 00:28:52,420 if you know where something's come from, it's very easy to ascertain whether it has been illegally excavated or indeed stolen from 195 00:28:53,280 --> 00:28:59,080 its owners or whether it has been illegally exported from from its country of origin. 196 00:29:00,460 --> 00:29:08,260 And museum staff are required to exercise due diligence whenever they contemplate acquiring an item. 197 00:29:10,360 --> 00:29:18,040 And that applies whether they are acquiring an item by gift or as a bequest or as a loan or whether they're buying it. 198 00:29:19,450 --> 00:29:24,360 The code requires you to operate the same the same principles, however it's comes. 199 00:29:24,370 --> 00:29:29,830 So it's not just a matter of whether you if you're buying it, you have to operate the same concerns. 200 00:29:30,010 --> 00:29:35,440 If somebody wants to give you something. It's. 201 00:29:39,140 --> 00:29:51,049 The specific mention of items wrongfully taken during a time of conflict and of course, in the recent wars and in Iraq and Afghanistan. 202 00:29:51,050 --> 00:29:54,920 These are, of course, particularly particularly relevant concerns. 203 00:29:58,850 --> 00:30:08,270 There's naturally a requirement to reject items which are believed to be stolen, we're told, reject any item, 204 00:30:08,280 --> 00:30:15,350 if there's any suspicion that has been stolen, unless this is to bring it into the public domain in consultation with the rightful owner. 205 00:30:19,040 --> 00:30:23,060 And we're required to reject items which have been illicitly traded. 206 00:30:25,580 --> 00:30:30,170 We must reject any items about which there is any suspicion that it may have been stolen, 207 00:30:30,170 --> 00:30:34,850 illegally excavated or removed from a monument site or wreck contrary to local 208 00:30:34,850 --> 00:30:40,460 law or otherwise acquired in or expected exported from its country of origin, 209 00:30:41,270 --> 00:30:49,100 including the UK or any intermediate country in violation of that country's laws or any national and international treaties. 210 00:30:52,280 --> 00:30:57,200 We are required to reject any item that lacks a secure ownership history. 211 00:30:59,860 --> 00:31:03,490 Unless it was exported from the country of origin before 1970. 212 00:31:04,980 --> 00:31:09,450 And that date comes from the date of the UNESCO's convention of that of that year. 213 00:31:10,230 --> 00:31:15,840 And the idea is that before 1970, it's too much has already happened. 214 00:31:15,850 --> 00:31:27,900 But in 1970 UNESCO's. Began to draw attention to this issue, and that is the date which is chosen as the cut-off point, if you like, and. 215 00:31:32,000 --> 00:31:37,070 So the the rules are quite, quite stringent. 216 00:31:38,840 --> 00:31:48,800 We're also required to decline to offer any expertise or otherwise assist the current possessor of any item that may have been illicitly obtained, 217 00:31:50,360 --> 00:31:56,450 unless it's to assist law enforcement or to support other organisations in countering illicit activities. 218 00:31:58,310 --> 00:32:02,930 And there are examples of the outstanding success of this, this just general approach. 219 00:32:04,910 --> 00:32:11,750 A wonderful Gandhian Buddha has recently achieved cross-cutting. 220 00:32:14,300 --> 00:32:24,700 Or. This this Gandhian Buddha was was recently. 221 00:32:26,920 --> 00:32:32,380 A quiet. From Japan by a British dealer. 222 00:32:33,460 --> 00:32:41,860 Knowing it. Believing it to be. Stolen from Gandara. 223 00:32:41,860 --> 00:32:54,219 That's the area of support. Essentially, it's Afghanistan. He acquired it from a dealer in Japan and he must have bought it considerable expense, 224 00:32:54,220 --> 00:33:01,810 personal expense to himself by arrangement with the British Museum that it would be displayed in the British Museum, 225 00:33:01,960 --> 00:33:09,550 which, again, the British Museum would not normally have been permitted to to display a stolen item. 226 00:33:12,190 --> 00:33:23,500 But this was all made legitimate by the enormous generosity of the dealer, because the item itself is intended to be returned to to Afghanistan. 227 00:33:28,260 --> 00:33:32,820 Now there are, of course, some problems about. 228 00:33:34,650 --> 00:33:38,340 About Buddhist items in Afghanistan. And I'll come on to those. 229 00:33:38,970 --> 00:33:46,350 Come on to those later. But I wouldn't wish to to diminish. 230 00:33:48,220 --> 00:33:50,650 My admiration for this particular arrangement. 231 00:33:52,960 --> 00:33:59,950 And I would point out the important role played by the British Museum in this and by the dealer who I believe is not mentioned by name. 232 00:33:59,950 --> 00:34:04,420 He must be keeping it anonymous, which again redounds to his credit. 233 00:34:08,650 --> 00:34:12,850 So there are some good stories. There are some good stories of people. 234 00:34:15,210 --> 00:34:31,860 Doing righteous, righteous acts. However, I do have some problems with some aspects of this rather simplistic ban on acquisitions of uncertain origin. 235 00:34:33,530 --> 00:34:39,440 Now, I did actually speak about this at a conference here in Oxford in 2004, and I had forgotten about it. 236 00:34:39,470 --> 00:34:45,550 So I have little doubt that you either were there in 2004 or you've forgotten about it, too. 237 00:34:45,830 --> 00:34:52,940 But it's in this, this, this, this volume together with, um, with a number of other papers. 238 00:34:54,860 --> 00:35:01,939 The conference included people with views as diverse as Neil Brody of the McDonald Institute in Cambridge, 239 00:35:01,940 --> 00:35:09,560 which is very deeply, energetically opposed to the acquisition of what they call illicit objects on the one hand. 240 00:35:10,310 --> 00:35:19,370 There's also a paper there from Jorge Ortiz, who's a distinguished and many people would say notorious collector of antiquities. 241 00:35:21,710 --> 00:35:32,060 And there were a number of other people who who who spoke at this at this at this meeting and published it in the publication, which came out in 2006. 242 00:35:32,330 --> 00:35:38,480 The volume was edited by Al Robson and two of our fellows, Luke Treadwell and Chris. 243 00:35:39,380 --> 00:35:45,020 Now migrated to cable as a result of taking the chair. 244 00:35:46,220 --> 00:35:52,910 But he was a fellow here at the time. Now I apologise in some sense for revisiting such old ground, 245 00:35:52,910 --> 00:36:00,770 but I do so in the belief that some of the and looked for consequences of the campaign against unproven acquisitions. 246 00:36:02,840 --> 00:36:12,260 No more understood now than they were in 2004. So I think I think these concerns deserve another hearing. 247 00:36:12,920 --> 00:36:19,760 There's also a paper which I summarise in this volume by Sir John Boardman, the former. 248 00:36:23,000 --> 00:36:32,930 Lincoln, professor of classical art and archaeology here in Oxford, who is extremely outspoken in his criticism. 249 00:36:33,830 --> 00:36:37,130 Of the Museum Association's current code? 250 00:36:37,220 --> 00:36:46,070 Well, actually, no, to be more precise, actually, he's very critical of Colin Renfrew position identity addresses, the Museums Association code. 251 00:36:46,070 --> 00:36:49,190 But it's, it's it's not Renfrew that she really takes issue with. 252 00:36:51,110 --> 00:36:55,670 I know one of my concerns about what. 253 00:36:56,030 --> 00:37:02,410 For the sake of brevity, I'll call the Renfrew approach. Is that not a bit about the bush? 254 00:37:02,420 --> 00:37:11,900 It does seem to be under led by a hostility towards dealers and collectors and indeed towards anybody, including museums which collect. 255 00:37:13,890 --> 00:37:23,490 And in passing, I might make the slightly catty remark that the Museums Association is dominated by museums which don't actually collect, 256 00:37:24,600 --> 00:37:32,219 especially don't collect items from abroad. There are far more museums that look after purely local and British things in 257 00:37:32,220 --> 00:37:38,920 Britain than museums which which continue to collect from other societies, 258 00:37:38,920 --> 00:37:50,290 from cultures outside Britain. It's also quite interesting that the Museums Association code goes a significant distance beyond. 259 00:37:51,680 --> 00:37:55,280 Where British law. Stops. 260 00:37:56,620 --> 00:38:06,490 There is a UK criminal law of 2003 which deals with what they call tainted cultural property. 261 00:38:08,570 --> 00:38:14,990 It doesn't attempt to cover illegal export from other countries, which the museum's code does include. 262 00:38:16,850 --> 00:38:24,950 And the UK criminal law lays the burden of proof on the prosecution, as you would expect in any legal and legal situation. 263 00:38:25,790 --> 00:38:34,550 But the museums code goes much further. It assumes that any object without a provenance is what they call illicit. 264 00:38:37,710 --> 00:38:46,230 And again, you have the suspicion that some of the archaeologists who most actively endorse the Renfrew position. 265 00:38:47,290 --> 00:38:53,860 I tend to think that an item without a provenance, without a context is useless anyway. 266 00:38:54,310 --> 00:38:57,610 So and in fact there are people who have said that quite clearly. 267 00:38:57,610 --> 00:39:02,050 So they would argue that you're not actually missing much because it hasn't got a provenance is no good to you anyway. 268 00:39:04,990 --> 00:39:19,270 Indeed, there are archaeological bodies that control archaeological journals of considerable importance that reject what is she's got earlier. 269 00:39:23,590 --> 00:39:37,030 So right there of that that reject for publication material without a provenance even though it seems to many of us that actually 270 00:39:37,030 --> 00:39:50,560 putting this material on record would be enormously useful both in order to identify its original source and to combat illegal trade. 271 00:39:52,870 --> 00:39:54,370 I'm quite interested in the word. 272 00:39:54,370 --> 00:40:02,980 And you used the word illicit, which is a regular feature, the Music Isms Association Code and indeed of Lord Renfrew approach. 273 00:40:06,790 --> 00:40:11,710 For me, illicit means illegal. But they don't use this in that sense. 274 00:40:13,630 --> 00:40:25,060 They use it to mean, uh, practices that that they disapprove of sometimes are very good grounds. 275 00:40:25,420 --> 00:40:36,610 But nonetheless, they take, they go beyond material which can be demonstrated to have been to have been acquired or traded illegally. 276 00:40:37,270 --> 00:40:44,890 Because, as I said, the whole museum's code of ethics and approach goes significantly beyond the legal. 277 00:40:45,790 --> 00:40:56,110 Um, and it seems to me that this the use of the word illicit is, is a piece of sleight of hand which needs careful examination. 278 00:40:59,330 --> 00:41:05,660 The code bans the acquisition of objects without provenance on the assumption that they have been stolen. 279 00:41:07,160 --> 00:41:14,300 The law, in contrast, requires proof of there being no presumption of guilt to start with. 280 00:41:15,140 --> 00:41:19,730 So as far as the code is concerned, absence of evidence that it's legal. 281 00:41:20,970 --> 00:41:26,070 Argues that it's illegal. Although actually, to be fair, they don't say that. 282 00:41:26,100 --> 00:41:32,380 They say argues that it's illicit. I think the two words are interchangeable, but there we go. 283 00:41:34,450 --> 00:41:38,220 Whereas, of course, the law does not start with that, with start with that presumption. 284 00:41:39,960 --> 00:41:49,080 And the code also bans objects which may have been illegally exported from other countries which the law, the UK law does not concern itself with. 285 00:41:55,470 --> 00:42:04,320 It's also interesting that the code describes objects as being illicit, and it seems to me that this can only be a practice. 286 00:42:05,700 --> 00:42:10,760 It's only the practice relating to the objects which can be illicit rather than the objects themselves. 287 00:42:10,770 --> 00:42:21,780 But perhaps I'm wrong. To me, this seems a rather loose use of language which George Orwell taught us long ago that we should be quite worried about. 288 00:42:24,630 --> 00:42:28,080 I have gone on time, but hurry up. That's else. 289 00:42:31,240 --> 00:42:36,100 Another of my concerns is that the code drives a wedge between collectors and museums. 290 00:42:38,530 --> 00:42:46,000 Museums frequently have to reject gifts from collectors if. 291 00:42:48,140 --> 00:42:56,480 Even if the collectors items are legally acquired, the museums have to reject them if they are without provenance. 292 00:42:57,210 --> 00:43:02,690 And that, as I say, forces a distinction between museums and collectors. 293 00:43:04,070 --> 00:43:05,870 And if you look at the history of museums, 294 00:43:06,320 --> 00:43:13,700 museums over the centuries have actually benefited enormously from good relations with with collectors who have selflessly, 295 00:43:13,700 --> 00:43:16,010 in many cases, given their collections to museums. 296 00:43:19,160 --> 00:43:29,120 And so museums have to reject not just illegally acquired material, but anything which cannot be proved to be legally acquired. 297 00:43:30,690 --> 00:43:36,750 And in practice, of course, this calls for levels of documentation which in many cases simply didn't exist even 20 years ago. 298 00:43:37,320 --> 00:43:45,750 So there are real problems. There's also a tendency to shun dealers despite the good offices of the the guy who saved this, 299 00:43:46,170 --> 00:43:54,720 who say this this Buddha and Lord Renfrew is, I think he would admit, fundamentally hostile to all trade and all collecting. 300 00:43:55,290 --> 00:43:59,200 Any good collector, he says, is an ex collector and. 301 00:44:02,780 --> 00:44:07,150 And that gives me a bit of a problem because collecting is vital for museums, 302 00:44:08,750 --> 00:44:12,890 as is recognised by the British Government and indeed by the Museums Association. 303 00:44:14,180 --> 00:44:23,299 All museums professionals recognise the danger of the fossilisation of a collection if it doesn't continue to grow, 304 00:44:23,300 --> 00:44:27,380 if new material is not brought in to build, to build our knowledge. 305 00:44:28,660 --> 00:44:32,110 The code also places an enormous reliance on the laws of foreign governments, 306 00:44:32,530 --> 00:44:37,810 and not all of these have shown themselves to be the best guardians of their own cultural heritage of time. 307 00:44:38,740 --> 00:44:49,120 Afghanistan, of course, is the classic case in point. The Museums Association and UNESCO's used to outlaw material coming out of Afghanistan. 308 00:44:49,130 --> 00:44:50,540 You weren't allowed to collect it, though. 309 00:44:50,560 --> 00:44:57,250 Quite a lot used to come out through Pakistan, but who were discouraged from collecting it until the Taliban, 310 00:44:57,250 --> 00:45:02,320 of course, destroyed these these these famous Buddhas out of them. 311 00:45:02,350 --> 00:45:15,860 Yeah. Now. UNESCO's then had a change of heart and began to encourage museums to save Afghan material. 312 00:45:16,490 --> 00:45:23,840 And particularly they wanted to challenge, channel it to a centre which they approved of in in Switzerland. 313 00:45:26,870 --> 00:45:27,710 But as I say, 314 00:45:28,460 --> 00:45:41,330 the British Museum has acted with its own considerable authority and on the generosity of this dealer to do a kind and generous act of this will, 315 00:45:41,330 --> 00:45:47,660 we are told, go back to Afghanistan. I have to say. 316 00:45:49,830 --> 00:45:59,630 Hearing on the radio this morning about plans for the withdrawal of British and American forces and actually whether they should have been in. 317 00:45:59,640 --> 00:46:09,000 There is another matter. But with the prospect of the withdrawal of British and American forces and perhaps a change of regime in Afghanistan, 318 00:46:09,660 --> 00:46:16,110 one wonders if sending them back to Afghanistan is necessarily the best thing for 319 00:46:16,110 --> 00:46:21,210 that particular border and that particular part of Afghanistan's cultural heritage. 320 00:46:24,030 --> 00:46:27,600 These are thorny, thorny matters. Tibet is another example. 321 00:46:29,610 --> 00:46:33,150 The invasion of Tibet was repeatedly condemned by the United Nations. 322 00:46:34,740 --> 00:46:39,780 But UNESCO's and the Museums Station Museum Association Code of Conduct still prohibits 323 00:46:39,780 --> 00:46:46,770 the acquisition of Tibetan material simply because its export is contrary to Chinese law. 324 00:46:47,250 --> 00:46:51,270 China, of course, the current authority in Tibet. 325 00:46:53,370 --> 00:46:57,810 So even though the Tibetan material is liable to to destruction in China, 326 00:46:58,350 --> 00:47:08,850 which is keen to suppress Tibetan nationalism under the law as it stands and under the under the the code of practice as it stands, 327 00:47:09,630 --> 00:47:14,790 museums are discouraged from actually acquiring it, despite the entreaties of the Dalai Lama, 328 00:47:14,790 --> 00:47:20,670 who is desperately keen that museums should collect Tibetan material to save it and preserve it. 329 00:47:22,450 --> 00:47:31,989 Difficult issues. The Renfrew approach bans research on and prevalence material and indeed effectively 330 00:47:31,990 --> 00:47:35,770 stopped the work of Oxford's own research laboratory for art and archaeology, 331 00:47:35,770 --> 00:47:43,330 which used to provide analysis which in many cases distinguish between forgeries and real, real items. 332 00:47:45,370 --> 00:47:54,150 The the the MacDonald Institute was unhappy about this because it seemed in some sense to be supporting the market in genuine items. 333 00:47:57,820 --> 00:48:03,850 It seems I have to say to me that this is an interesting and difficult issue because of course, 334 00:48:04,210 --> 00:48:15,970 it's also a restraint on what I would regard as a perfectly respectable academic and scholarly inquiry. 335 00:48:15,970 --> 00:48:22,510 Is this thing genuine or isn't it? Let's, as I say, it fell foul of of. 336 00:48:24,260 --> 00:48:29,990 Of all Renfrewshire approach, you effectively prevented the Oxford Research Lab from continuing to do this. 337 00:48:36,480 --> 00:48:41,160 So I ought to I ought to press on the move to conclusion. 338 00:48:42,990 --> 00:48:47,370 The one thing I would say my counter through some of these pictures oh that's a nice picture 339 00:48:47,370 --> 00:48:56,010 of the was a Hindu Kush in the valley where they think that the Bamiyan Buddhas were. 340 00:49:01,210 --> 00:49:08,740 Coins are an interesting case as well because these are very good examples of items which have so much information on them and 341 00:49:08,740 --> 00:49:21,040 indeed were originally made and intended for exchange within and beyond the frontiers of the countries of their origin that. 342 00:49:24,680 --> 00:49:36,889 The requirement to secure a provenance for every coin which you acquire creates creates a good 343 00:49:36,890 --> 00:49:42,770 deal of difficulty and does unquestionably involve the loss of a huge amount of information. 344 00:49:45,500 --> 00:49:52,700 Which is actually written on the coin. You know, so much of the of the information about so much of the context of a coin is written on it, 345 00:49:54,260 --> 00:49:57,530 that in many cases that the fact that you don't have a problem, 346 00:49:57,530 --> 00:50:01,819 it doesn't in any sense mean that that it's not an interesting scholarly, scholarly item, 347 00:50:01,820 --> 00:50:08,030 but it is nonetheless one which it's very difficult for people to acquire in museums. 348 00:50:08,120 --> 00:50:15,650 Now, it's not completely impossible because there is a little bit of leeway in the museums code about what they call minor antiquities. 349 00:50:16,730 --> 00:50:23,120 And individual coins are generally spoken of as minor antiquities on the grounds that it's not unreasonable 350 00:50:23,120 --> 00:50:28,070 to think they might have been acquired legitimately and just nobody ever bothered to keep the provenance. 351 00:50:29,390 --> 00:50:38,030 And one of the most notorious cases, of course, concerns this this this treasure, which has been claimed, 352 00:50:38,030 --> 00:50:42,320 interestingly, by Lebanon and Croatia, as well as Hungary, where it probably comes from. 353 00:50:43,610 --> 00:50:50,960 Interesting example of what might be regarded as unethical practice by countries who actually 354 00:50:51,200 --> 00:50:55,670 could not have had any convincing evidence that the treasure came from their territory. 355 00:50:58,130 --> 00:51:01,310 This material has been effectively frozen since the 1980s. 356 00:51:01,790 --> 00:51:06,040 It was perhaps rather unwisely bought by the Marquess of Northampton, I think. 357 00:51:07,010 --> 00:51:12,370 But he's stuck with it now. Nobody can buy it or sell it to museums. 358 00:51:13,030 --> 00:51:17,980 British Museum can't handle it. They can't exhibit it. But it is extraordinarily important. 359 00:51:19,180 --> 00:51:29,290 Like Roman, the late Roman treasure. Now, I will perhaps cut short to give you a chance to make your contribution here. 360 00:51:30,310 --> 00:51:40,510 And I don't want to go on too long, but what I haven't done is actually give you a flavour of the really vigorous opposition to Lord Renfrew position, 361 00:51:40,510 --> 00:51:48,310 which is in the in the volume that I pass around made by Sir John Boardman. 362 00:51:52,250 --> 00:52:00,139 He, interestingly enough, points out I mean, he he says that despite being an archaeologist and being involved in archaeology for 50 years, 363 00:52:00,140 --> 00:52:05,030 he has scant regard for for archaeologists as a profession. 364 00:52:06,380 --> 00:52:21,350 He he says that archaeologists through unpublished excavation have done far more damage to the to our cultural patrimony than to rovers, 365 00:52:22,640 --> 00:52:32,630 as indeed has ordinary agriculture and private and public roadworks and engineering. 366 00:52:33,230 --> 00:52:38,240 So he is he is highly critical of the archaeological establishment. 367 00:52:39,350 --> 00:52:44,270 And and I and I recommend and I recommend it to you. 368 00:52:45,440 --> 00:52:51,920 An unpublished site, he says, is even more of a destroyed site than the Bamiyan Buddhas, since no public record whatsoever is left. 369 00:52:52,520 --> 00:52:58,850 Risk Carpenter famously commented that archaeologists do not always realise that they are burning the pages of history as they read them. 370 00:52:59,930 --> 00:53:01,520 I would just say that over the last 50 years, 371 00:53:01,520 --> 00:53:07,610 far less than 25% of the material and results of professional archaeological excavations have been properly published. 372 00:53:09,380 --> 00:53:15,590 It's some it's it's vigorous stuff. But I think it's worth mentioning again, because that's as far as I'm aware, 373 00:53:15,590 --> 00:53:19,700 it had no effect, whatever, on the museum association code or on government practice. 374 00:53:22,010 --> 00:53:25,490 So I've tried to outline the formal position of the Museums Association. 375 00:53:25,880 --> 00:53:34,190 Some of my worries about it. And finally some of Sir John Foreman's outspoken criticisms. 376 00:53:34,190 --> 00:53:39,950 And I've rather I've cut that short, but it makes things, as I say, interesting. 377 00:53:39,950 --> 00:53:44,739 Reading the code is much more of a code of practice rather than a code of ethics. 378 00:53:44,740 --> 00:53:50,480 And I suspect that real progress might be made if we were able to tighten up the language and the thinking of the code. 379 00:53:51,590 --> 00:53:56,030 But that is a job for specialists in ethics rather than museums or archaeologists. 380 00:53:56,270 --> 00:53:59,210 So over to you. Well, thank you very much indeed.