Trends in Repatriation of Cultural Objects from US Museums

May 15, 2024

By Harper Johnson and Suzanna Neal

Museums in the United States, whether they be federally, state, or privately owned (including those run by universities), are ever-faced with claims that items in their care have incomplete or illicit provenance.^[1] This is reflective of a broader trend among museums in the Western world, which are facing more frequent and stronger calls to repatriate works that were looted during colonial periods or were otherwise unethically obtained.^[2]

This article will cover three recent stories of international repatriation from US museums, all prompted by different events. In early 2024, the Fowler Museum at the University of California, Los Angeles, voluntarily returned several objects from their collection following extensive provenance research. The Virginia Museum of Fine Arts also returned several objects towards the end of 2023, but this repatriation followed an investigation by the Department of Homeland Security and the Manhattan District Attorney’s Office’s Antiquities Trafficking Unit. Lastly, after one of their art dealers was convicted of running an antiquities trafficking network, the Metropolitan Museum of Art also returned several objects in December 2023.

Museum Initiated Repatriation at the Fowler Museum

The Fowler Museum (the “Fowler”) is a free global art and cultural museum at University of California, Los Angeles (“UCLA”) that focuses on highlighting the cultures of past and present Africa, Asia, the Pacific, and the Indigenous Americas.^[3] On February 5th, 2024, the museum permanently and voluntarily returned seven royal objects to the Asante Kingdom in Ghana.^[4] This date marked the 150th anniversary of the looting of four of the objects, which occurred during the 1874 sacking of the Asante city of Kumasi by British colonial troops.^[5] Knowing that these items were taken from their country of origin under duress was crucial to initiating the repatriation. Erica Jones, Senior Curator of African Arts and Manager of Curatorial Affairs, stated that the museum believes it is their “ethical responsibility” to return pieces that are found to have been “violently or coercively taken from their original owners or communities.”^[6] While the Fowler has been a leader in repatriation to Native American tribal communities, this was the museum’s first international repatriation.^[7]

The Fowler had kept the seven royal items in its collection since they received them as a gift in 1965 from the Wellcome Trust, a charitable organization founded by British pharmaceutical magnate Sir Henry Wellcome.^[8] Funding from a Mellon Foundation grant allowed the Fowler’s team to conduct the extensive research necessary to determine the provenance of the Asante pieces.^[9] Ms. Jones and her team determined that the pieces had been removed from the Asante Kingdom as a result of theft and extortion by using documents such as shop and auction records.^[10] Impressively, the team was even able to identify the specific identity of who looted individual items.^[11]

UCLA’s press release announcing the return emphasized that it was voluntary and initiated by the museum.^[12] This distinguishes the Fowler’s recent return from many repatriations undertaken by other US museums. Typically, as you will see in the following examples, repatriation is prompted by demands arising from outside the museums that are found to have acquired stolen items. Hopefully, we will continue to see a shift towards more museum-initiated repatriations and proactive provenance research.

Repatriation Post Government Investigation at the Virginia Museum of Fine Arts

The Virginia Museum of Fine Arts (“VMFA”), an art museum located in Richmond, Virginia, deaccessioned and returned 44 works of ancient art to their countries of origin in December 2023. This included works from Italy, Egypt, and Turkey. One of the works was found to have been stolen from the Museo Civico Acheologico in Bologna, Italy, in 1963. The deaccessioning and return of the items followed an investigation by the Antiquities Trafficking Unit of the Manhattan District Attorney’s Office (the “Unit”) and the Department of Homeland Security (“DHS”), as part of a larger investigation into an “international criminal conspiracy involving antiquities traffickers, smugglers and art dealers.”^[13]

The Unit, formed by Matthew Bogdanos in 2017, conducts extensive criminal investigations into antiquities trafficking networks that make their way into New York.^[14] Their goal is to expose trafficking, investigate stolen works, and repatriate them to their lawful owners or countries.^[15] The Unit has recovered more than 4,600 stolen works from over 30 countries, at a value of more than $410 million.^[16]

The VMFA was praised by members of DHS and the Unit for being “admirably cooperative with the investigation.”^[17] After receiving a summons from the investigators on May 1, 2023, the museum handed over import and export documents, receipts, provenance research, and other documents from the works being investigated.^[18] However, internal communications at the VMFA indicate that museum personnel first became aware of issues with their artifacts in 2009.^[19] A memo from the Ancient Art Curator at the time identified 22 pieces with provenance issues, one of which had been spotted in a photograph of stolen art published by Italian military police, and others that had come from a dealer linked to other repatriated objects.^[20]

In the years following the 2009 memo, thorough investigations by an independent forensic archaeologist indicated that the VMFA might not have a good title for several of their pieces.^[21] The VMFA, including Museum Director Alex Nyerges (now in his 18th year in the office), was aware of this shortcoming.^[22] In a February 9, 2024 statement, VMFA spokesperson Jan Hachette said that the evidence they had seen prior to the 2023 investigation was “not compelling, nor was it proof that the museum should do additional investigating or contact Italian police.”^[23]

However, the evidence presented by the investigators in 2023 irrefutably proved that the works at issue were stolen or looted.^[24] After receiving this evidence, Nyerges acted quickly, writing in internal emails that “full compliance and a timely response is the only path.”^[25] He wrote to the VMFA board after the announcement of the repatriation that “media response will likely be very positive since we have taken the high road of cooperation by doing what is right and necessary.”^[26] The VMFA has since put an indefinite hold on buying ancient artworks.^[27]

Despite museum officials knowing that several works in the museum’s collection had provenance issues, it took evidence from a government investigation for the VMFA to repatriate works. However, it is encouraging that the museum cooperated with the investigation and accepted the findings. In the past, it has been typical for museums to push back against evidence that their works were stolen or looted, so this is a positive step forward. It is also noteworthy that the museum recognized they would receive positive media coverage from the repatriation. This shows that museums are slowly recognizing a shift in public perception toward embracing repatriation and demonstrates the power of this sentiment.

Repatriation Post Criminal Indictment at The Metropolitan Museum of Art

The Metropolitan Museum of Art (“The Met”) is one of the most prominent art museums in the world, located in New York City. In early February, Thailand’s Minister of Culture, Sermsak Pongpanit, announced that their Fine Arts Department is working with The Met on the repatriation of two Thai artifacts made between the 9^th and 14^th centuries.^[28] The works, “Golden Boy,” a statue of the Hindu deity Shiva, and an unnamed sculpture of a kneeling female figure with arms raised above the head, will be returned to Thailand in May.^[29] According to The Nation, The Met is assuming responsibility for repatriation expenses and will hold ceremonies in the US and in Thailand at Bangkok National Museum.^[30]

Two months prior, The Met announced in a press release that they initiated this repatriation and would return a total of 16 Khmer Sculptures to Cambodia and Thailand.^[31] This includes all pieces associated with Douglas Latchford, who was indicted in 2019 for orchestrating an antiquity trafficking system in Southeast Asia.^[32] Latchford died shortly after his indictment and subsequently, The Met announced that they learned about new information, unknown to the public, that “made it clear” repatriation should occur.^[33]

Official Policies on Museum Ethics

Each of these stories represents a happy ending for the communities that are now able to reclaim parts of their heritage. This has not always been the norm in the US museum community, as institutions previously tended to push back against calls for repatriation and aggressively pursue acquisition of goods.^[34] Are these stories anomalies or the result of permanent changes in museum ethics?

Several organizations, in the US and globally, provide guidelines on museum governance, and establish codes of ethics that they expect their members to follow. The American Alliance of Museums (“AAM”), the Association of Art Museum Directors (“AAMD”), and the Association of Academic Museums and Galleries (“AAMG”) are a few of the major museum organizations in the US. What standards are these groups holding their members to?

As a body representing the entire museum field, beyond just art museums, AAM has a membership of over 35,000 museums and museum professionals.^[35] Although AAM’s code of ethics was last amended in 2000, over 20 years ago, it sets a high standard for its members. The code specifies:

“As nonprofit institutions, museums comply with applicable local, state, and federal laws and international conventions… But legal standards are a minimum. Museums and those responsible for them must do more than avoid legal liability… They must act not only legally but also ethically.

Thus, the museum ensures that… collections in its custody are lawfully held, protected, secure, unencumbered, cared for and preserved… competing claims of ownership that may be asserted in connection with objects in its custody should be handled openly, seriously, responsively and with respect for the dignity of all parties involved.”^[36]

AAMG, which governs museums and galleries associated with academic institutions, like the Fowler which is associated with UCLA, doesn’t explicitly mention repatriation in their code of ethics. The most recent code, which was adopted in November 2021, states: “We recognize, however, that the museum field is constantly changing, responding to demands for more just and equitable practices at our institutions. AAMG commits to continuous learning and challenging best practices that may be premised on and reinscribe inequitable structures.”^[37]

This standard, although vague, appears to be well intentioned and encourage repatriation of cultural items. AAMD, which governs museum directors in the US, set a more clear standard, at least for acquisition of goods, in their code of ethics, although it has not been amended since 2011. The current directors of both the VMFA and the Met are members of AAMD. The code states: “A museum director should not knowingly acquire or allow to be recommended for acquisition any object that has been stolen, removed in contravention of treaties or international conventions to which the United States is a signatory, or illegally imported in the United States.”^[38] The group has also published guidelines for professional practices (2011), guidance on art from colonized areas (2022), guidelines on the acquisition of archaeological material and ancient art (2013), and other materials which address specific steps directors should take when acquiring certain kinds of objects.

Conclusion

Repatriation comes in many forms. It can be voluntary or forced, but often follows yearslong disputes over rightful ownership. Museums frequently desire to hold onto pieces they may have had in their collections for decades. Museums may have acquired disputed works in good faith, but a possessor of the work several steps back could have stolen the item or been using unfair leverage to purchase or negotiate with previous owners.^[39] However, as seen with the Fowler Museum, provenance research can lead to new information about how works were obtained, and raise ethical obligations to return them.

Museums have found a way to compromise with temporary repatriations. In November of 2021, The Met repatriated three Benin Bronzes to Nigeria and signed a formal agreement with Nigerian officials to collaborate on further loans and exchanges.^[40] Loan agreements like this one may be created to acknowledge another country’s rightful ownership but allow time for the country of origin to establish a museum suitable for the works. They also allow reluctant museums to maintain a measure of control over their controversial items.

These three examples of recent international repatriation from US museums demonstrate the changing public expectations and institutional ethics standards for American museum governance, whether explicit or implied. International repatriation requires significant effort from the parties involved. From conducting detailed provenance research to coordinating with potential rightful owners and handling the logistics of transferring often fragile items, the process is often complex and time-consuming. However, this work is extremely valuable and leads to amazing results. Communities can continue celebrating their heritage and gain access to important historical pieces. Museums cannot change past wrongdoings, but they can change how we interact with cultural heritage today.

Resources & Suggested Readings:

• Megan Bill, WYWH: “Art Law Colloquium: Provenance Research & the Law” with Megan Bill, Center for Art Law (Feb. 7, 2024).
• Matthew Bogdanos, Interview with Matthew Bogdanos about the Antiquities Trafficking Unit, Center for Art Law (Oct. 22, 2023).
• Alec Lesseliers, Repatriation of the Benin Bronzes: an Ethical and Legal Discussion?
• Center for Art Law (June 19, 2023).
• Object Registry, AAMD Object Registry, Association of Art Museum Directors (2024).
• Red Lists Database, ICOM Red Lists, International Council of Museums (2024).
• Classical Art Research Centre (2024).
• UNESCO List of National Cultural Heritage Laws (2024).
• Cultural Agreements and Import Restrictions, Cultural Agreements and Import Restrictions Interpol, Bureau of Educational and Cultural Affairs (2024).
• Cultural Heritage Crime, Stolen Works of Art Database, Interpol (2024).
• Provenance Guide, International Foundation for Art Research (IFAR) Provenance Guide , IFAR (2024).
• Search Provenance Index, Getty Research Institute Provenance Research Index, The Getty Research Institute (2024).

About the Authors

Harper Johnson is a 2L at UCLA School of Law, working as a Spring 2024 Legal Intern for the Center for Art Law. Harper is interested in copyright and trademark law, as well as provenance research and the legal aspects of museums.

Suzanna Neal is a 3L at New York Law School. She is a legal intern for the Center and is interested in pursuing Art Law. She is particularly interested in anti-money laundering and provenance research.

Select References:

1. See, e.g. Graham Bowley, For U.S. Museums With Looted Art, the Indiana Jones Era Is Over, New York Times (June 20, 2023) available at https://www.nytimes.com/2022/12/13/arts/museums-looted-art-repatriation.html. ↑
2. Charly Wilder, When a Visit to the Museum Becomes an Ethical Dilemma, New York Times (Feb. 2, 2023) available at https://www.nytimes.com/2023/02/14/travel/museums-stolen-art.html. ↑
3. Fowler Museum, Who We Are, available at https://fowler.ucla.edu/about/. ↑
4. Sean Arenas, Fowler Museum at UCLA Permanently Returns Objects to Asante Kingdom in Ghana, UCLA (Feb. 5, 2024), available at https://newsroom.ucla.edu/releases/ucla-fowler-museum-returns-objects-to-ghana. ↑
5. Christopher Knight, In a Highly Unusual Move, UCLA Fowler Museum is Initiating Returns of Looted African Works, LA Times (Feb. 5, 2024), available at https://www.latimes.com/entertainment-arts/story/2024-02-05/ucla-fowler-museum-looted-african-art-asante-king. ↑
6. Arenas, supra note 9. ↑
7. Id. ↑
8. Colin Moynihan, At Ghana Event, Fowler Museum Returns Items Taken From Asante Kingdom, New York Times (Feb. 5. 2024), available at https://www.nytimes.com/2024/02/05/arts/design/fowler-museum-asante-kingdom-ghana.html. ↑
9. Knight, supra note 10. ↑
10. Id. ↑
11. Id. ↑
12. Arenas, supra note 9. ↑
13. Gregory Schneider, Va. Museum of Fine Arts Returns 44 Ancient Works That Had Been Stolen, Washington Post (Dec. 6, 2023), available at https://www.washingtonpost.com/dc-md-va/2023/12/06/virginia-museum-stolen-art-returned/. ↑
14. Interview with Matthew Bogdanos about the Antiquities Trafficking Unit, Center for Art Law (Oct. 22, 2023) available at https://itsartlaw.org/2023/10/22/interview-with-matthew-bogdanos-about-the-antiquities-trafficking-unit/. ↑
15. Id. ↑
16. Id; Richard Whiddington, A Top Antiquities Sleuth Has Called Out the Manhattan D.A. For Continually Passing His Work Off As Its Own, Artnet (Oct 2, 2023) available at https://news.artnet.com/art-world/antiquities-manhattan-repatriation-2369055. ↑
17. Va. Museum of Fine Arts, The Virginia Museum of Fine Arts Announces Repatriation of Ancient Works of Art to Their Countries of Origin, Va. Museum of Fine Arts (Dec 5. 2023), available at https://vmfa.museum/pressroom/news/virginia-museum-fine-arts-announces-repatriation-ancient-works-art-countries-origin/. ↑
18. Id. ↑
19. Luca Powell, How $2.7 Million in Stolen Art Was Found At The VMFA, Richmond Times-Dispatch (Feb. 18, 2024), available at https://richmond.com/news/state-regional/education/stolen-art-artifacts-vmfa-virginia-museum-fine-arts-vmfa/article_09117e10-c529-11ee-b387-ef4cf33fff29.html. ↑
20. Id. ↑
21. Id. ↑
22. Id. ↑
23. Id. ↑
24. Va. Museum of Fine Arts, supra note 9. ↑
25. Powell, supra note 11. ↑
26. Id. ↑
27. Id. ↑
28. Repatriation of Golden Boy, Kneeling Female Statues Due In May, The Nation (Feb. 4, 202) available at https://www.nationthailand.com/thailand/general/40035295. ↑
29. Id. ↑
30. Id. ↑
31. The Metropolitan Museum of Art Announces the Return of 16 Khmer Sculptures to Cambodia and Thailand, The Met (Dec. 15, 2023) available at https://www.metmuseum.org/press/news/2023/return-of-khmer-works. ↑
32. Id. ↑
33. Id. ↑
34. Bowley, supra note 1. ↑
35. American Alliance of Museums, About AAM, available at: https://www.aam-us.org/programs/about-aam/. ↑
36. American Alliance of Museums, AAM Code of Ethics for Museums (amended 2000) available at: https://www.aam-us.org/programs/ethics-standards-and-professional-practices/code-of-ethics-for-museums/. ↑
37. Association of Academic Museums and Galleries, AAMG Code of Ethics (November 8, 2021) available at: https://www.aamg-us.org/wp/wp-content/uploads/2021/11/Code-of-Ethics-Approved-11.08.2021.pdf. ↑
38. Association of Art Museum Directors, Code of Ethics (amended 2011) available at: https://aamd.org/about/code-of-ethics ↑
39. Id. ↑
40. Angelica Villa, Met Signs Loan Exchange Agreement with Nigeria: ‘It Shouldn’t Be Limited to the Benin Bronzes,’ ARTnews (Nov. 22, 2021) available at https://www.artnews.com/art-news/news/met-nigeria-loan-exchange-agreement-benin-bronzes-1234611007/. ↑