Some Thoughts on the Renewal of Cambodian MOU

Cambodia certainly has a far more sympathetic case than many applicants for import restrictions.   On the other hand, I�m not sure that the case made to protect sculptural elements from Khmer temples justifies import restrictions on everything and anything old down to the 16^th Century, including things like beads and statuettes.   I�d also like to know more about collections formed in Cambodia itself, particularly the one evidently put together by a government minister.   Does his collection have any statutes or sculptural elements in it?  If so, where and when were they collected?   It seems wrong to me that U.S. Government has filed suit against Sotheby�s demanding the return of a statute that left Cambodia decades ago if wealthy Cambodians, including at least one government minister, have been allowed to collect such material �no questions asked.�

CPAC Meeting on Renewal of Cambodian MOU

On February 27, 2013, I attended a public meeting of the Cultural Property Advisory Committee (�CPAC�) to discuss the renewal of the Cambodian import restrictions.  The following CPAC members representing the interests of the public, museums, archaeology and the trade were in attendance:  Nina M. Archabal (Museum);  Barbara Bluhm Kaul (Public); Lothar von Falkenhausen (Archaeology); Patty Gerstenblith, Chair (Public)  Rosemary A. Joyce (Archaeology); Katharine L. Reid (Museum);  Marta A. de la Torre (Public); Nancy C. Wilkie (Archaeology) and James W. Willis (Trade).  Jane Levine (Trade) was not present.  In addition, another trade slot remains vacant.  Cultural Heritage Center staff, including Executive Director Maria Kouroupas and staff archaeologists, were also in attendance for the U.S. Department of State.

There were seven (7) speakers, all of whom supported the renewal.  They were:  Dr. Brian Daniels (U. Penn Cultural Heritage Center/AIA); Tess Davis (Researcher/University of Glasgow); Diane Edelman (President, Lawyer�s Committee for Cultural Heritage Preservation); Josh Knerly (lawyer/AAMD); Paul Jett (Freer Gallery/Smithsonian); Karen Mudar (National Park Service, but speaking privately); Helen Jessup (Friend of Khmer Culture).

Brian Daniels spoke first.  Cambodian temple sculptures are still being looted.  Recently, the U. Penn received an email solicitation for the sale of such temple sculptures from Cambodia.  The U. Penn turned the matter over to the authorities.  The seller also sent the solicitation to the Brooklyn Museum of Art.  Cambodia has been very generous with loans to U.S. Museums and has made a real effort to inventory its national museum.  That work is being expanded to include inventories of regional museums and archaeological sites.   In response to questions, Dr. Daniels indicated: (1) there has been some cooperation between Thailand and Cambodia with regard to repatriation of looted Cambodian antiquities; (2) Cambodia has entered into an MOU with Australia that calls for the return of looted material; (3) Cambodia is truly interested in completing an inventory of its cultural treasures.

Tess Davis spoke next.   There are 4,000 known prehistoric sites in Cambodia.  Most have been looted. Cambodia is a much poorer country than its neighbors, Vietnam and Thailand.  It is ranked below the Congo and Iraq in terms of its economic development.  Yet, Cambodia has committed serious resources to protecting its cultural patrimony.  It is hosting an international conference on the subject.  It is going forward with an inventory.  Its law enforcement recently arrested a high ranking general and governor on charges of antiquity smuggling (along with weapons and drugs).  In response to questions, Ms. Davis indicated:  (1) a surprising number of inventory records have survived since the 1960�s given all the warfare that has beset the country; (2) tourism is a positive development, but requires educating tourists not to purchase looted materials; (3) because artifacts are easy to smuggle, U.S. import restrictions are a good second layer of protection; (4) there also is looting of Khmer materials in Laos and Burma, but statistics are hard to come by; (5) there is currently enough funding for the inventory project; (6) the agreement with Australia focuses on law enforcement; (7) the ultimate markets for Khmer artifacts are the U.S., Japan, France, Belgium and Switzerland; and (8) the Cambodian government is doing a better job of posting warnings to tourists.

Ms. Edelman spoke next.  The Lawyer�s Committee is an advocacy organization that is happy to add its agreement to the unanimous view that the MOU should be renewed. 

Josh Knerly then spoke in favor of the MOU.   Loans have been made to major U.S. Museums like the Freer Gallery, but more could be done to encourage loans to regional museums in the U.S.  The AAMD would like to see more direct loans as well.  Currently, all loans need to be negotiated under the authority of the U.S. Embassy.  The Embassy has been cooperative, but it makes sense that some private organization take over.  What the Korea Foundation had done provides a model.

Paul Jett discussed the Freer�s long-term collaboration with Cambodia.  This began in 1997 with the establishment of a metal conservation lab.  Next, was an investigation into the stone that was used for temple building.   Finally, there was the Gods of Angkor Wat exhibit of last year.  In response to questions, Jett indicated there are public education programs in Cambodia.  The inventories vary in quality.

Karen Mudar works for the National Park service but appeared in a personal capacity.  She previously worked in Thailand.  There needs to be public education about looting. The border with Thailand is porous and there are markets for Khmer objects in Thailand.

Helen Jessup spoke last.  There have been 4,000 archaeological sites identified in Cambodia.  There is a porous border with both Vietnam and Thailand.   Artifacts transit through each country.  For a poor country, Cambodia has made a big effort to protect its patrimony.  There are 511 Heritage police in the country.  Eighty-four were trained by the FBI.  Looting has taken place with road construction.  Friends of Khmer Culture have helped fund inventories which have been useful in recovering material from monasteries.  Cambodia has 26 regional museums.  Some are so small that they are housed in police stations or governor�s residences.  There have been zoning efforts to preclude digging near temples.  Outreach is important.  The bilateral agreement has been helpful to control the illicit trade.   In response to a question about corruption, Jessup stated that the situation is uneven.  There are some corrupt officials, but others are good.  There is a need to focus on education.  Tourism is important for Cambodia and in some instances the tourism ministry and the cultural ministry have not been on the same page.  The Cambodians have been extraordinarily generous with loans.  There have been some new museums put up.  A museum run by Thais was unpopular for political reasons.   Another built with Japanese funds but run by Cambodians has been successful. Thefts from monasteries are a continuing problem. One of the ministers in the Cambodian Government has a large collection and runs  his own museum. Other wealthy Cambodians also own Khmer antiquities.  The Ambassador�s Fund has been helpful.  The State Department funded the Red List of Cambodian antiquities at risk which has been useful for Customs officials.  There should be a better effort to post warnings for tourists at the airport.

Funding Opportunities Abound?

In reviewing some of the submissions for CPAC's upcoming public session concerning the proposed renewal of the MOU with Cambodia, I was struck by the submission of Christina Luke to CPAC advocating tapping into a vast amount of federal dollars for archaeological projects.   Ms. Luke is associated with Boston University and serves as the Chair of the AIA's "Cultural Heritage Policy Committee."

Leaving aside the self-serving nature of any such request, let's talk about its bad timing, what with sequestration coming this week.     If anything, the State Department should be considering whether any funding for foreign archaeological projects makes sense in a tough budgetary climate where there is pressure to cut other programs that benefit people in foreign countries far more directly, like funding for clean water and HIV/AIDs prevention.

More Double Standards at CPAC?

The New York Times has reported that the Cambodian Government asked for CPAC member Jane Levine, who is also employed by Sotheby's, to be recused from deliberating on the upcoming CPAC meeting relating to the renewal of the Cambodian MOU.   Presumably, the Cambodians are claiming that Levine cannot fairly discharge her duties given the ongoing dispute involving a Khmer statue.  The article indicates Levine was not going to attend the meeting anyway due to a conflict with a Sotheby's board meeting, but also suggests that the "scheduling conflict" may have provided Levine and Sotheby's with a graceful exit from the dispute.

But, if so, it's worth recalling that State failed to recuse an archaeologist who received an excavation permit from Cyprus despite the clear conflict of interest issues her participation in deliberations related to the renewal of the Cypriot MOU raised.

So, once again, is there one standard applied to collectors and the trade and another for archaeologists aligned with the State Department and source country bureaucracies?

Slim Public Support for Renwal of the Cambodian MOU

Only 37 public comments have been posted on the regulations.gov website regarding the proposed renewal of the Cambodian MOU.  It's a bit surprising  the number is so low, particularly given all the negative press drummed up against Sotheby's concerning the ongoing forfeiture proceeding in New York over a Khmer statue.  Unsurprisingly, though most comments come from archaeologists or those with some professional or business affiliation with the Cambodian cultural bureaucracy.  The list includes two groups who have or currently do receive public funds from the US Government or the EU.  This again suggests that import restrictions are largely "feel good measures" for special interests with friends in Government.   

Closed CPAC Meetings on Chinese and Cambodian MOU's

There was a time under the Bush Administration that CPAC conducted open meetings in conjunction with their interim reviews of controversial MOU's, like that of Italy.  Under the supposedly transparent Obama Administration that is no longer the case.  The Chinese MOU in particular has been very controversial.  So why not hold an open CPAC meeting where the public can comment on how China has responded to what is asked of it under the current MOU?

Slippery Slope

Cambodian cultural bureaucrats, no doubt emboldened by the US Government's case against Sotheby's, have now set their sights on more Cambodian statuary that has been on display at the MET for years.  See

http://www.nytimes.com/2012/06/02/arts/design/cambodia-to-ask-met-to-return-10th-century-statues.html

The statuary in question apparently arrived in the US years before import restrictions on undocumented Cambodian artifacts were imposed.  Moreover, unlike the Sotheby's case, there does not appear to be any hard evidence that the statuary came from a specific site.  Accordingly, at this point any Cambodian claims would seem to be based on little more than speculation and a cultural nationalist view that anything of Cambodian manufacture "belongs" to the modern nation state.

Could the Khmer Rouge Pass Good Title?

Tess Davis' recent opinion piece for the LA Times begs the question whether the Khmer Rouge could have passed along good title to the Khmer Statue that the US Government now maintains is stolen.  See http://www.printfriendly.com/print?url=http%3A%2F%2Fwww.latimes.com%2Fnews%2Fopinion%2Fcommentary%2Fla-oe-adv-davis-khmer-loot-sothebys-20120425%2C0%2C2456835.story&partner=Shareaholic

However despicable the Khmer Rouge were, they were internationally recognized as the legitimate government of Cambodia around the time the statue was thought to have disappeared, and held Cambodia's UN seat in a coalition government until the early 1990's with Western support.  Under the circumstances, should the US Government really take sides in this dispute between Sotheby's and the successor Cambodian government?

VOA Turns Up Heat on Sotheby's

The VOA, which is purportedly independent, but which has been identified with the US State Department since its inception (see http://en.wikipedia.org/wiki/Voice_of_America), has issued a report that has been publicised in the archaeological blogosphere that supports the seizure and repatriation of a Khmer statue back to Cambodia as stolen goods. See http://culturalheritagelawyer.blogspot.com/2012/04/voa-visits-cambodian-statues-original.html

According to Wikipedia,

A 1976 law signed by President Gerald Ford requires VOA to "serve as a consistently reliable and authoritative source of news." The VOA Charter states: "VOA news will be accurate, objective and comprehensive." However, the service has been criticized as an instrument of American propaganda.

If the VOA truly strives to be as "accurate, objective and comprehensive" as claimed, why not also provide Sotheby's side of the story?

Government, Supported By Archaeological Lobby, Moves Against Sotheby's on Behalf of Cambodia

The Government of Cambodia has been criticized for its undemocratic ways and its border disputes with Thailand. Yet, the US State Department, its Cultural Heritage Center, and its allies in the archaeological community-- including the Department of State funded �Heritage Watch� --have been instrumental in imposing broad restrictions on cultural goods from Cambodia. This, despite the wide availability of this material in markets abroad and the forthright admission by Cambodia�s representative at the most recent CPAC hearing that the Cambodian Army is deeply involved in the supply of ancient Cambodian artifacts to world markets. See http://ordinarymag.blogspot.com/2008/09/cambodian-import-restrictions-extended.html

Now, the Government, again supported by the archaeological lobby, is seeking to seize a Cambodian artifact from Sotheby�s based on allegations that the statute was stolen from an archaeological site, presumably during the dislocation associated with fall of the US-Supported Cambodian government during the aftermath of the Vietnam war. See : http://www.nytimes.com/2012/04/05/arts/design/ancient-cambodian-statue-is-seized-from-sothebys.html?_r=1

My advice to Sotheby�s would be to fight. Experience teaches that press reports sourced to the archaeological lobby may not provide either a complete or accurate depiction of the actual strength of the Government�s case. If SLAM can prevail, perhaps Sotheby�s can as well.

The seizure does, however, suggests that Sotheby�s hiring of a former prosecutor, Jane Levine, has not protected Sotheby�s and its consigners from the aggressive repatriation efforts of the US Government.

Moreover, the seizure raises further questions about whether Jane Levine can serve as an effective member of CPAC or whether her defense of Sotheby�s import of the statue for auction raises conflict of interest issues that cannot be adequately addressed.

Asia Society: Collecting Art in the 21st Century

The Art Newspaper has this short piece about this discussion that took place at the Asia Society. See http://www.theartnewspaper.com/articles/Asia-Society-debate:-the-dos-and-don%E2%80%99ts-of-collecting-antiquities/26093

In addition, the Asia Society website has uploaded the discussion here: http://asiasociety.org/video/arts/collecting-ancient-art-21st-century

Meanwhile, as politically correct complaints from archaeologists and over regulation from the US Government have put a damper on collecting Asian antiquities here, China has now surpassed the US as the art market leader. See http://www.coinsweekly.com/en/News/4?&id=1101

Both the Obama Administration and the archaeological community should ask themselves if their efforts have done anything other than to move the trade oversees to the detriment of the public interest.

Addendum: Jason Felch has posted this summary of the Asia Society event on the "Chasing Aphrodite" blog:
http://chasingaphrodite.com/2012/03/23/at-asia-society-antiquities-collectors-describe-climate-of-fear-2/

Cambodian Cultural Property Fracas Again Shows Appeasment Leads to Escalating Demands

Leaving aside the merits of Cambodia's claim to a valuable statue that was to be auctioned off at Sotheby's, this latest fracas in the cultural property wars again suggests appeasing the archaeological lobby does little but encourage escalating demands. For more, see http://www.nytimes.com/2012/02/29/arts/design/sothebys-caught-in-dispute-over-prized-cambodian-statue.html

If Sotheby�s thought hiring a former prosecutor who has developed strong contacts with the archaeological community would win friends and influence people within the archaeological community, it was wrong.

Also, if anyone thinks 1970 provides a safer harbor to repatriation claims, the archaeological lobby's recourse to a 1925 law to press this claim also suggests that 1970 may not be the "safe harbor" date the archaeological community initially claimed as well.

Yes, appeasement leads to little but escalating demands for more.