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Why Sanctions Seldom Work: Reflections on Cultural Property Internationalism
Published online by Cambridge University Press: 18 October 2005
Abstract
Heritage piety departs ever farther from reality. High-minded admonitions broaden the gulf between what happens to cultural property and what virtuous stewards feel should happen. Ever more of our patrimony gets looted, destroyed, mutilated, shorn of context, hidden from scrutiny, inadequately stored, poorly conserved, eBayed. Merryman cites three causes: the animus of UNESCO and archaeology against marketing cultural property, the sanguine view that trafficking abuse can be quashed by state fiat and moral suasion, and excessive constraint against heritage export by blanket diktats from source nations (and tribes and ethnic groups). These evils endure because heritage stewards commonly subscribe to four underlying sacrosanct fictions. (1) The heritage of all humanity deserves to be preserved in toto. (2) Cultural heritage matters above all for the information it can yield. (3) Collecting is reprehensible; it must be circumscribed if not outlawed. (4) Nations and tribes are enduring entities with sacred rights to time-honored legacies. I show why these views are mistaken yet remain embedded in heritage philosophy and protocol. In particular, although heritage is piously declared the legacy of all mankind, chauvinist sentiment continues to impede internationalism, partly because it buttresses the credentials of those in charge, who are forced into moral postures that promise unachievable stewardship. National and local self-esteem are holy writ for UNESCO and other cultural property agencies. Equating heritage with identity justifies every group's claim to the bones, the belongings, the riddles, and the refuse of every forebear back into the mists of time. All that stands in the way of everyone's reunion with all their ancestors and ancestral things is its utter impossibility. Heritage professionals once seen as selfless are now targets of suspicion, often thought backward looking, deluded, self-seeking, or hypocritical. Small wonder that militant reformers who seek to suppress illicit cultural property dealings by treaties, court decisions, government fiats, and the moral artillery of shame and guilt are viewed with an increasingly cynical eye.
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- © 2005 International Cultural Property Society
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