SOTHEBY'S IS TRAFFICIKING IN
STOLEN BENIN ARTWORKS
A colleague brought to my attention Sotheby’s impending sale of yet another piece of Benin cultural patrimony. I read the announcement of the sale and was struck by its brazenness. Sotheby's is trafficking in stolen goods and it is doing so without any concern for the fact of its brazen criminality. It is clear that the Benin artworks are a contested collection of cultural artifacts. The history of their plunder from Benin is not in doubt, and the Benin Kingdom has never at any time given up its claim to these artworks. There has been significant amount of words written about the history of the British plunder of Benin and why the artworks should be repatriated. How is it then that despite the constant requests for the repatriation of these artworks and their clear identification as stolen goods, they continue to be sold by firms such as Sotheby’s without any hesitation?The Benin art corpus is known by everyone to have been stolen from Benin in 1897, and ironically, their history of being plundered is the main prop used to affirm their authenticity in all the sales of these artworks for over 100 years. The legal issue here is quite simple: is it ever possible to have legal ownership of a stolen good? In other words, if an artwork or piece of property is clearly identified as a stolen item, can anyone other than the known owner of that stolen item ever have a valid legal claim to it? Western institutions that hold African cultural patrimony seem to believe they can legally own stolen goods and so far haven't shown any willingness to examine their shameful actions in this regard.
The Sotheby's announcement makes a point of stating that the mask and five other Benin objects will be sold by descendants of Sir Henry Gallway, who participated in the looting of Benin city in 1897. All the Benin objects identified in the proposed sale are clearly identified as belonging to Benin kings who did not cede their title to the artworks to anyone (the coerced abdication of the Benin throne enforced by the invading British would be illegal in any court today: in 1991, the USA went to war to prevent Iraq from annexing Kuwait based on such principles). There is also no doubt that all Benin artworks in any museum of institution in the world belongs to His Highness, Oba Erediauwa, great grandson of Oba Ovonramwen and the reigning kind of Benin. Despite all this facts, the descendants of a known British thief and vandal who stole the Idia mask from Benin stand to make between 3.5 and 4.5 million British pounds on the sale of an artwork commissioned and paid for by a Benin king (Esigie), which was a representation of his mother (Iyoba Idia) was used as part of the royal regalia of an existing kingdom, while it is clear no single penny will accrue to the Benin king or his descendants from the sale of this item of cultural heritage.
The Benin kingdom and other wellwishers have mounted various legal challenges to the ownership and sales of Benin artworks by various Western institutions. So far, all these challenges have been dismissed without being given a proper hearing. I have reviewed some of these challenges and the possibility of bringing a new legal challenge through American courts and found that it is quite impossible to challenge these matters in court. The legal process here is very expensive and the barriers to getting your day in court are often too high to bear. Moreover, Africans are forced to prove their claims in courts constituted primarily to legally dispossess them of claims to their lives, bodies and natural resources. In the meantime, Western institutions continue to profit from African life and labor. Think about it: millions of Africans were sold into slavery and African land and natural resources were plundered to finance the Western ascendancy of the past five hundred years. Today, African resources continue to support Western development while the continent remains the poorest on the planet. The plunder of cultural resources deprives Africans of their history and of the economic value and equity of their cultural patrimony: all these flow into the coffers of Western institutions without bringing a single economic benefit to the African contexts of their production.
Leaving aside the ongoing looting of the continent and continued use of its inhabitants as guinea pigs by various Western corporations, I think the greatest error that has been made in scholarly studies of African artworks and cultural patrimony is the pervasive idea that African artworks are products of nebulous “community action”. Artworks from Africa are always stripped of their links to particular individuals and economic contexts by their identification as the product of a group ethos. The Benin people did not create the artworks in question here: the pectoral masks of Iyoba Idia were created by specific Benin kings as part of the state’s political and economic obligations. It was stolen from the bedroom of Oba Ovonramwen in 1897. For over six hundred years, Benin kings spent huge portions of the national wealth supporting the creation of lavish artworks and sustaining the specialized guilds that made these artworks. You can still see descendants of the guilds in Benin. African artworks were commissioned by various individuals and institutions, paid for in very real economic terms, and then incorporated into the cultural equity of the individuals and institutions that commissioned them. These artworks are not random creations: they were part of complex systems of knowledge management and economic exchange. Their plunder left their owners significantly poorer. It is tragic that the descendants of the thieves who stole these artworks from Africa should so brazenly benefit from their plunder when the descendants of the Africans who created the artworks receive no share at all in their economic value.
Some commentators have suggested that Africans should try to buy back their stolen artworks when these come to public auction. I consider such suggestions preposterous since it allows the vandals who plundered Africa to benefit from their plunder twice over. When Britain and other colonial powers pay restitution to Africa for the rape of the continent,then I will entertain such suggestions. In the absence of any real compensation for centuries of plunder and genocide against Africans, raising this issue at all is clearly a racist form of responsibility avoidance.
All across the world today, many stolen artworks are being repatriated to their countries of origins. No one is asking the cultural owners of these artworks to pay for the privilege of retrieving their ancestors' properties. Therefore, the relevant issue is whether Africans have any legal rights to their lives, natural and cultural resources. At what point does the brazen dispossession of Africa become a significant political, economic and moral issue? The Sotheby's sale is part of a broad disregard for the very real impact of dispossession on the reality and fortunes of black Africans today. There is no justice here and it does not appear that black Africans or their descendants will be afforded any kind of legal justice in the prevailing context of white Western power. And yes, this is clearly a racial issue. Zahi Hawass has by and large stopped Western institutions from brazenly trafficking in Egyptian artifacts. He continues to negotiate the return of large numbers of looted Egyptian artworks back to Egypt. Most of these artworks were removed from Egypt more than 250 years ago. Italy has repatriated artworks to Libya. Western museums have repatriated artworks to South Africa. But so far, all requests for repatriation or reparation by black Africans have been dismissed without hearing. This is not surprising: African Americans have so far only received an apology for their centuries –long enslavement and, through their overwhelming imprisonment, they continue to fatten the coffers of modern-day slaveholders who run various prisons in the USA. There has never been any Western country held accountable for their actions in Africa, not even Belgium that oversaw the genocide of close to 10 million Congolese between 1880 and 1920. Sotheby's multi-million dollar sale of stolen Benin artwork would seem insignificant within such a list of atrocities against Africa but make no mistake, it is part of the same current of morally and ethically dubious actions unfolding without any regard at all for African concerns.
It is therefore time for all Africans who have the resources to contribute to a massive effort to bring the global legal system to bear on these institutions who traffic in stolen African cultural patrimony. There are already precedents: the Holocaust reparation legal challenge is a clear precedence; so is the Native American Graves Repatriation and Protection Act. The issue of African cultural patrimony is an urgent human rights issue. Africans deserve equal access to and equal share of the economic value of artworks created by their ancestors. More importantly, they deserve to have a say in what happens to these artworks in the contemporary era. These artworks arrived in the West on a boat of plunder and bloodshed. Uncountable numbers of African lives were destroyed in the avaricious pursuit of colonization by Western powers. There needs to be an accounting for this history. Western institutions like Sotheby’s that broker the sale of these artworks should also cease and desist. They may not be legally liable for their actions today, but they will be legally liable at some time in the future.
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Some Thoughts on the Benin Bronzes

Some of the heirs to the kingdom of Benin, the people of Southwest Nigeria, want the bronze their ancestors cast, shaped, handled, wondered at. They would like to wonder at—if we will not let them touch—that very thing. The connection people feel to cultural objects that are symbolically theirs, because they were produced from within a world of meaning by their ancestors—the connection to art through identity—is powerful. It should be acknowledged. The cosmopolitan, through, wants to remind us of other connections.Kwame Opoku has also been commenting on these same bronzes (e.g. "Is James Cuno a “Nationalist Retentionist”?", ModernGhana.com, July 4, 2008; see also a series of postings on Afrikanet.info). His passionate essays have prompted me to hunt through some of the news archives to see what I could find about the dispersal of Benin Bronzes. I cannot pretend this is comprehensive list, but it gives a little bit of the background to this debate.The "Benin Punitive Expedition" was assembled in January 1897 (see "The Benin Expedition", The Times January 20, 1897). This was in response to the killing of a British party around January 1, 1897 ("Massacre of a British Expedition in West Africa", The Times January 12, 1897). The accounts of the assault on Benin city are chilling. An eye-witness at the inquest into the death of one of the British officers mentioned that the British troops turned their Maxim guns on the defenders who fell from the trees "like nuts" ("The Death of Captain Byrne", The Times March 27, 1897).This is the context for the removal of these bronzes from Benin City. When Appiah asks us to make "connections", these are the images that spring to mind."Loot" soon returned to England. One of the first examples was the display of "Some interesting bronzes from Benin City" that were put on display in the Royal Colonial Institute in London in June 1897. The notice that appeared in the Court Circular of The Times (July 1, 1897) mentioned the bronzes, "the precise origin of which is at present unknown". The bronzes were on loan from the Hon. G.W. Neville, MLC, "of Lagos"; The Times cryptically added that Neville "had accompanied Admiral Sir H. Rawson's recent expedition". (For Sir Harry Holdsworth Rawson see ODNB; "he advanced to Benin city to punish the massacre in January of British political officers ... Benin was captured and looted, then accidentally burnt.")Some of the material removed from Benin City passed into national collections. Ormonde Maddock Dalton and Hercules Read of the British Museum produced a catalogue, Antiquities from the City of Benin (London: British Museum, 1899). David M. Wilson's authoritative The British Museum: A History (London: British Museum, 2002) rather skates over the issue:
Franks and his colleagues ... were, as yet, not interested in the material as art - that came with the acquisition of the Benin bronzes at the end of the century ... (p. 161).... [Dalton's] work on his seminal catalogue of recently acquired material from the Nigerian kingdom of Benin ... (p. 225)Surely some mention of the circumstances of the acquisition would have been appropriate?A taste for "Benin Bronzes" quickly developed. On September 12, 1899, a "Sale of Benin Bronzes" took place at "Mr J.C. Stevens's rooms, King-street, Covent-garden' in London (The Times September 13, 1899). This was described as "an unusually choice collection of very fine Benin bronzes" that "included many of the finest specimens yet offered, and mostly came from the palace and ju-ju house of the late King of Benin". The same auction rooms offered "A marvellous collection of BENIN BRONZES consisting of about 500 pieces" as one lot in June 1902 (see notice in The Times, May 17, 1902; report, June 4, 1902). These had been "taken by the British punitive expedition under the command of Admiral Rawson in February, 1897". Among the pieces sold were "ivory tusks carved with figures, animals, &c." (compare Cuno's Who Owns Antiquity? fig. 4 for a "Court of Benin Ivory").A further selection of Benin bronze surfaced on the London market (in 128 lots) in May 1930 ("Benin Bronzes", The Times April 7, 1930). These came from the collection formed by George William Neville, a member of the "Benin Punitive Expedition". His obituary in The Times November 30 1929 commented,
One of Neville's exploits was to accompany the punitive military expedition to Benin in 1897, from which he returned with a remarkable collection of Benin curiosities.The 1930 report continued:
In the King's compound [at Benin] and the ju-ju houses were discovered numerous works of art in ivory, bronze, brass, &c., buried, in several instances, and covered with the blood of human sacrifice.
These pieces came from the same collection displayed at the Royal Colonial Institute back in the summer of 1897. A further example of the material from Benin City surfacing on the market is provided by the collection formed by Dr R. Allman, medical officer for the Benin Punitive Expedition. This was sold at Sotheby's in December 1953 (The Times December 8, 1953).
Can we ignore the way that these bronzes moved from Benin City to the market and thence to private and public collections? Kwame Opoku has been right to remind us of these shameful issues.
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British Museum under pressure to give up leading treasures
The British museum is to come under renewed pressure to give up leading treasures as 16 countries plan to sign a declaration that demands the return of artefacts sent overseas generations ago.
The demand, issued in Cairo at the end of a two-day conference, is addressed to every country that holds ancient relics.
Western museum hold most of the items listed by countries ranging from China to Mexico. The British museum is the principal target because of the prominence of the artefacts it owns.
Egypt wants returned include the Rosetta stone in the British Museum and the bust of Nefertiti in Berlin's Neues Museum. Both the British and Neues Museum have rejected the demand.
The conference was hosted by Zahi Hawass, the head of Egypt's Supreme Council of Antiquities, who has been an outspoken campaigner for the return of lost treasures.
Mr Hawass acknowledged that there was no international legal basis for the demands but said a united stand between affected nations would bolster the claims.
"Instead of Egypt fighting on its own, let's all fight together. let's all come out with a wishlist," he said. "We need to co-operate all of us especially with that wish list. we need all of us to come with one list and fight until we return this artefacts back.
"Forget the legal issue," he said. "Important icons should be in their motherland, period."
A spokeswoman said the British museum had not received an official request from Egypt.
"The British Museum has not received an official request for the permanent return of the Rosetta Stone," she said. "The Museum has received a request from the Supreme Council of Antiquities requesting the short term loan of the stone for the opening of the new museum in Giza in 2012 or 2013. The Trustees of the British Museum will consider this request in due course."
It has faced a long running campaign by the Greek government for the return of the Elgin Marbles which were taken from the Parthenon at the outset of the 19th century.
Elana Korka, a Greek culture ministry official said the marbles were its prime concern. "We would like to see some good faith," she said. "They are the Parthenon marbles and that is where they belong."
International conventions written since 1954 prohibited wartime looting, theft and resale of artefacts but the agreements don't apply to items taken abroad before national or global laws were in force.
Nigeria has listed its claims for the Benin bronzes, which are also housed from the British Museum. Mexico has demanded the return of a feathered headdress of a tribal warrior and China has sought the handover of astrological items looted from the Summer Palace in Beijing during the Second Opuim War.
Artefacts that are on the looted list:
1 Elgin Marbles
(British Museum)
Greece has long fought to reclaim the frieze stripped from the Parthenon at the behest of the 7th Earl of Elgin in 1801
2 Rosetta Stone
(British Museum) Egypt demands the return of the 2,200-year-old stone tablet that holds the key to translating ancient hieroglyphs
3 Summer Palace
bronzes (private French owner)
China claims bronze heads from a zodiac clock were stolen during the Second Opium War in 1860
4 Benin Bronzes (British Museum) Nigeria lays claim to the royal treasures of Benin, saying that they were seized by British troops in 1897
5 Queen Nefertiti (Berlin Neues Museum)
Egypt wants the 3,500-year-old bust of the wife of Pharaoh Akhenaten returned
BENIN EXHIBITION IN CHICAGO...
Guest Blogger Kwame Opoku considers issues of African cultural patrimony engendered by the traveling exhibition of Benin Art, at the Art Institute of Chicago.
******************BENIN EXHIBITION IN CHICAGO: CUNO AGREES TO CONSIDER REQUEST FOR RESTITUTION OF BENIN BRONZES
© Kwame Opoku, 2008
1) Barbara Plankensteiner, Benin Kings and Rituals: Court Arts from Nigeria. Ghent: Snoeck Publishers, 2007, pp.535
2) Lynette Kalsnes, “Arts from Ancient Kingdom Come to Chicago”, www.wbez.org
3) James Cuno, Who owns Antiquity? Princeton University Press, Princeton and London, 2008. See also,K.Opoku, “DO PRESENT-DAY EGYPTIANS EAT THE SAME FOOD AS TUTHANKHAMUN? REVIEW OF JAMES CUNO’S WHO OWNS ANTIQUITY?
4) See Annex. Tajudeen Sowole, “In Chicago, stolen Benin artifacts on paradewww.guardiannewsngr.com
5) Barbara Plankensteiner, Benin Kings and Rituals: Court Arts from Nigeria.
6) Philip J.C. Dark, “Benin Bronze Heads: Styles and Chronology”, in African Images: Essays in African Iconology , (Eds) D. F. McCall and Edna G. Bay. New York, London: Africana Publishing Co. 1975, pp.25-104; see also, Dark, Introduction to Benin Art and Technology. Oxford: Clarendon Press, 1973 pp.114.
James Cuno: Apologist for Hypocrisy
I have been following with increasing disgust the public pronouncements of James Cuno, director of the Art Institute of Chicago, and self-styled crusader for the right of Western museums to hold on to centuries of looted art. Cuno has recently published a book (Who Owns Antiquity: Museums and the Battle over our Cultural Heritage. Princeton, NJ: Princeton University Press, click here for description) and in the past year, he’s been ubiquitous in the global media promoting what he describes as “universal museums” (specifically referring to Western museums) and defending them against claims by several countries for the repatriation of looted antiquities and cultural artifacts. In his book, Cuno argues that modern nation-states have mostly tenuous connections to the ancient cultures whose antiquities are found within their geographical boundaries and that these antiquities and cultural treasures are best held in trust by universal museums for the common enjoyment of humanity. Not surprisingly, these “encyclopedic museums” consist mainly of museums located in former colonial powers (the British Museum is the exemplar) mostly in western European countries. Of all the canards in Cuno’s book, I take particular exception to his claim that modern countries have no greater claim than anyone else to the objects produced in antiquity within their modern borders. Although he makes a plausible argument that modern identity politics too often draws problematic connections between the present and the past, to claim that there is no credible link between ancient and modern cultures that occupy related borders is to make a literalist argument that all aspects of antiquity is up for grabs by sheer force of power (click here for a very intelligent review of the book by Roger Atwood). The problem with this argument is that it validates the colonial violence through which many African cultural objects (for example) were brought to European museums and provides undue legitimacy to the entire process of plunder and brigandage which has been studiously refuted in modern politics since World War Two.
References: Click here for what Tom Flynn (ArtKnows blog) described as a dire and ramblingKCRW interview with Cuno. Click Time magazine's interview with James Cuno; click Looting Matters for a list of responses to Cuno's book and interviews.
>via: http://aachronym.blogspot.com/2008/07/james-cuno-apologist-for-hypocrisy.html