ETHICAL ISSUES WHO OWNS THE PAST?

Ethics The Australian Oxford Dictionary defines ethics as: The study of morals in human conduct The rules of conduct recognised as appropriate to a particular profession or area of life. In history and archaeology ethical issues include: Ownership of the past Responsibility for the past Preservation of the past The treatment of human remains

Ethics and the Past Ethics are important for community life. They govern our relations with one another and make an important contribution to the general well-being and efficient functioning of the community. Laws regulate our behaviour and can be used as sanctions against behaviour that can undermine the community. However, codes of ethics consist of mutual understandings that reflect our common values but tend to be beyond the reach of the law. Ethics can be an area of great debate because people have differing perspectives on what can be regarded as ethical and unethical conduct. These are matters of opinion, however, rather than legality.

Heritage These are things passed down through generations that give a sense of identity and belonging: Family heritage – stories, sayings, language, traditions, photographs, treasure possessions Community heritage – historic buildings, monuments, documents, artefacts National heritage – important historical figures, natural sites International heritage – monuments, sites and cultural events.

Who owns the past? The issue of ownership can be both legal and moral. For example: The Sydney Opera House belongs to the government of New South Wales. But it also belongs, in a moral sense, to the people of New South Wales. The people of Australia could also claim it as a symbol of national identity. Since the inclusion of the Opera House on the World Heritage List, it could be also argued that it belongs to the people of the world as an icon of human achievement. Legally, governments have ownership of the past but morally people own the past as well because of the emotional connection they have with the past (it’s their heritage).

Who Owns the Past? Ownership of archaeological monuments, sites and artefacts (cultural property) has not been an issue until recent times. Before there were laws preventing ancient artefacts from being taken out of their countries of origin, archaeologists and other treasure seekers treated these finds as their own personal property. Some of these ended up in famous museums like the British Museum in London and the Louvre in Paris. Others were taken into private collections, never to be seen by the public again. Because of their value, many artefacts ended up on the black market – even reputable museums are not above such illegal means of adding to their collection.

Parthenon Marbles One of the most famous and longstanding disputes about the ownership and custodianship of cultural property is the case of the Parthenon Marbles, formerly known as the Elgin Marbles. At the beginning of the 19th century, Thomas Bruce, the Seventh Earl of Elgin, the British ambassador to Turkey, removed some of the marble sculptures from the Parthenon on the Acropolis in Athens. The Parthenon was built in 5th century BC, at the height of ancient Greek civilisation. With the permission of the Turkish government, who controlled Greece at the time, the marbles were shipped to Britain. Lord Elgin later sold the sculptures to the British Museum where they continue to be one of the most valuable displays in its collection today.

The Parthenon Marbles, Acropolis Museum Top level gallery Parthenon’s west frieze Parthenon Hall Part of frieze

The Elgin Marbles, British Museum Selene’s horse Marbles Frieze

Greek Perspective Source 6.2 – Greek Minister of Culture Mr Theodoros Pangalos Parthenon marbles were created as an integral part of the temple and they have been separated. Marbles should be re-united with monument on original Acropolis site. With new museum in Acropolis, the marbles will be housed against background of the Parthenon. Greeks claim they have no desire to ask for any other antiquities except the marbles. The purpose of their return is to restore unity of a unique monument.

British Perspective Source 6.3 – British Museum Lord Elgin didn’t steal marbles, instead he saved the marbles from being destroyed forever. Marbles are a symbol of national identity, but they also have a worldwide significance. Museum has had sculptures for more than 200 years and they have become part of England’s heritage. They have become a centre of admiration of Greek culture. British see themselves as ambassadors of Greece – promoting sculptures to 4.6 million people each year, in a free museum.

The Debate Should the Parthenon Marbles be returned back to Greece? 60 Minutes documentary – Elgin Marbles World Focus: Greeks lobby for return of Parthenon marbles back to Athens. Elgin Marbles – CNN Reports Article: Acropolis Museum opens amid renewed debate over Elgin Marbles

60 minutes Documentary – The Debate Arguments For Arguments Against Lord Elgin got permission from the wrong people to take the marbles such as the Turkish. The Marbles are a part of Greek heritage, it’s their identity and they belong in Greece. The sculptures are in pieces and divided between the Acropolis and British Museums. As a result replica plaster casts are used to fill missing pieces. The Greeks believe the sculptures should be reunified, (put back together again.) The Greeks claim that they only want the marbles back and no other antiquity housed in the British Museum. Lord Elgin was justified in removing the marbles. He rescued them when he saw the damage done to the monument and sent them back to England. He acted under the law of the time and things should be left that way. The British are afraid that if the Marbles are returned then this will set a precedent for the return of other antiquities, not just to Greece but to the rest of the world.

Arguments for presented by Acropolis Museum Arguments Against presented by British Museum Elgin marbles were stolen, cut away and taken by Lord Elgin illegally. There is a new state of the art museum with a sky lit glass gallery with view of Parthenon built especially for the marbles. The frieze has been re-assembled in museum to size to represent position on the Parthenon. However, it is incomplete as parts are in British Museum, pieces missing have replicas in place. The sculptures on display as also incomplete as pieces of the same sculpture are in both museums. Replicas are put in place to complete the sculpture. Greeks want re-unification of fragments as they believe they belong together. They don’t want all Greek artefacts back from British Museum. Lord Elgin rescued the marbles from a crumbling Parthenon and took them away legally. Sculptures are not just a representation of 5th Century Greece but have a global significance, they belong to the world. The museum showcases treasures from all over the world and tells a story of human history to the present day. The museum attracts millions of visitors each year as a free display and it is an important representation of Ancient Athens, no matter where it is located. There are six other museums around the world that also have parts of the marbles too. Because of the current economic conditions in Greece, the British government doesn’t think returning them is a good idea.

Who Administers & Presents the Past? Those who administer the past are its keepers and custodians. They are responsible for the cost of its upkeep and preservation. Today, museums are largely responsible for this. They: Select items from their collections to display Arrange the way in which they are displayed Give the items context through accompanying description and/or narrative.

The Controversy Whose version of the past will be presented? This question is at the centre of the controversy of presenting the past – the packaging and presentation of the past has both political and economic dimensions. A display can be used to promote a political policy or perspective Sponsorship by big business can influence the nature of exhibitions. The presentation of gender and ethnic issues can also be highly controversial.

Who preserves the past? Archaeological sites are living museums, the major repositories of the past. Like museum curators, the administrators of archaeological sites have to make decisions about the management of the site including its preservation, conservation and presentation to the public. Preservation and conservation must also be completed on artefacts found housed in museums.

Human Remains It is only recently that consideration has been given to the ethical issues related to the ownership, scientific analysis and display of human remains. Many of the remains displayed in major museums were collected as a result of the colonising activities of European powers like Britain. In post-colonial times, many of these formerly conquered people have been demanding the return of their cultural property – including the remains of their ancestors – some have been successful, others not.

Australian example During the 19th and 20th centuries, excavation of Aboriginal sites and research into Aboriginal culture was conducted by European Australians. Little consideration was given to Aboriginal attitudes to such excavation, or to the analysis and display of skeletal materials in museums. Sacred sites were dug up, burial sites looted and anything of interest was taken away to be examined or displayed in museums.

Return The head of Pemulwuy, a warrior of the Sydney Eora tribe, was cut off, pickled, bottles and sent to England for display. Aboriginal claims to museums, like the British Museum, have resulted in the return of both cultural artefacts and skeletal remains to their original owners. This was made possible by the British Government’s Human Tissue Act 2004 that allows museums to return remains ‘which are reasonably believed to be under 1000 years in age.’ Today, there are no Aboriginal skeletons on display in Australian museums, and many collections of such materials on display in other museums and universities are being returned to Aboriginal communities for reburial.

Law Section 21 of the Aboriginal and Torres Strait Islander Heritage Protection Act 1984, provides for the return of Aboriginal human remains ‘to an Aboriginal or Aboriginals entitled to, and willing to accept, possession, custody or control of the remains in accordance to Aboriginal tradition.’

Egyptian Mummies According to ancient Egyptian burial beliefs, once the mummy was buried in its sealed tomb it was to remain undisturbed for eternity. The ancient Egyptians believed that disturbing the mummy threatened its survival in the afterlife. The mummies of Ancient Egypt are now scattered in collections all around the world. In 1980, President Anwar Sadat banned a public display of mummies in Cairo Museum. He was concerned about the ethics of their display – although they had been on view since 1946.

In 1994, a new display of 11 mummies of some of the most famous pharaohs of the 18th-21st Dynasties opened in the Cairo Museum. Some of these mummies are still in their original linen bandages. Others have been unwrapped in order to display the ancient techniques of embalming. Special cases have been filled with inert nitrogen to reproduce the conditions that existed in ancient tombs. Visitors to the display are limited to 10 minutes’ viewing of the bodies.

Arguments for & against The museum’s director, Mr Muhammad Saleh – “All over Egypt you can see the temples and tombs built by the pharaohs. Now it is time to see them face to face.” Dr Peter Kuhlmann – “It’s so totally against the beliefs, the hopes and everything these dead bodies stood for, what they hoped for when they were alive. It is almost painful to see them displayed like pickled fish.”

New Practices Greater care is being taken with Egyptian mummies today. The body of Tutankhamun, removed from its tomb in 1923 and unwrapped and analysed at the time, was returned to its original resting place in the Valley of the Kings. Egyptian law now forbids the unwrapping of mummies without special permission. The examination and preservation of mummies must be conducted by x-rays and other scientific methods without disturbing the wrappings.

You Decide

Ancient human remains should be disturbed and exhibited to see Using source F and other sources you have studied, as well as your own knowledge; explain the ethical issues involved in the excavation , use and display of human remains from our ancient past

Administers/presenters of the past What to include: Ownership of the past Administers/presenters of the past Display of remains