Who is the rightful owner of archaeological artifacts?

The archaeologist and his team have been tirelessly working to uncover an ancient site, digging deep into the sands of Egypt's Valley of the Kings. As the 120th day draws to a close and the sun sets, a shout rings out from the center of the excavation. One of the workers has uncovered the entrance to a long-lost tomb of a pharaoh. Inside the burial chamber lies an abundant collection of priceless artifacts. After the initial excitement of this extraordinary discovery subsides, a crucial question arises: What happens next? Fortunately for the archaeologist, a set of legal guidelines exists, which clearly dictates the next steps. These laws are followed by all professional archaeological teams, who also adhere to an even more stringent personal code of ethics.

The question of 'who owns archaeological artifacts' doesn't have a simple answer. Ownership rights vary from one country to another and even within regions of the same country, with each having its own set of laws surrounding cultural property. Many of these laws establish a specific cutoff year to determine whether objects belong to the state or individual finders. For example, in New Zealand, anything discovered after April 1, 1976, is considered Crown property. According to the Antiquities Act of 1975, all finds must be reported to the Ministry of Culture and Heritage within 28 days, which will decide what to do with the artifacts. If the discovery dates back to before 1976, it belongs to the individual who made the find.

Sweden has some of the most stringent and detailed regulations regarding cultural discoveries. If multiple items are found at a single location, the discovery must be reported to the authorities, with a reward offered to the finder. If only one item is discovered, it must be reported only if it contains precious metals or copper alloys. However, if the item is an ancient wooden bowl, it can be kept, sold, or handled however the finder wishes. Here's where the laws in Sweden become complicated: The landowner has minimal rights, and since trespassing laws are not enforced on private property, someone can cross into a yard, find an artifact, and claim ownership. If you discover an archaeological site on your land, you might as well be renting it from the government.

In the United States, the National Historic Preservation Act and the Archaeological Resources Protection Act work in tandem to safeguard and regulate the ownership of artifacts found within the country. These laws define what constitutes a historical or archaeological site. For a site to be considered archaeological, it must be at least 100 years old and contain remains tied to human history or activity. The laws also impose severe penalties on individuals who attempt to excavate without a permit.

Professional archaeologists support such laws as they help protect the integrity of historical sites. Archaeologists do not keep, sell, or trade the artifacts they discover. Their primary aim is to document history and, if possible, move the items to research facilities or museums for study and display. Any discovered artifacts belong to the public, and it is the responsibility of the finder to care for the item in the public's interest. If you're not an archaeologist but find an artifact in the U.S., you are required to report your discovery. Each state has an office of historical preservation or archaeology, along with a state archaeologist who can provide guidance and assistance.

History or Art?

In recent years, a growing movement has emerged where nations are demanding the return of artifacts that have been housed in museums for centuries. This shift began in 2006 when Italy's Minister of Culture initiated a campaign to have numerous archaeological pieces returned to their homeland. Other countries with a strong cultural heritage have since followed suit. For example, Egypt requested the return of the Nefertiti bust from Germany, and Peru demanded the return of artifacts from Machu Picchu from the United States.

The central questions are: Are artifacts discovered during archaeological excavations considered art or history, and should they belong to the country where they were found or to humanity at large? Art museums strongly argue that these items are art and should be made available to as many people as possible. Essentially, museums want to preserve their global collections intact. However, museums aren't the only ones at risk of losing valuable pieces. The Italian Minister of Culture pursued a private collector for a specific item and successfully reclaimed it. Naturally, the nations with the richest histories are at the forefront of this movement. The 1970 UNESCO Convention set international standards for the rights to cultural property, and although joining the convention is not mandatory, over 100 countries have adopted it. According to the convention, the ownership of these artifacts lies with the country of origin.

For reputable archaeological teams adhering to proper protocols, this is encouraging news. These laws and conventions help combat a growing issue: looting and illegal market transactions. Some archaeologists have described the looting crisis as an international emergency. When archaeological sites are looted, not only is it nearly impossible to trace the artifacts after they are sold, but the excavation site is also often irreparably damaged. In archaeology, it is crucial not just to uncover an object, but also to analyze its context and location to determine its historical significance.

Archaeologists argue that the various laws created to safeguard these sites have largely failed. Both private collectors and museums have been complicit in purchasing looted items in the past. Archaeologist David Gill from Swansea University in Wales examined Egyptian artifacts sold at auction between 1998 and 2007, and found that 95 percent of these items could not be traced back to their original locations. While this doesn't definitively prove that they were all looted, Gill believes that many of them probably were.

In archaeology, there is a general hope for a shift from the treasure hunter model back to excavations approved by, or in collaboration with, the host country or state. Some suggest alternative ways to share finds between nations, such as leasing programs. Another proposal is 'partage,' a system that was quite effective until the early 20th century. Under partage, the country where the artifacts were discovered keeps the majority, while the discoverer takes a small portion for the university or museum funding the dig. Today, the host country retains almost everything, regardless of who paid for the excavation. Regardless of the future direction of archaeology, it’s evident that the issue of antiquities ownership and the question of who controls history remains unresolved.