Museums told to ‘do the right thing’ with treasures of Empire

MUSEUMS should consider returning treasures taken during periods of British “occupation”, Arts Council England has stated in new repatriation guidance.

The body has released a new “toolkit” for handling demands for the return of artefacts in the growing number of restitution disputes.

Museum bosses deciding the ethically sound solution to disputes should give special consideration to artefacts “originally taken in ways considered unethical today, including during war, conflict or occupation”, the guidance states.

While these artefacts would be blocked from being given away under current British legislation, the Arts Council has suggested that museums could come up with alternative deals. The guidelines published yesterday state that there should be an “ethical assessment” of what to do with disputed objects, adding: “Considering a claim in accordance with ethical principles means, at its most basic level, discussing ‘the right thing to do’.”

What the right thing is should be based on “the ethics of today” and not historical ideas of morality, the guidance suggests, and if objects were acquired unethically museums should consider “appropriate” solutions including giving away objects or sharing ownership.

Greek officials have long argued that the Elgin Marbles were taken during a period of Turkish occupation in

Athens, while Nigeria’s claim to the Benin Bronzes stems from the sculptures being taken during a British raid in 1897.

These contested artworks are held in the British Museum – along with similarly disputed items like a set of holy books taken from Ethiopia.

Arts Council guidance states that if the museum is legally prevented from returning certain items, it may consider offering “outcomes other than a transfer of legal ownership”, suggesting more loan deals as a way around legal restrictions which have led to an impasse for many repatriation claims.

The document, titled Restitution and Repatriation: A Practical Guide for Museums in England, also suggests that museums could change the labelling on potentially contentious objects to state their “controversial past” and the “attitudes of those involved” in originally taking them. This follows recent “decolonisation” work which has highlighted historical racism and links to slavery.

The 34-page paper has been published amid a growing number of demands for artefacts to be returned to their countries of origin. It is aimed at helping institutions act with “transparency, collaboration and fairness”.

Alexander Herman, director of the Institute of Art and Law, which drew up the report, told The Daily Telegraph: “This will serve as much needed guidance for the museum sector, which until now has had little indication of best practice or the relevant steps to take when faced with a claim.

“With a growing number of cases in the UK and elsewhere, the time is especially ripe for such guidance.”

Museums will not be bound to follow the guidance.