Fakes are an incurable plague for the art market and though counter-measure techniques have been increasingly modernised since the second half of the 20th Century forgers have probably some more good years ahead of them.
"Whenever a Security Consultant is hired by a museum Director, the conversation inevitably turns to questions about the performance of the Security Manager. This often happens in a private meeting with the Director, at dinner, or in a preliminary or follow up phone call. Often, the Consultant is asked to prepare two versions of the report, one for the record and one for the eyes of the Director only. The reason is that the "eyes only" version gives the Consultant a chance to evaluate the Security Manager privately."
new articles will be added. suggestions are most welcome
copyright SECURMA The Netherlands
.
Security camera curbs by EU will hamper
police
By Chris Boffey
European Union: Euro myths and misunder- standings
Euro sceptic resources
THE success of closed-circuit television in tackling crime on Britain's
streets is to be hampered by the European Union.
The use of the cameras - which have had a powerful impact on town centre crime
rates - will be undermined by a directive from Brussels. The new regulation,
which must become law in member states by October next year, will not allow
criminal convictions based on video evidence alone, no matter how conclusive.
The directive will dismay police and local authorities here. The Government
has allocated £22 million in grants to install nearly 4,500 CCTV systems.
It is hoped 11,000 will be in operation within two years.
As well as the directive, plans will be unveiled in June for more legislation
to protect privacy.
Video evidence has been used in high-profile trials, most recently the rape
of an Austrian woman at King's Cross, London, and the Jamie Bulger murder
in Liverpool. Closed-circuit television is also widely used within shops and
offices to stop shoplifting and pilfering by staff.
Housing estates and city centres have invested in CCTV, giving residents greater
security and reducing vandalism. In Newcastle upon Tyne 1,000 of 1,800 people
arrested after being caught on CCTV went to trial. Most pleaded guilty.
Police say that the use of closed-circuit video evidence often persuades a
suspect that he has no alternative but to confess. "If the suspects know that
the evidence cannot be used on its own they will just stay quiet and will
make our job more difficult or even impossible," said a police spokesman.
Another officer said: "We are aware that there may be a need for some sort
of guidelines where the videos are being used within offices, but the police
have to have every weapon at their disposal to combat crime."
In June, the European Parliament technology assessment office, concerned at
what it calls "the routine surveillance of large segments of the population",
will demand that its members' committee on civil liberties address the future
use of CCTV. Its report will also urge the European Commission to make sure
all operators of CCTV adopt a standard code of practice.
The code will say that video tapes are only used for their stated purpose.
In shops it would be to monitor pilfering, not to check if the assistants
are working hard enough.
A spokesman for a CCTV company said: "There is one case of an executive on
a diet being caught virtually every day pinching the odd chip whilst buying
a salad in the staff canteen and then being charged at the end of the week
for a portion of chips based on video evidence. Whilst this is technically
theft, it does not help staff and management relationships."
April 20 1997
.
Copyright:
http://www.pch.gc.ca/cci-icc/english/research/prevent.HTM
The chart was initially developed by Stefan Michalski to help individuals
assess the dangers to their collections objectively. Since the 1960s, conservators
have been concerned about the museum environment, in particular about relative
humidity, light levels, pollution, and temperature. Pests are also a concern,
but often are considered separately from environmental factors. However, none
of these factors had traditionally been grouped with other serious threats
to a collection, such as breakage, theft, fire, or water damage. The "Framework for Preservation of Museum Collections" consists of a 9 row
by 7 column matrix. Along the left-hand side of the chart, various threats
to museum collections are grouped into nine agents of deterioration: direct
physical forces; thieves, vandals, and displacers; fire; water; pests; contaminants;
radiation; incorrect temperature; and incorrect relative humidity. The type
of museum object that is vulnerable to each agent is identified, along with
the type of damage that can occur. The columns outline methods of control
that can be carried out at each of three different levels or scales: the building
(architectural or engineering elements), portable fittings (items or modifications
that are generally purchased on an operating budget), and procedures (actions
that can be carried out by museum staff). Control at the building or portable
fittings level is further broken down into actions that are suitable for storage,
display, or transit situations. Each cell of the matrix lists stages for controlling
an agent of deterioration under five general headings: avoid, block, detect,
respond, and recover/treat.
In this article, I will restrict my discussion to the principal agents of
deterioration that are outlined in the Framework, and will discuss some examples
of how the Framework might be used.
Fire obviously poses a threat to all museum collections, although organic
artifacts are particularly vulnerable. In addition, smoke from fires poses
a particular threat, especially to porous specimens. Although fires are infrequent,
they result in massive loss and extensive damage.
Water is a major threat to museum collections because of leaking roofs,
skylights, or water pipes. Flooding or fire suppression equipment may also
cause water damage. Porous organic materials, metals, and composite materials
(i.e., materials that are layered or joined) are particularly susceptible
to water damage. In addition, many artifacts have some component that is wholly
or partially soluble in water.
There is an obvious relationship between the risks from the threat of fire
and the risks of water damage from having a sprinkler fire suppression system.
Although the risk of a sprinkler malfunction may be greater than that of a
fire, the damage caused by a fire is much more extensive and devastating to
the collection than that caused by water. The Fire Protection Advisor at Heritage
Services, CCI, who has inspected hundreds of museums and has seen the results
of a number of museum fires, strongly recommends installing sprinkler systems.
The agent of pests includes attack by insects, vermin, or mould. The threat
here is primarily to organic materials, which can be damaged either because
they are a food source to the pest or because they represent a barrier that
the pest wants to cross. Damage can be extensive if pests become established
(i.e., begin to live, eat, excrete, and die) in the museum collection. Problems
with mould and microbes are related to problems with relative humidity.
Contaminants is the term used to describe chemical agents from the museum
environment that can cause some alteration of museum objects. Contaminants
can be in the form of gases, liquids, or solids. Gaseous contaminants are
frequently considered to be pollutants, although the source of the gas may
be external industrial and vehicle emissions (e.g., sulphur dioxide or nitrogen
dioxide), gases emitted by materials within the museum (e.g., vapours given
off by wood, coatings, or other artifacts), or oxygen present in the atmosphere.
Liquids that might contaminate museum objects include plasticizers migrating
from plastics, and grease deposited by improper handling. The most common
solid contaminants are salt (either airborne or from handling) and dust. Contaminants
can result in complete destruction of an artifact over a prolonged period
of time, but more often result in some disfigurement of the artifact.
Radiation includes ultraviolet and visible light. Ultraviolet radiation
can cause disintegration and discoloration of the outer layers of organic
objects, and visible light can cause fading (or, less often, darkening) of
the outer layers of coloured components in artifacts. Ultraviolet light is
not necessary for humans to view museum objects, and so should be avoided
or eliminated in museum display and storage areas. Some visible light is necessary
to allow visitors to see objects on display, but this must be balanced against
the stability of the colorants in the objects. Fugitive colorants will change
noticeably after just a few years of display, even if they are displayed at
low light levels (50 lux). Light damage will not cause complete physical destruction
of an artifact, but can affect the relevance of or the interest in an object
and can reduce its value considerably. Discoloration caused by light damage
cannot be repaired or reversed.
Temperature is a measure of a physical property and by itself cannot directly
cause damage to museum objects. However, damage to museum collections does
result from incorrect temperatures, which can be broken down into three different
types: temperatures that are too high, too low, or fluctuating. High temperature
can result in accelerated degradation rates of chemically unstable components,
low temperature can cause embrittlement of some materials, and fluctuating
temperatures can cause materials to fracture or delaminate. Although temperature
levels within museums are usually dictated by human comfort levels, low-temperature
storage areas are used for certain unstable artifacts such as colour photographs.
Temperature can be very important in determining the useful life of chemically
unstable artifacts such as photographic films and acidic paper.
Incorrect relative humidity can be broken down into four subgroups: damp
(over 75%), above or below a critical value, above 0%, and fluctuations. Mould
growth can occur when the relative humidity is over about 75%, and certain
minerals or contaminated metals deteriorate above or below critical relative
humidity values. Some chemical deterioration reactions slow as the relative
humidity is reduced, and stop when the relative humidity drops to 0%. Relative
humidity fluctuations cause swelling or shrinkage of organic components, which
can result in fracture, crushing, or delamination of organic components. Although
incorrect relative humidity can result in considerable damage to vulnerable
artifacts, in most cases it does not lead to complete destruction of artifacts.
We have found the "Framework for Preservation of Museum Collections" to
be an extremely useful tool in assessing the risks posed by particular situations.
The Framework's usefulness is not only due to its comprehensive nature, but
also because it identifies potential areas of risk rather than directly identifying
deficiencies.
If the large institution is concerned about direct physical damage occurring
during transit and handling, it may be possible to arrange for staff from
the large museum to deliver and install the works. Security will clearly be
a major concern, so arrangements must be made for securing the museum building,
for exhibiting the works (i.e., display case, alarms), and for the presence
of security personnel. Concerns about fire suppression, leaky roofs, and pest
control will have to be discussed. Because the works in question are on untinted
rag paper and are in stable condition, light levels are not a major concern
within the range of 50 lux to 300 lux, as long as the ultraviolet component
is filtered out. A discussion of the temperature and relative humidity within
the borrowing museum shows that the temperature control is moderately good
(between 18oC and 24oC), but that the relative humidity can only be maintained
at 25%. Because the works are properly hinged and matted and because no thick
paints are present, this will not pose any serious risk. Therefore, it may
turn out that the only major risk that needs to be addressed is security.
Further discussion between the borrowing institution, the reluctant curator,
the director, the conservator, and possibly a security expert may be necessary
to determine whether or not this risk can be safely controlled. No matter
what the outcome, at least the decision will have been made on a factual,
rational basis that can be clearly understood by all involved.
http://www.icom.org/ICOM/ethics:
1. Definitions 1.2. Museum 1.3. The Museum Profession 1.4. Governing Body
2.2. Constitution 2.3. Finance 2.4. Premises 2.5. Personnel 2.6. Educational and Community Role of the Museum 2.7. Public Access 2.8. Displays, Exhibitions and Special Activities 2.9. Commercial Support and Sponsorship 2.10. Museum Shops and Commercial Activities 2.11. Legal Obligation 3. Acquisitions to Museum Collections 3.2. Acquisition of Illicit Material 3.3. Field Study and Collecting 3.4. Co-operation between Museums in Collecting Policies 3.5. Conditional Acquisitions and other Special Factors 3.6. Loans to Museums 4. Disposal of Collections 4.2. Legal or other Powers of Disposal 4.3. De-accessioning Policies and Procedures 4.4. Return and Restitution of Cultural Property
5.2. Personal conduct 5.3. Private Interests 6. Personal Responsibility to the Collections 6.2. Care of Collections 6.3. Conservation and Restoration of Collections 6.4. Documentation of Collections 6.5. De-accessioning and Disposals from the Collections 6.6. Welfare of Live Animals 6.7. Human Remains and Material of Ritual Significance 6.8. Private Collections 7. Personal Responsibility to the Public 7.2. Relations with the General Public 7.3. Confidentiality 8. Personal Responsibility to Colleagues and the Profession 8.2. Professional Co-operation 8.3. Dealing 8.4. Other Potential Conflicts of Interest 8.5. Authentication, Valuation and Illicit Material 8.6. Unprofessional Conduct
Steve Keller, chair of the sub-committee studying possible changes to the
Guidelines, has submitted a draft recommendation to Bob Koverman for distribution
to the Committee. The draft is the primary work of Tom Previs and Keller.
Previs is the ASIS committee's liason with Underwriters' Laboratories and
a member of the ASIS standing committee. He is well known to many museum security
directors as the insurance consultant who inspects them periodically. ASIS
committee members received their copy of the draft the week of January 20.
Jim Davis will discuss the issue at the MASC meeting, and how the committee
reacts will depend upon whether the ASIS committee rejects the draft, accepts
it without changes, or makes modifications.
For the benefit of the MASC Committee members, the draft submitted to the
ASIS committee by Steve Keller and Tom Previs reads as follows: Proposed Wording Amend Section 6.22 as follows: I am also proposing the addition of a new item as a result of the UL changes.
New Item Wording (there is no original wording as this is a new item): I am recommending one other change not related to the UL standards change.
It involves policies and procedures:
1.Long experience has shown that variations from normal security and operational
routines in museums and art galleries arising from contractors' work such
as building alterations, extensions, display and exhibition installation,
and building maintenance work, all significantly increase the risks to the
collections, services and safety, particularly the risk of theft, burglary
and accidental damage.
2.The Museums Association believes that museums and galleries now need clear
guidance on the management and security supervision of all contract work,
especially in the view of the likely increase in the use of `outside' contractors
for a widening range of museum operations that are currently carried out mainly
by directly controlled employees. Particularly relevant at the present time
are the results of the introduction of Compulsory Competitive Tendering in
local government museums and the suggested wider use of commercial security
organisations for at least part of the security cover in museums and exhibitions
generally.
3.The Association cannot constitutionally take what might be regarded as
a political stance on whether or not compulsory or voluntary contracting out
is a good or bad thing for museums and galleries in itself. However the Association
considers that in the case of both traditional use of contractors, such as
for building and services maintenance work and the in the newer areas of Compulsory
Competitive Tendering, it should offer its members and the museums movement
generally clear guidance on the precautions that need to be taken to minimise
the risk to the museum or gallery and its collections.
4.Further, it should be emphasised that the advice in these Guidelines should
be applied equally, and even-handedly, not just to `outside' commercial organisations
but also to contracts carried out by any other body that is outside the direct
control of the museum or gallery director/curator (or most senior professional
museum officer where the museum is part of a larger organisation such as a
local authority Leisure Department). Consequently, these Guidelines should
be used in the case of work carried out by a local authority-wide Direct Labour
or Direct Service Organisation, or by contractors or staff employed to work
in the museum or gallery by an Area Museum Service.
5.These Guidelines, adopted by the Annual General Meeting of The Museums
Association on 22 September 1989 are therefore presented to all museum governing
bodies and the museum profession with a view to the relevant provision in
any particular case being incorporated in all appropriate contracts in the
future.
2. Previous relevant advice of the Association and of the Museums and Galleries
Commission
1.The Association's Code of Practice for Museum Authorities (1977, with
various amendments up to 1987) provides (para.3.4): 2.The Association's Code of Conduct for Museum Curators (1984, with various
amendments up to 1987) provides (Rule 1.2): 3.In its Guidelines for a Registration Scheme for Museums in the United
Kingdom the Museums and Galleries Commission has stressed that it is fundamental
to the definition of a museum that Preserves includes all aspects of conservation
and security (para.7.d) and that "all reasonable steps should be taken to
preserve the collections" (para. 21).
3. General working arrangements
1.All relevant curatorial, conservation, exhibition, design/display and
security staff should be adequately consulted and briefed in relation to the
proposed contract or other works as early as possible, in order to enable
all appropriate measures needed to protect collections, display and other
services to be taken in advance of and/or during the contract work. Such necessary
arrangements may involve the closure of the relevant areas of the building,
temporary removal of collections and displays etc.
2.The contract should make it clear that under no circumstances should the
contractor's workers move or attempt to move or handle any specimen, work
of art or showcase except by special arrangement, and then only under close
professional supervision.
3.Access and exit routes to and from the working area or areas should be
specified in detail and strictly adhered to by the workers of the contractor,
together with those of any sub-contractor and delivery service. The museum
or gallery will need to assess access and/or exit routes carefully to ensure
that there is sufficient space for workers, materials and large items of equipment
(e.g. ladders) to be carried or otherwise moved safely through the museum
without risk to the collections. Again making sufficient space for this may
require the partial or full removal of displayed or stored collections, works
of arts, showcases etc.
4.Proper arrangements should be agreed and specified for the contractor's
equipment, tools and materials. In some cases it may be possible to accommodate
all or part of these within the museum building, but in other cases outside
storage will be required. Under no circumstances should a contractor be permitted
to leave specially hazardous materials such as inflammable material, bottled
gas etc. in the museum or gallery overnight: the contract must insist that
all such materials are removed from the building to secure storage at the
end of each working day.
5.The contractor and any sub-contractors must have adequate public liability
and third party insurance and the details of these need to be closely checked.
Because so many museums are housed in significant historic buildings with
potentially very high rebuild/reinstatement costs, and also contained collections
of high monetary value, it may well be that the standard third party insurance
cover of the average building or similar contractor will be much too low and
consequently will need to be increased for that particular job.
6.The contract need to include effective sanctions that can be applied in
the event of the contractor or sub-contractor failing to comply with the special
security and safety conditions, including the right of the museum or gallery
to terminate the contract completely in the event of a serious breach of these.
4. Contractor's staff
1.The contract should require the contractor to take all reasonable and
prudent steps to confirm the identity and verify the honesty and suitability
of workers engaged regularly or longer-term, in maintenance, cleaning, catering,
security etc. contracts within the museum or gallery, and the contractor should
disclose to the museum and the museum's insurers any relevant adverse reports
such as criminal convictions for dishonesty, theft or burglary etc. 5. Security etc. Arrangements
1.So far as is reasonably practicable, the areas of the building in which
the works etc. are to take place should be isolated from the rest of the museum
or gallery building. Where pass key arrangements are in operation it may well
be desirable to isolate the contractor's permitted area of work from the rest
of the building by a temporary change of locks. Alternatively, a number of
museums as a matter of good security practice automatically assume that the
integrity of their key security system may have been compromised during major
building etc. works, and automatically change the pass keys and locks at the
end of such works. Patrick Boylan: P.Boylan@city.ac.uk (c) The Museums Association 19 July
1996
Accordingly, the Conference recommends that NATO and its PfP partners, following
the Cracow Conference, explore the possibility of further co-operation with
UNESCO and with the International Committee of the Blue Shield to improve
and promote the implementation of existing instruments, to improve national
and local preparedness and response capability through, among others, training,
adequate risk analysis taking into account heritage and cultural values, and
better communication between responsible authorities, in order to reduce the
losses of cultural heritage in the event of emergencies of human or natural
origin.
Furthermore: This communiqué was adopted by the participants of the conference on 21
June 1996 in Cracow.
Agents of Deterioration
The nine agents of deterioration group together various active agents that threaten
museum collections. The relative order of importance of these agents was generally
determined by the severity of damage that each inflicts on an object and by
the overall likelihood of this damage occurring. The actual order of importance
of the agents may differ for a given institution or for a particular situation.
Direct physical forces can be either sudden and catastrophic or long-term and
gradual. Sudden damage usually results from a shock to the artifact while it
is being handled or moved, during collapse of shelving or supports, or as a
result of earthquakes or war. Long-term exposure to some force may result in
the deformation of an object, and may be due to inadequate support in display
or storage or to artifacts having been stacked. Vibration can also cause damage
to artifacts in the short term or the long term, depending on the circumstances.
The most common damages in this category result from improper handling procedures,
and the type of damage varies from complete loss of the artifact to minor damage
that can be repaired. Most museum artifacts are vulnerable to this type of direct
physical force.
Most of the risks in the category of thieves, vandals, and displacers are traditionally
covered by museum security services in large institutions. Thieves obviously
are a great concern because museum objects have a high value, their location
and existence are well known, and if an object is stolen the loss is total.
Vandals tend to attack high-profile or noticeable items, and often inflict severe
damage. The agent "displacers" addresses the problem of artifacts that are misplaced
within the museum; this is usually done inadvertently by staff members in storage
areas. If an artifact or specimen has been misplaced and cannot be found, the
effect is the same as a theft.
Example 1
Consider a hypothetical situation where a large gallery receives a loan request
from a small community museum nearby for a series of graphite pencil sketches
on white rag paper that are of particular historical significance to the district.
To make the situation more interesting, suppose that the director of the large
gallery would like to agree to the loan but the curator involved has grave concerns
about the risks to the works of art, and that the conservator is receiving subtle
pressure from both sides. One method of resolving this predicament would be
for the conservator to meet with the responsible person from the requesting
institution and to use the Framework to describe the range of potential dangers
to the works of art, identify the agents of deterioration that are pertinent
in this situation, and then find ways of reducing the risks.
Example 2
Museums are under increasing pressure to allow more public access to their collections.
The Framework may be useful in addressing the risks involved with this access.
Let us consider another hypothetical situation where a curator is planning to
include a number of pieces of 19th- and 20th-century furniture in a public session
to let members of the public interact more closely with the collection. In addition
to security and transit concerns, there may be an increased risk of artifacts
being broken and contaminated (i.e., soiled) due to improper or unauthorized
handling. Also, in this case, it is possible that a number of the pieces are
quite vulnerable to relative humidity fluctuations, in which case humidity control
is essential. All of these considerations may result in a decision to have the
public session take place in an available gallery within the museum rather than
in some outside location.
Conclusion
The nine agents of deterioration outlined on the "Framework for Preservation
of Museum Collections" make up a comprehensive list of the various situations
that can threaten museum, gallery, or archival collections. CCI staff members
have found the Framework to be an extremely useful tool for identifying risks
to museum collections and for suggesting appropriate methods of control. For
a copy of the "Framework for Preservation of Museum Collections," please contact
Extension Services at CCI.
http://www.xs4all.nl/~securma
ICOM CODE OF PROFESSIONAL ETHICS
I. PREAMBLE
The ICOM Code of Professional Ethics was adopted unanimously by the 15th General
Assembly of ICOM meeting in Buenos Aires, Argentina on 4 November 1986.
It provides a general statement of professional ethics, respect for which is
regarded as a minimum requirement to practise as a member of the museum profession.
In many cases it will be possible to develop and strengthen the Code to meet
particular national or specialized requirements and ICOM wishes to encourage
this. A copy of such developments of the Code should be sent to the Secretary
General of ICOM, Maison de l'UNESCO, 1 rue Miollis, 75732 Paris Cedex 15, France.
For the purposes of Articles 2 para. 2, 9 para. 1(d), 14 para. 17(b), 15 para.
7(c), 17 para. 12(e) and 18 para. 7(d) of the ICOM Statutes, this Code is deemed
to be the statement of professional ethics referred to therein.
1.1. The International Council of Museums (ICOM)
ICOM is defined in Article 1 para. 1 of its Statutes as "the international
non-governmental organization of museums and professional museum workers established
to advance the interests of museology and other disciplines concerned with
museum management and operations."
The objectives of ICOM, as defined in Article 3 para. 1 of its Statutes, are:
"(a) To encourage and support the establishment, development and professional
management of museums of all kinds;
(b) To advance knowledge and understanding of the nature, functions and role
of museums in the service of society and of its development;
(c) To organize co-operation and mutual assistance between museums and between
professional museum workers in the different countries;
(d) To represent, support and advance the interests of professional museum
workers of all kinds;
(e) To advance and disseminate knowledge in museology and other disciplines
concerned with museum management and operations."
A museum is defined in Article 2 para. 1 of the Statutes of the International
Council of Museums as "a non-profit making, permanent institution in the service
of society and of its development, and open to the public which acquires,
conserves, researches, communicates and exhibits, for purposes of study, education
and enjoyment, material evidence of people and their environment."
(a) The above definition of a museum shall be applied without limitation arising
from the nature of the governing body, the territorial character, the functional
structure or the orientation of the collections of the institution concerned.
(b) In addition to institutions designated as `museums' the following qualify
as museums for the purposes of this definition:
(i) natural, archaeological and ethnographic monuments and sites of a museum
nature that acquire, conserve and communicate material evidence of people
and their environment;
(ii) institutions holding collections of and displaying live specimens of
plants and animals, such as botanical and zoological gardens, aquaria and
vivaria;
(iii) science centres and planetaria;
(iv) conservation institutes and exhibition galleries permanently maintained
by libraries and archive centres;
(v) nature reserves;
(vi) such other institutions as the Executive Council, after seeking the advice
of the Advisory Committee, considers as having some or all of the characteristics
of a museum, or as supporting museums and professional museum workers through
museological research, education or training."
ICOM defines the members of the museum profession, under Article 2, para.
2 of its Statutes, as follows: "Professional museum workers include all the
personnel of museums or institutions qualifying as museums in accordance with
the definition in Article 2 para. 1 (as detailed under para. 1.2 above), having
received specialized training, or possessing an equivalent practical experience,
in any field relevant to the management and operations of a museum, and privately
or self-employed persons practicing in one of the museological professions
and who respect the ICOM Code of Professional Ethics."
The government and control of museums in terms of policy, finance and administration
etc., varies greatly from one country to another, and often from one museum
to another within a country according to the legal and other national or local
provisions of the particular country or institution.
In the case of many national museums, the Director, Curator or other professional
head of the museum may be appointed by, and directly responsible to, a Minister
or a Government Department, whilst most local government museums are similarly
governed and controlled by the appropriate local authority. In many other
cases the government and control of the museum is vested in some form of independent
body, such as a board of trustees, a society, a non-profit company, or even
an individual. For the purposes of this Code the term "Governing Body" has
been used throughout to signify the superior authority concerned with the
policy, finance and administration of the museum. This may be an individual
Minister or official, a Ministry, a local authority, a Board of Trustees,
a Society, the Director of the museum or any other individual or body. Directors,
Curators or other professional heads of the museum are responsible for the
proper care and management of the museum.
II. INSTITUTIONAL ETHICS
2. Basic Principles for Museum Governance
2.1. Minimum Standards for Museums
The governing body or other controlling authority of a museum has an ethical
duty to maintain, and if possible enhance, all aspects of the museum, its collections
and its services. Above all, it is the responsibility of each governing body
to ensure that all of the collections in their care are adequately housed, conserved
and documented.
The minimum standards in terms of finance, premises, staffing and services will
vary according to the size and responsibilities of each museum. In some countries
such minimum standards may be defined by law or other government regulation,
and, in others, guidance on and assessment of minimum standards is available
in the form of "Museum Accreditation" or similar schemes. Where such guidance
is not available locally, it can usually be obtained from appropriate national
and international organizations and experts, either directly or through the
National Committee or appropriate International Committee of ICOM.
Each museum should have a written constitution or other document setting out
clearly its legal status and permanent, non-profit nature, drawn up in accordance
with appropriate national laws in relation to museums, the cultural heritage,
and non-profit institutions. The governing body or other controlling authority
of a museum should prepare and publicize a clear statement of the aims, objectives
and policies of the museum, and of the role and composition of the governing
body itself.
The governing body holds the ultimate financial responsibility for the museum
and for the protecting and nurturing of its various assets: the collections
and related documentation, the premises, facilities and equipment, the financial
assets, and the staff. It is obliged to develop and define the purposes and
related policies of the institution, and to ensure that all of the museum's
assets are properly and effectively used for museum purposes. Sufficient funds
must be available on a regular basis, either from public or private sources,
to enable the governing body to carry out and develop the work of the museum.
Proper accounting procedures must be adopted and maintained in accordance
with the relevant national laws and professional accountancy standards.
The board has especially strong obligations to provide accommodation giving
a suitable environment for the physical security and preservation of the collections.
Premises must be adequate for the museum to fulfil within its stated policy
its basic functions of collection, research, storage, conservation, education
and display, including staff accommodation, and should comply with all appropriate
national legislation in relation to public and staff safety. Proper standards
of protection should be provided against such hazards as theft, fire, flood,
vandalism and deterioration, throughout the year, day and night. The special
needs of disabled people should be provided for, as far as practicable, in
planning and managing both buildings and facilities.
The governing body has a special obligation to ensure that the museum has
staff sufficient in both number and kind to ensure that the museum is able
to meet its responsibilities. The size of the staff, and its nature (whether
paid or unpaid, permanent or temporary), will depend on the size of the museum,
its collections and its responsibilities. However, proper arrangements should
be made for the museum to meet its obligations in relation to the care of
the collections, public access and services, research, and security.
The governing body has particularly important obligations in relation to the
appointment of the director of the museum, and whenever the possibility of
terminating the employment of the director arises, to ensure that any such
action is taken only in accordance with appropriate procedures under the legal
or other constitutional arrangements and policies of the museum, and that
any such staff changes are made in a professional and ethical manner, and
in accordance with what is judged to be the best interests of the museum,
rather than any personal or external factor or prejudice. It should also ensure
that the same principles are applied in relation to any appointment, promotion,
dismissal or demotion of the personnel of the museum by the director or any
other senior member of staff with staffing responsibilities.
The governing body should recognize the diverse nature of the museum profession,
and the wide range of specializations that it now encompasses, including conservator/restorers,
scientists, museum education service personnel, registrars and computer specialists,
security service managers, etc. It should ensure that the museum both makes
appropriate use of such specialists where required and that such specialized
personnel are properly recognized as full members of the professional staff
in all respects.
Members of the museum profession require appropriate academic, technical and
professional training in order to fulfil their important role in relation
to the operation of the museum and the care for the heritage, and the governing
body should recognize the need for, and value of, a properly qualified and
trained staff, and offer adequate opportunities for further training and re-training
in order to maintain an adequate and effective workforce.
A governing body should never require a member of the museum staff to act
in a way that could reasonably be judged to conflict with the provisions of
this Code of Ethics, or any national law or national code of professional
ethics.
The Director or other chief professional officer of a museum should be directly
responsible to, and have direct access to, the governing body in which trusteeship
of the collections is vested.
By definition, a museum is an institution in the service of society and of
its development, and is generally open to the public (even though this may
be a restricted public in the case of certain very specialized museums, such
as certain academic or medical museums, for example).
The museum should take every opportunity to develop its role as an educational
resource used by all sections of the population or specialized group that
the museum is intended to serve. Where appropriate in relation to the museum's
programme and responsibilities, specialist staff with training and skills
in museum education are likely to be required for this purpose.
The museum has an important duty to attract new and wider audiences within
all levels of the community, locality or group that the museum aims to serve,
and should offer both the general community and specific individuals and groups
within its opportunities to become actively involved in the museum and to
support its aims and policies.
The general public (or specialized group served, in the case of museums with
a limited public role), should have access to the displays during reasonable
hours and for regular periods. The museum should also offer the public reasonable
access to members of staff by appointment or other arrangement, and full access
to information about the collections, subject to any necessary restrictions
for reasons of confidentiality or security as discussed in para. 7.3 below.
Subject to the primary duty of the museum to preserve unimpaired for the future
the significant material that comprises the museum collections, it is the
responsibility of the museum to use the collections for the creation and dissemination
of new knowledge, through research, educational work, permanent displays,
temporary exhibitions and other special activities. These should be in accordance
with the stated policy and educational purpose of the museum, and should not
compromise either the quality or the proper care of the collections. The museum
should seek to ensure that information in displays and exhibitions is honest
and objective and does not perpetuate myths or stereotypes.
Where it is the policy of the museum to seek and accept financial or other
support from commercial or industrial organizations, or from other outside
sources, great care is needed to define clearly the agreed relationship between
the museum and the sponsor. Commercial support and sponsorship may involve
ethical problems and the museum must ensure that the standards and objectives
of the museum are not compromised by such a relationship.
Museum shops and any other commercial activities of the museum, and any publicity
relating to these, should be in accordance with a clear policy, should be
relevant to the collections and the basic educational purpose of the museum,
and must not compromise the quality of those collections. In the case of the
manufacture and sale of replicas, reproductions or other commercial items
adapted from an object in a museum's collection, all aspects of the commercial
venture must be carried out in a manner that will not discredit either the
integrity of the museum or the intrinsic value of the original object. Great
care must be taken to identify permanently such objects for what they are,
and to ensure accuracy and high quality in their manufacture. All items offered
for sale should represent good value for money and should comply with all
relevant national legislation.
It is an important responsibility of each governing body to ensure that the
museum complies fully with all legal obligations, whether in relation to national,
regional or local law, international law or treaty obligations, and to any
legally binding trusts or conditions relating to any aspect of the museum
collections or facilities.
3.1. Collecting Policies
Each museum authority should adopt and publish a written statement of its
collecting policy. This policy should be reviewed from time to time, and at
least once every five years. Objects acquired should be relevant to the purpose
and activities of the museum, and be accompanied by evidence of a valid legal
title. Any conditions or limitations relating to an acquisition should be
clearly described in an instrument of conveyance or other written documentation.
Museums should not, except in very exceptional circumstances, acquire material
that the museum is unlikely to be able to catalogue, conserve, store or exhibit,
as appropriate, in a proper manner. Acquisitions outside the current stated
policy of the museum should only be made in very exceptional circumstances,
and then only after proper consideration by the governing body of the museum
itself, having regard to the interests of the objects under consideration,
the national or other cultural heritage and the special interests of other
museums.
The illicit trade in objects destined for public and private collections encourages
the destruction of historic sites, local ethnic cultures, theft at both national
and international levels, places at risk endangered species of flora and fauna,
and contravenes the spirit of national and international patrimony. Museums
should recognize the relationship between the market place and the initial
and often destructive taking of an object for the commercial market, and must
recognize that it is highly unethical for a museum to support in any way,
whether directly or indirectly, that illicit market.
A museum should not acquire, whether by purchase, gift, bequest or exchange,
any object unless the governing body and responsible officer are satisfied
that the museum can acquire a valid title to the specimen or object in question
and that in particular it has not been acquired in, or exported from, its
country of origin and/or any intermediate country in which it may have been
legally owned (including the museum's own country), in violation of that country's
laws.
So far as biological and geological material is concerned, a museum should
not acquire by any direct or indirect means any specimen that has been collected,
sold or otherwise transferred in contravention of any national or international
wildlife protection or natural history conservation law or treaty of the museum's
own country or any other country except with the express consent of an appropriate
outside legal of governmental authority.
So far as excavated material is concerned, in addition to the safeguards set
out above, the museum should not acquire by purchase objects in any case where
the governing body or responsible officer has reasonable cause to believe
that their recovery involved the recent unscientific or intentional destruction
or damage of ancient monuments or archaeological sites, or involved a failure
to disclose the finds to the owner or occupier of the land, or to the proper
legal or governmental authorities.
If appropriate and feasible, the same tests as are outlined in the above four
paragraphs should be applied in determining whether or not to accept loans
for exhibition or other purposes.
Museums should assume a position of leadership in the effort to halt the continuing
degradation of the world's natural history, archaeological, ethnographic,
historic and artistic resources. Each museum should develop policies that
allow it to conduct its activities within appropriate national and international
laws and treaty obligations, and with a reasonable certainty that its approach
is consistent with the spirit and intent of both national and international
efforts to protect and enhance the cultural heritage.
Field exploration, collecting and excavation by museum workers present ethical
problems that are both complex and critical. All planning for field studies
and field collecting must be preceded by investigation, disclosure and consultation
with both the proper authorities and any interested museums or academic institutions
in the country or area of the proposed study sufficient to ascertain if the
proposed activity is both legal and justifiable on academic and scientific
grounds. Any field programme must be executed in such a way that all participants
act legally and responsibly in acquiring specimens and data, and that they
discourage by all practical means unethical, illegal and destructive practices.
Each museum should recognize the need for co-operation and consultation between
all museums with similar or overlapping interests and collecting policies,
and should seek to consult with such other institutions both on specific acquisitions
where a conflict of interest is thought possible and, more generally, on defining
areas of specialization. Museums should respect the boundaries of the recognized
collecting areas of other museums and should avoid acquiring material with
special local connections or of special local interest from the collecting
area of another museum without due notification of intent.
Gifts, bequests and loans should only be accepted if they conform to the stated
collecting and exhibition policies of the museum. Offers that are subject
to special conditions may have to be rejected if the conditions proposed are
judged to be contrary to the long-term interests of the museum and its public.
Both individual loans of objects and the mounting or borrowing of loan exhibitions
can have an important role in enhancing the interest and quality of a museum
and its services. However, the ethical principles outlined in paras. 3.1 to
3.5 above must apply to the consideration of proposed loans and loan exhibitions
as to the acceptance or rejection of items offered to the permanent collections:
loans should not be accepted nor exhibitions mounted if they do not have a
valid educational, scientific or academic purpose.
3.7. Conflicts of Interest
The collecting policy or regulations of the museum should include provisions
to ensure that no person involved in the policy or management of the museum,
such as a trustee or other member of a governing body, or a member of the
museum staff, may compete with the museum for objects or may take advantage
of privileged information received because of his or her position, and that
should a conflict of interest develop between the needs of the individual
and the museum, those of the museum will prevail. Special care is also required
in considering any offer of an item either for sale or as a tax-benefit gift,
from members of governing bodies, members of staff, or the families or close
associates of these.
4.1. General Presumption of Permanence of Collections
By definition one of the key functions of almost every kind of museum is to
acquire objects and keep them for posterity. Consequently, there must always
be a strong presumption against the disposal of specimens to which a museum
has assumed formal title. Any form of disposal, whether by donation, exchange,
sale or destruction requires the exercise of a high order of curatorial judgement
and should be approved by the governing body only after full expert and legal
advice has been taken.
Special considerations may apply in the case of certain kinds of specialized
institutions such as "living" or "working" museums, and some teaching and
other educational museums, together with museums and other institutions displaying
living specimens, such as botanical and zoological gardens and aquaria, which
may find it necessary to regard at least part of their collections as "fungible"
(i.e. replaceable and renewable). However, even here there is a clear ethical
obligation to ensure that the activities of the institution are not detrimental
to the long-term survival of examples of the material studied, displayed or
used.
The laws relating to the protection and permanence of museum collections,
and to the power of museums to dispose of items from their collection vary
greatly from country to country, and often from one museum to another within
the same country. In some cases no disposals of any kind are permitted, except
in the case of items that have been seriously damaged by natural or accidental
deterioration. Elsewhere, there may be no explicit restriction on disposals
under general law.
Where the museum has legal powers permitting disposals, or has acquired objects
subject to conditions of disposal, the legal or other requirements and procedures
must be fully complied with. Even where legal powers of disposal exist, a
museum may not be completely free to dispose of items acquired: where financial
assistance has been obtained from an outside source (e.g. public or private
grants, donations from a Friends of the Museum organization, or private benefactor),
disposal would normally require the consent of all parties who had contributed
to the original purchase.
Where the original acquisition was subject to mandatory restrictions these
must be observed unless it can be clearly shown that adherence to such restrictions
is impossible or substantially detrimental to the institution. Even in these
circumstances the museum can only be relieved from such restrictions through
appropriate legal procedures.
Where a museum has the necessary legal powers to dispose of an object the
decision to sell or otherwise dispose of material from the collections should
only be taken after due consideration, and such material should be offered
first, by exchange, gift or private treaty sale, to other museums before sale
by public auction or other means is considered. A decision to dispose of a
specimen or work of art, whether by exchange, sale or destruction (in the
case of an item too badly damaged or deteriorated to be restorable) should
be the responsibility of the governing body of the museum, not of the curator
of the collection concerned acting alone. Full records should be kept of all
such decisions and the objects involved, and proper arrangements made for
the preservation and/or transfer, as appropriate, of the documentation relating
to the object concerned, including photographic records where practicable.
Neither members of staff, nor members of the governing bodies, or members
of their families or close associates, should ever be permitted to purchase
objects that have been de-accessioned from a collection. Similarly, no such
person should be permitted to appropriate in any way items from the museum
collections, even temporarily, to any personal collection or for any kind
of personal use.
If a museum should come into possession of an object that can be demonstrated
to have been exported or otherwise transferred in violation of the principles
of the UNESCO, "Convention on the Means of Prohibiting and Preventing the
Illicit Import, Export and Transfer of Ownership of Cultural Property", (1970)
and the country of origin seeks its return and demonstrates that it is part
of the country's cultural heritage, the museum should, if legally free to
do so, take responsible steps to cooperate in the return of the object to
the country of origin.
In the case of requests for the return of cultural property to the country
of origin, museums should be prepared to initiate dialogues with an open-minded
attitude on the basis of scientific and professional principles (in preference
to action at a governmental or political level). The possibility of developing
bilateral or multilateral co-operation schemes to assist museums in countries
which are considered to have lost a significant part of their cultural heritage
in the development of adequate museums and museum resources should be explored.
Museums should also respect fully the terms of the, "Convention of Cultural
Property in the Event of Armed Conflict", (The Hague Convention, 1954) and
in support of this Convention, should in particular abstain from purchasing
or otherwise appropriating or acquiring cultural objects from any occupied
country, as these will in most cases have been illegally exported or illicitly
removed.
Any moneys received by a governing body from the disposal of specimens or works
of art should be applied solely for the purchase of additions to the museum
collections.
III. PROFESSIONAL CONDUCT
5. General Principles 5.1. Ethical Obligations of Members of the Museum Profession
Employment by a museum, whether publicly or privately supported, is a public
trust involving great responsibility. In all activities, museum employees must
act with integrity and in accordance with the most stringent ethical principles
as well as the highest standards of objectivity.
An essential element of membership of a profession is the implication of both
rights and obligations. Although the conduct of a professional in any area is
ordinarily regulated by the basic rules of moral behaviour which govern human
relationships, every occupation involves standards, as well as particular duties,
responsibilities and opportunities that from time to time create the need for
a statement of guiding principles. The museum professional should understand
two guiding principles: first, that museums are the object of a public trust
whose value to the community is in direct proportion to the quality of service
rendered; and, secondly, that intellectual ability and professional knowledge
are not, in themselves, sufficient, but must be inspired by a high standard
of ethical conduct.
The Director and other professional staff owe their primary professional and
academic allegiance to their museum and should at all times act in accordance
with the approved policies of the museum. The Director or other principal museum
officer should be aware of, and bring to the notice of the governing body of
the museum whenever appropriate, the terms of the ICOM Code of Professional
Ethics and of any relevant national or regional codes or policy statements on
museum ethics, and should urge the governing body to comply with these. Members
of the museum profession should also comply fully with the ICOM Code and any
other codes or statements on museum ethics whenever exercising the functions
of the governing body under delegated powers.
Loyalty to colleagues and to the employing museum is an important professional
responsibility, but the ultimate loyalty must be to fundamental ethical principles
and to the profession as a whole.
Applicants for any professional post should divulge frankly and in confidence
all information relevant to the consideration of their applications, and if
appointed should recognize that museum work is normally regarded as a full-time
vocation. Even when the terms of employment do not prohibit outside employment
or business interests, the Director and other senior staff should not undertake
other paid employment or accept outside commissions without the express consent
of the governing body of the museum. In tendering resignations from their
posts, members of the professional staff, and above all the Director, should
consider carefully the needs of the museum at the time. A professional person,
having recently accepted a new appointment, should consider seriously his/her
professional commitment to his/her present post before applying for a new
post elsewhere.
While every member of any profession is entitled to a measure of personal
independence, consistent with professional and staff responsibilities, in
the eyes of the public no private business or professional interest of a member
of the museum profession can be wholly separated from that of the professional's
institution or other official affiliation, despite disclaimers that may be
offered. Any museum-related activity by the individual may reflect on the
institution or be attributed to it. The professional must be concerned not
only with the true personal motivations and interests, but also with the way
in which such actions might be construed by the outside observer. Museum employees
and others in a close relationship with them must not accept gifts, favours,
loans or other dispensations or things of value that may be offered to them
in connection with their duties for the museum (see also para. 8.4 below).
6.1. Acquisitions to Museum Collections
The Director and professional staff should take all possible steps to ensure
that a written collecting policy is adopted by the governing body of the museum,
and thereafter reviewed and revised as appropriate at regular intervals. This
policy, as formally adopted and revised by the governing body, should form
the basis of all professional decisions and recommendations in relation to
acquisitions.
Negotiations concerning the acquisition of museum items from members of the
general public must be conducted with scrupulous fairness to the seller or
donor. No object should be deliberately or misleadingly identified or valued,
to the benefit of the museum and to the detriment of the donor, owner or previous
owners, in order to acquire it for the museum collections, nor should be taken
nor retained on loan with the deliberate intention of improperly procuring
it for the collections.
It is an important professional responsibility to ensure that all items accepted
temporarily or permanently by the museum are properly and fully documented
to facilitate provenance, identification, condition and treatment. All objects
accepted by the museum should be properly conserved, protected, and maintained.
Careful attention should be paid to the means of ensuring the best possible
security as a protection against theft in display, working or storage areas,
against accidental damage when handling objects, and against damage or theft
in transit. Where it is the national or local policy to use commercial insurance
arrangements, the staff should ensure that the insurance cover is adequate,
especially for objects in transit and loan items, or other objects, which
are not owned by the museum but which are its current responsibility.
Members of the museum profession should not delegate important curatorial,
conservation, or other professional responsibilities to persons who lack the
appropriate knowledge and skill, or who are inadequately supervised, in the
case of trainees or approved volunteers, where such persons are allowed to
assist in the care of the collections. There is also a clear duty to consult
professional colleagues within or outside the museum if at any time the expertise
available in a particular museum or department is insufficient to ensure the
welfare of items in the collections under its care.
One of the essential ethical obligations of each member of the museum profession
is to ensure the proper care and conservation of both existing and newly-acquired
collections and individual items for which the member of the profession and
the employing institutions are responsible, and to ensure that as far as is
reasonable the collections are passed on to future generations in as good
and safe a condition as practicable having regard to current knowledge and
resources.
In attempting to achieve this high ideal, special attention should be paid
to the growing body of knowledge about preventative conservation methods and
techniques, including the provision of suitable environmental protection against
the known natural or artificial causes of deterioration of museum specimens
and works of art.
There are often difficult decisions to be made in relation to the degree of
replacement or restoration of lost or damaged parts of a specimen or work
of art that may be ethically acceptable in particular circumstances. Such
decisions call for proper co- operation between all with a specialized responsibility
for the object, including both the curator and the conservator or restorer,
and should not be decided unilaterally by one or the other acting alone.
The ethical issues involved in conservation and restoration work of many kinds
are a major study in themselves, and those with special responsibilities in
this area, whether as director, curator, conservator or restorer, have an
important responsibility to ensure that they are familiar with these ethical
issues, and with appropriate professional opinion, as expressed in some detailed
ethical statements and codes produced by the conservator/restorer professional
bodies. (1)
The proper recording and documentation of both new acquisitions and existing
collections in accordance with appropriate standards and the internal rules
and conventions of the museum is a most important professional responsibility.
It is particularly important that such documentation should include details
of the source of each object and the conditions of acceptance of it by the
museum. In addition, specimen data should be kept in a secure environment
and be supported by adequate systems providing easy retrieval of the data
by both the staff and by other bona fide users.
No item from the collections of a museum should be disposed of except in accordance
with the ethical principles summarized in the Institutional Ethics section
of this Code, paras. 4.1 to 4.4 above, and the detailed rules and procedures
applying in the museum in question.
Where museums and related institutions maintain for exhibition or research
purposes live populations of animals, the health and well-being of any such
creatures must be a foremost ethical consideration. It is essential that a
veterinary surgeon be available for advice and for regular inspection of the
animals and their living conditions. The museum should prepare a safety code
for the protection of staff and visitors which has been approved by an expert
in the veterinary field, and all staff must follow it in detail.
Where a museum maintains and/or is developing collections of human remains
and sacred objects, these should be securely housed and carefully maintained
as archival collections in scholarly institutions, and should always be available
to qualified researchers and educators, but not to the morbidly curious. Research
on such objects and their housing and care must be accomplished in a manner
acceptable not only to fellow professionals but also to those of various beliefs,
including particular members of the community, ethnic or religious groups
concerned. Although it is occasionally necessary to use human remains and
other sensitive material in interpretative exhibits, this must be done with
tact and with respect for the feelings for human dignity held by all peoples.
The acquiring, collecting and owning of objects of a kind collected by a museum
by a member of the museum profession for a personal collection may not in
itself be unethical, and may be regarded as a valuable way of enhancing professional
knowledge and judgement. However, serious dangers are implicit when members
of the profession collect for themselves privately objects similar to those
which they and others collect for their museums. In particular, no member
of the museum profession should compete with their institution either in the
acquisition of objects or in any personal collecting activity. Extreme care
must be taken to ensure that no conflict of interest arises.
In some countries and many individual museums, members of the museum profession
are not permitted to have private collections of any kind, and such rules
must be respected. Even where there are no such restrictions, on appointment,
a member of the museum profession with a private collection should provide
the governing body with a description of it, and a statement of the collecting
policy being pursued, and any consequent agreement between the curator and
the governing body concerning the private collection must be scrupulously
kept. (See also para. 8.4 below).
7.1. Upholding Professional Standards
In the interests of the public as well as the profession, members of the museum
profession should observe accepted standards and laws, uphold the dignity
and honour of their profession and accept its self-imposed disciplines. They
should do their part to safeguard the public against illegal or unethical
professional conduct, and should use appropriate opportunities to inform and
educate the public in the aims, purposes and aspirations of the profession
in order to develop a better public understanding of the purposes and responsibilities
of museums and of the profession.
Members of the museum profession should deal with the public efficiently and
courteously at all times, and should in particular deal promptly with all
correspondence and enquiries. Subject to the requirements of confidentiality
in a particular case, they should share their expertise in all professional
fields in dealing with enquiries, subject to due acknowledgement, from both
the general public and specialist enquirers, allowing bona fide researchers
properly controlled but, so far as possible, full access to any material or
documentation in their care, even when this is the subject of personal research
or special field of interest.
Members of the museum profession must protect all confidential information
relating to the source of material owned by or loaned to the museum, as well
as information concerning the security arrangements of the museum, or the
security arrangement of private collections or any place visited in the course
of official duties. Confidentiality must also be respected in relation to
any item brought to the museum for identification and, without specific authority
from the owner, information on such an item should not be passed to another
museum, to a dealer, or to any other person (subject to any legal obligation
to assist the police or other proper authorities in investigating possible
stolen or illicitly acquired or transferred property).
There is a special responsibility to respect the personal confidences contained
in oral history or other personal material. Investigators using recording
devices such as cameras or tape recorders or the technique of oral interviewing
should take special care to protect their data, and persons investigated,
photographed or interviewed should have the right to remain anonymous if they
so choose. This right should be respected where it has been specifically promised.
Where there is no clear understanding to the contrary, the primary responsibility
of the investigator is to ensure that no information is revealed that might
harm the informant or his or her community. Subjects under study should understand
the capacities of cameras, tape recorders and other machines used, and should
be free to accept or reject their use.
8.1. Professional Relationships
Relationships between members of the museum profession should always be courteous,
both in public and in private. Differences of opinion should not be expressed
in a personalized fashion. Notwithstanding this general rule, members of the
profession may properly object to proposals or practices which may have a
damaging effect on a museum or museums, or the profession.
Members of the museum profession have an obligation, subject to due acknowledgement,
to share their knowledge and experience with their colleagues and with scholars
and students in relevant fields. They should show their appreciation and respect
to those from whom they have learned and should present without thought of
personal gain such advancements in techniques and experience which may be
of benefit to others.
The training of personnel in the specialized activities involved in museum
work is of great importance in the development of the profession and all should
accept responsibility, where appropriate, in the training of colleagues. Members
of the profession who in their official appointment have under their direction
junior staff, trainees, students and assistants undertaking formal or informal
professional training, should give these the benefit of their experience and
knowledge, and should also treat them with the consideration and respect customary
among members of the profession.
Members of the profession form working relationships in the course of their
duties with numerous other people, both professional and otherwise, within
and outside the museum in which they are employed. They are expected to conduct
these relationships with courtesy and fair-mindedness and to render their
professional services to others efficiently and at a high standard.
No member of the museum profession should participate in any dealing (buying
or selling for profit), in objects similar or related to the objects collected
by the employing museum. Dealing by museum employees at any level of responsibility
in objects that are collected by any other museum can also present serious
problems even if there is no risk of direct conflict with the employing museum,
and should be permitted only if, after full disclosure and review by the governing
body of the employing museum or designated senior officer, explicit permission
is granted, with or without conditions.
Article 7 para. 5 of the ICOM Statutes provides that membership of ICOM shall
not be available, under any circumstances, to any person or institution that
is dealing (buying or selling for profit) in cultural property.
Generally, members of the museum profession should refrain from all acts or
activities which may be construed as a conflict of interest. Museum professionals
by virtue of their knowledge, experience, and contacts are frequently offered
opportunities, such as advisory and consultancy services, teaching, writing
and broadcasting opportunities, or requests for valuations, in a personal
capacity. Even where the national law and the individual's conditions of employment
permit such activities, these may appear in the eyes of colleagues, the employing
authority, or the general public, to create a conflict of interest. In such
situations, all legal and employment contract conditions must be scrupulously
followed, and in the event of any potential conflict arising or being suggested,
the matter should be reported immediately to an appropriate superior officer
or the museum governing body, and steps must be taken to eliminate the potential
conflict of interest.
Even where the conditions of employment permit any kind of outside activity,
and there appears to be no risk of any conflict of interest, great care should
be taken to ensure that such outside interests do not interfere in any way
with the proper discharge of official duties and responsibilities.
Members of the museum profession are encouraged to share their professional
knowledge and expertise with both professional colleagues and the general
public (see para. 7.2 above).
However, written certificates of authenticity or valuation (appraisals) should
not be given, and opinions on the monetary value of objects should only be
given on official request from other museums or competent legal, governmental
or other responsible public authorities.
Members of the museum profession should not identify or otherwise authenticate
objects where they have reason to believe or suspect that these have been
illegally or illicitly acquired, transferred, imported or exported.
They should recognize that it is highly unethical for museums or the museum
profession to support either directly or indirectly the illicit trade in cultural
or natural objects (see para. 3.2 above), and under no circumstances should
they act in a way that could be regarded as benefiting such illicit trade
in any way, directly or indirectly. Where there is reason to believe or suspect
illicit or illegal transfer, import or export, the competent authorities should
be notified.
Every member of the museum profession should be conversant with both any national
or local laws, and any conditions of employment, concerning corrupt practices,
and should at all times avoid situations which could rightly or wrongly be
construed as corrupt or improper conduct of any kind. In particular no museum
official should accept any gift, hospitality, or any form of reward from any
dealer, auctioneer or other person as an improper inducement in respect of
the purchase or disposal of museum items.
Also, in order to avoid any suspicion of corruption, a museum professional
should not recommend any particular dealer, auctioneer or other person to
a member of the public, nor should the official accept any "special price"
or discount for personal purchases from any dealer with whom either the professional
or employing museum has a professional relationship.
http://www.museum-security.org/
To: securma@museum-security.org
Subject: Threat to the Cultural Heritage -Reply
The Top Ten Representative Losses of Cultural Property Caused by Humankind
Survey: An international survey was conducted in 1986 to dramatize the loss
of cultural property committed by Humankind. Approximately two hundred persons
from museums in twenty-five countries and from national and international police
agencies were asked to list what they considered to be the greatest losses of
cultural property that have been caused by Humankind.
Results: Sixty-one addresses responded from eleven different countries. Very
few addressees agreed on what were the greatest losses. Some listed losses primarily
from their own country or continent. Most listed losses primarily from recent
history. Art historians and archeologists were the most comprehensive in citing
non museum and non moveable losses from all phases of history and cultures,
both remote and extinct.
Analysis: It is evident that very few people agree on what are the greatest
cultural losses of all time that have been caused by Humankind. It is also evident
that few people can answer at a global or total historical level. By participation
in this survey, many people will have expanded their perspective of cultural
property from the size of a museum to that of a country, a continent, the world,
or to cultures other than their own.
The list of the top ten cultural losses caused by Humankind for times before
the current and for remote locations cannot be adequately answered because there
is no complete or historic documentation of cultural objects. For extinct cultures,
there is very little opportunity for proper documentation.
Application: The only list that can be made is a representative list from different
categories of collection objects, from different causes of human loss, and from
various collection valuing systems. Such a symbolic list is outlined below for
you to construct your own list, to achieve an effective list for your own purposes.
Extended Analysis: By categorizing together "all losses caused by Humankind,"
including theft, fire, vandalism, negligence and war, we are reminded of the
variety of losses beyond the traditional concept of loss by theft. One can conclude
that the removal by sale of a priceless cultural artifact to an owner who does
not make it available to the original cultural group also has caused that culture
a significant loss.
Cultural losses should not be ranked by monetary value alone, which is the custom
of police services. Cultural losses must be valued for their loss as symbols
to cultures and populations, as well as for scientific value, artistic value,
aesthetic value, historic value, research value, and monetary value.
The greatest cause of cultural loss is war, which will always be the top cause
of loss because of the scale of loss. Monetary values of theft, neglect and
environmental deterioration are relatively insignificant in comparison.
In reminding us of losses to our common heritage, we can remember our collateral
responsibility to protect and preserve objects not collected in buildings but
objects in public areas, on public properties, on private property, in private
hands, and on sale in shops and auctions houses, to include natural specimens,
natural habitats, graves, monuments, and buildings themselves.
The Top Ten Representative Losses of Cultural Property Caused by Humankind
Your heritage is my heritage, and we must protect and preserve it. Each of these
losses represents thousands of others that are known and millions of others
that are not known. To care for each other, we must care for each other's property,
no matter what our present circumstances might be. Destruction of cultural property
in war is a loss to everyone. With our cultural heritage better preserved, we
will realize better who we are and will be, in the future. In the line provided
below, enter typical examples of losses of the same kind with which you are
most familiar.
http://www.museum-security.org/
http://www.virtual-pub.com/masc/masc.htm
February 1997 Washington D.C.
The Museum Association Security Committee (MASC), the standing security committee
of the American Association of Museums, will take up the issue of new UL standards
and how they affect the ASIS document "The Suggested Guidelines in Museum Security"
when the committee meets in Raleigh, N.C. in conjunction with the Smithsonian
Conference. The "Suggested Guidelines" have been endorsed by the MASC. The primary
body to modify the Guidelines is the ASIS Museum, Library and Cultural Property
Committee, but the success of the Guidelines within the museum industry depends
upon acceptance by both groups.
M.A.S.C. CONSIDERS NEW UL STANDARDS
"The following amendments to the "Suggested Guidelines in Museum Security"
are proposed for approval by the Museum, Library and Cultural Property Committee
of ASIS at its February meeting in Raleigh, N.C. in response to the changes
to the burglar alarm standards by Underwriters Laboratories effective October
1, 1996." Editor's note: Footnotes that appeared in the Committee's draft
with technical explanations are not included here. This is important to note
because the changes are highly technical in nature and have great ramifications
with regard to the future of the Guidelines and your museum's ability to obtain
insurance. The reason the changes are needed is that the UL standards for
line security have changed and UL has indicated that museums with less than
UL Grade "AA" line security are now considered to be "unprotected"):
Amend Section 6.2 of the Guidelines:
Current Wording
6.2 Museums with highly trained and adequately equipped full time professional
security staffs may establish a proprietary central station within a secure
portion of their building but, as a minimum, a panic alarm or secure UL Grade
AA communications link to an outside central station shall be maintained.
6.2 Museums with highly trained and adequately equipped full time professional
security staffs may establish a proprietary central station within a secure
portion of their building but, as a minimum, a UL listed panic device shall
link the control room to an outside central station. The level of line supervision
for the communications link shall meet or exceed "Standard Line Security"
as defined by UL Standard 287, Central Station Alarm Service.
Current Wording
6.22 The method of electronic communications between the premises alarm system
and the remote monitoring facility shall comply with Underwriters Laboratories
Standard 1610, Central Station Burglar Alarm Units, and meet the equipment
listing requirements for Grade AA level of protection service against compromise.
A compromise is the disconnection of the protected premises from the connecting
line or communications channel in a manner that does not cause a signal at
the central station and therefore allows entry into the protected premises
without initiating a signal at the Central Station or prevents the transmission
of an emergency signal or request for assistance. Where the communications
link is less than a UL Grade AA, the decision to utilize a lower level of
supervision shall be made with the full knowledge of the highest levels of
museum management and preferably after consultation with the institution's
protection consultant who shall be commissioned to recommend alternate acceptable
means of supervision that may exist.
Proposed Wording
6.22 The method of electronic communications between the premises alarm system
and the remote monitoring facility shall comply with Underwriters Laboratories
Standard 827, Central Station Alarm Service, and meet the equipment listing
requirements for at least the "Standard Line Security" level of protection
service against compromise. A compromise is the disconnection of the protected
premises from the connecting line or communications channel in a manner that
does not cause a signal at the central station and therefore allows entry
into the protected premises without initiating a signal at the Central Station
or blocks the transmission of an emergency signal, request for assistance,
or burglar alarm signal.
6.22.1 Where the communications link is less than UL "Standard Line Security",
it is considered to be unprotected, and the decision to utilize an unprotected
communications link shall be made with the full knowledge of the highest levels
of museum management and only after consultation with the institution's protection
consultant or the museum security consultant employed by the insurer who shall
be commissioned to recommend alternate acceptable means of protection that
may exist.
6.22.2 The decision to use a communications link that is not protected against
compromise shall not be based solely on technological considerations without
a recommendation by the independent museum security consultant that technological
limitations cannot be overcome by reasonable alternate means.
6.22.3 The decision to use a communications link that is not protected against
compromise shall not be based solely on economic considerations such as the
extensive costs of providing secure communications due to the distance from
the central station without a full understanding of the risks of such unprotected
communications as outlined by the museum's security consultant or professional
security consultant provided by the insurer. The Guidelines recognize that
some cultural properties, like log cabins and Indian ruins, may be remotely
located, far from central stations or in areas without phone service making
a secure communications link economically impossible. It is a more difficult
decision for larger, less remote institutions to operate with an unprotected
communications link solely due to the cost of the service. The decision to
operate with an unprotected communications link based solely on economic considerations
must be made only after a learned evaluation by an independent consultant
who reports directly to the museum's highest authority on possible alternatives.
6.22.4 When an institution's highest authority makes a decision to operate
with an unprotected communications link to the central station, a report must
be provided which clearly defines the reason for not providing a protected
communications link. The report must define the alarm system in sufficient
detail to enable a lending individual or institution, insurer or other party
with an interest in the security of the institution to evaluate the level
of security that exists. This enables lenders and insurers to evaluate the
risks and request other appropriate safeguards such as extra guard protection
during loans or special exhibits, etc.
6.24 Museums shall make every reasonable effort to comply with at least Underwriters
Laboratories "Extent of Protection #4 Coverage" protection with regard to
their burglar alarm systems. Individuals advising the institution on adequacy
of interior protection must be fully conversant on museum security and the
requirements of a changing museum environment as well as electronic security
as it relates to museums.
Current Wording:
4.4 Every museum shall have a written protection program and written policies
and procedures.
Proposed Wording:
4.4. Every museum shall have a written protection program and written policies
and procedures. Where a specific issue is addressed in these Guidelines, a
formal policy must be included in the policy manual that addresses the implementation
of that Guideline.
Conclusion
At the February meeting (Raleigh, N.C. in conjunction with the Smithsonian Conference),
I will move that the above changes to the Guidelines be adopted. I will incorporate
any of your pertinent comments in the final draft and present them at that time.
Tom Prevas will be present. He and I can discuss these changes and answer your
questions. When adopted, we will solicit ASIS for a legal review and attempt
to issue the changes within 90 days. I am proposing that the changes be issued
by Bulletin only and that a single sheet bulletin be stapled into existing copies.
It should not be necessary to re-print the entire document. I am also asking
that our Chairman send a letter to ASIS asking that they post the Guidelines
on the Internet and discontinue selling them. I have discussed this with ASIS
and it appears that this is not a problem. Do not distribute or reproduce this
document! These have not been approved by the committee and even if they are
approved, they are subject to review by legal counsel and do not become effective
until approved by the ASIS Board of Directors.
MASC NOW ONLINE
In case you haven't noticed, the MASC now has its own home page. In the past
it has been difficult to get a newsletter out in a timely manner. Now, we will
update the Home Page as often as necessary to keep you informed of the calendar
of events, AAM / MASC seminars of interest at the AAM annual meeting, and other
important and useful information. While we are "Under Construction" now, we
should have the page up and running fully April 1. The URL that you used to
find us is a temporary one as we will be changing servers. Next time you come
back you may be automatically diverted to our new address. If you have any trouble
getting through, call Steve Keller for the address (904) 789-6740 or try the
anticipated new URL: http://www.horizon-usa.com/masc/masc.htm
REPORTERS WANTED
The MASC is looking for "a few good men" (and, of course, women). We want reporters
from each region of the country who can report on what is happening in their
region, as well as reporters who will track specific issues or topics and report
to us (by a deadline on disk or via email). If you would be willing to be a
regional reporter, please contact Steve Keller (904) 789-6740. We are also interested
in in-depth articles or reports on items of broad interest in our community.
We particularly need someone who will keep the Calendar of Events updated by
calling AAM, ASIS, and the regional museum groups and getting their annual meeting
schedule for us. We've tried having reporters in the past and have been successful
in some regions and less successful in others. This new Home Page concept should
make reporting of news and features much easier.
http://www.museum-security.org/
http://www.city.ac.uk/artspol/mussecur.html Arts
Policy and Management
Patrick Boylan's Arts, Museums and Heritage Organisation Policy Statements Series
Museums Association - Security guidelines when using outside contractors
1. Introduction
The Governing Body has specially strong obligations to provide accommodation
giving a suitable environment for the physical security and preservation of
the collections.... Proper standards of protection should be provided against
such hazards a theft, fire, flood, vandalism and deterioration, throughout
the year, day and night."
"It is a curator's primary responsibility to do all in his power fully to
protect all items in his care against physical deterioration whether on display,
in store, subject to research or conservation procedures or on loan elsewhere.
Safeguards against fire, theft and other hazards must be established in consultation
with appropriate specialists and be frequently reviewed. A curator must apprise
the governing body of the recommendations made to him and enforce all safeguards
subsequently adopted."
2.Regrettably, on a number of occasions in recent years Police investigations
into suspected "inside" thefts that have occurred in museums during periods
of building work disturbance etc. have been thwarted because firms that have
been working in the building during the relevant period have been unable or
unwilling to disclose even to the Police the identity of the employees that
they have used on the museum contract. It should therefore be a condition
of all contracts that the contractor should verify and record the full names,
addresses and at least one other means of identification, such as a National
Insurance Number, for all workers engaged on the museum contract. This data
should be registered and carefully recorded on a confidential basis by the
museum or gallery itself.
3.The contract should set out clearly what actions or activities by the contractor's
staff are or are not permissible, and all employees of contractors and sub-
contractors should be adequately trained or briefed on these special conditions.
Any provision for the use of or access to necessary facilities such as toilet
and washing arrangements, messroom facilities etc. and any conditions or restrictions
relating to the access route or use of such facilities need to be clearly
specified.
4.Likewise, permitted working hours, arrangements for the registration and
issuing of museum security passes, keys etc. need to be clearly specified
in advance. Any restrictions on dates or times during which, perhaps because
of prior museum commitments, the use of particularly noisy equipment or processes,
such as heavy- duty drills, need to be specified in advance. The playing of
radios and tape recorders by the contractor's workers should in the great
majority of cases be specifically banned - certainly if all or part of the
museum or gallery is to remain open to the public during the period of the
works.
2.Under no circumstances should the contractor or any contractor's worker
be given access to the controls, keys or PIN codes for any security system.
Where working outside normal museum staff hours is essential, whether on a
temporary basis for major building works or regularly for e.g. contract cleaning,
the unlocking and locking of the museum or gallery building and the operation
of any security system controls must be carried out by an appropriately trained
museum employee.
3.All appropriate members of the museum staff, including professional staff
and security employees, should be fully briefed on which areas of the building
the contractor's workers may or may not enter, and should be instructed to
report immediately to an appropriate senior member of museum staff if the
contractor's staff are found in unauthorised areas so that the matter can
be taken up with the senior management of the contractor.
4.All contracts should give the museum or gallery the unambiguous right to
search bags, vehicles, equipment and materials both entering and leaving the
building, including the personal bags of the contractor's workers.
5.Contractors working within collections storage and laboratory areas, whether
on a regular basis e.g. as part of a cleaning contract or for a one-off maintenance
or alteration jobs, present special problems and potential risks. Much of
the effort of museums is concentrated on ensuring that the study and reference
collections are securely and adequately stored, but with the main emphasis
on securing the perimeter of the storage area. Frequently, for good and entirely
justifiable practical reasons - because they have been planned on the assumption
that only staff and authorised and supervised research workers and students
would have access to the area - there may be fairly free access to the individual
storage units once someone has gained access to the area. A duly authorised
and properly trained permanent member of the museum or gallery staff must
always be present and must supervise all contractor's workers operating in
any specially sensitive or secure area.
6.The same principles apply in the case of other particularly sensitive or
high security areas, especially display and exhibition galleries, particularly
where pictures or other material are on relatively "open" display, as well
as in the case of professional staff offices, laboratories etc. where both
specimens and objects brought in by the public for identification or opinion
are frequently found.
7.Indeed, it is a general rule that contractor's staff need to be closely
supervised whenever they are working on museum premises, not just when they
are allowed access to high-security areas. In the case of out-of-hours contract
cleaning or similar activities since, as indicated in para.5.2 above, it is
absolutely imperative that only permanent museum employees are entrusted with
the unlocking and locking up of the building and related alarm or other security
operations, the person or persons responsible for the key and alarm security
may well be able to undertake at least some of the required supervision and
monitoring of the contractor's workers.
8.In preparing Compulsory Competitive Tendering and similar contract documents,
it is most important to make appropriate financial provision for the museum's
possibly substantial costs in providing the necessary security and collections
care and supervision as part of the tender costs.
http://www.museum-security.org/
http://www.nato.int/pfp/
FINAL COMMUNIQUÉ
NATO- Partnership for Peace (PfP) Conference on Cultural Heritage Protection
in Wartime and in State of Emergency
On the initiative of the Republic of Poland, on 18-21 June 1996, a NATO-PfP
conference devoted to "Cultural Heritage Protection in Wartime and in State
of Emergency" was held in Cracow.
Participants were from institutions responsible for cultural heritage protection
and civil defence, Ministries of Culture, Interior and Defence and armed forces
from the following states: Belgium, Canada, Croatia, the Czech Republic, Estonia,
Germany, Hungary, Italy, Lithuania, The Netherlands, Norway, Poland, the Russian
Federation, the Slovak Republic and the United States of America. International
organisations in attendance included NATO, UNESCO, the International Council
on Monuments and Sites (ICOMOS), and the International Council of Museums (ICOM).
Discussion of cultural heritage protection in wartime and in state of emergency
focused on legal instruments and experience. From plenaries, panel sessions
and working group discussions and from practical demonstrations, the Conference
recognised the benefits of preparedness and finds that:
Participants of the conference expressed their support for the "Appeal for
International Aid for Croatian and Bosnia-Herzegovina Monuments Destroyed
During the War" issued by the European Conference of Ministers responsible
for cultural heritage on 31 May 1996, in Helsinki.
Participants supported the proposal by the Republic of Poland for the establishment,
under the patronage of UNESCO, an international centre for the training of
civilian and armed forces personnel for the protection of cultural heritage
in the context of armed conflicts and all emergency situations.
Participants requested that the papers and proceedings of the conference at
least be published in English and widely distributed to organisations in the
fields of cultural property conservation, civil defence and armed forces.
Finally, participants thanked the Polish Authorities for hosting the Conference
in a city of such great cultural heritage.
http://www.museum-security.org/
Switzerland and the Looted Art Trade Linked to World War II
By Prof. Georg Kreis, University of Basel, Switzerland
Summary :
With Hitler's accession to power, numerous German artists and collectioners
of art found a refuge in Switzerland. The small State was at an advantage given
its neutrality and the excellent international connections which it enjoyed.
Encircled by the 3rd Reich, by Fascist Italy and by France, it thus played a
central role in the movement of and transactions in objects of art. Its activities
were manifested in two fundamentally different ways: on the one hand, Switzerland
became a secure deposit spot, either temporary or permanent, for endangered
works of art; and on the other hand, a country where the sale of works of art
of a value more or less considerable, could be negotiated.
I. Situation at the outset
Switzerland played an important role as a neighbor to the Third Reich and also
to fascist Italy because of Swiss independence and good international communications
favoring movement and trade in art among other things. Stephanie Barron (Los
Angeles County Museum of Art) wrote with reference to Helmut F. Pfanner ("The
Role of Switzerland for Refugees" in The Muses Flee Hitler edited by Jarrel
C. Jackman and Carla M. Borden, Washington, DC 1983, p. 243): "After Hitler's
rise to power, neutral Switzerland became a haven, albeit temporarily, for German
artists (and collectors who emigrated to keep their collections intact), writers,
musicians, actors, theatrical directors, and other refugees. Many settled in
Swiss cities, hoping to pursue their careers with relatively little disruption.
Some stayed only long enough to make arrangements to emigrate elsewhere in Europe
or to Palestine or the United States. Some remained permanently; others returned
to Germany after the war" (cf. below, p. 137).
This important art market role was played out in two fundamentally different
ways: a) Switzerland became a storage site for endangered art, whether temporarily
or permanently; b) It became a trans-shipment center for art deals.
II. Switzerland as an Art Storage Site
1. The best known case of this function being exercised was the temporary safekeeping
of the Prado Collection which was threatened by the confusion of the Spanish
Civil War. This was shown in Geneva in June-August 1939 before it returned.
2. There are also several cases of deposits being made which are not known publicly
and are governed be discretion. They reside in private houses and in public
collections where individual private objects or more substantial collections
were kept safely during the war, mostly without storage costs being raised.
3. Collections which came to Switzerland with their owners form another category.
The most prominent case is that of Robert von Hirsch (1883-1977), who transferred
his first-class collection from Frankfurt to Basel in 1933 and bought the right
to export it with a present to Hermann Goering (Cranach's "Judgment of Paris").
Cf. J.W.W(ille) in "Masterpieces" from the Robert von Hirsch Sale at Sotheby's".
London 1978, p. 5. Another example is the fortunate fate of the Dutch art dealer
Nathan Katz who could flee to Switzerland, thanks to Swiss mediation in 1941.
Cf. A Venema, Kunsthandel in Nederland, 1940-1945, ("Art Dealing in the Netherlands,
1940-1945"), pp. 254 ff.
4. Any attempt to answer if unclaimed art objects are deposited in Switzerland
would necessarily involve firms specialized in safekeeping. Since storage requires
a lot of space and many firms have moved or rebuilt during the past 50 years,
the likelihood of finding heirless objects is small. Art objects are more likely
to have been placed in the hands of private acquaintances or sold at once.
III. Switzerland as a Market Place
1. The Gallery Fischer in Lucerne put on sale 125 paintings and sculptures described
as "Modern Masters from German Museums" on June 30, 1939. This sale followed
seizure in 1936 and 1937 of art categorized as "degenerate" in German museums.
It had been displayed in a main exhibition in Munich and in a number of traveling
exhibitions to alarm the German people. The sale abroad was intended to reap
a financial harvest following the propaganda coup. Stephanie Barron, who in
1990 had access to the Fischer archives, provides the best documentation on
this sale in an essay: "The Gallery Fischer Auction" in Degenerate Art: the
Fate of the Avant-Garde in Nazi Germany. Los Angeles, 1991, pp. 135-169. G.
Kreis (see below) provides a slightly less comprehensive description.
2. Barron's documentation allows one to identify the origin of all objects sold
and in particular to check whether looted property from private ownership was
put on sale as well as confiscated property from official sources (museums)
and semi-official ownership (art galleries). At the time the action was contested
for a variety of reasons. Yet there were very good and honorable grounds for
the buyers' activity. In her 1991 description Barron makes no criticism whatsoever
of the 1939 purchases. Most went to private people _ mainly in the USA. Only
a small portion went to public art collections, in particular the Liège Fine
Arts Museum and the Arts Museum in Basel. One motive for buying was to keep
these European works of art in Europe and in public hands rather than letting
them disappear to the USA and primarily into private collections there.
3. The author of this paper has published a monograph entitled Entartete Kunst
für Basel. Die Herausforderung 1939 ("Degenerate" Art for Basel: the Challenge
of 1939) on purchases of the Basel public-art collection. A remarkable feature
of these purchases was the authorization of a special credit by the cantonal
parliament of Basel City with the Lucerne auction in mind. To the fury of the
auctioneer, the museum director, Georg Schmidt, also bought a number of objects
which had not been taken to Lucerne and had remained in Berlin. A substantial
part of the paintings confiscated in Germany was sold directly by official intermediaries
_ again largely to the USA. It is known that none of the 21 objects bought by
the Basel art collection had been in private ownership.
4. The book by Lynn H. Nicholas, formerly a member of the National Gallery of
Art staff in Washington, DC, indicates the extent to which Switzerland was central
to art dealing during the Third Reich and/or the extent to which the Swiss were
involved in this trade. It was published in 1994 by Knopf in New York under
the title The Rape of Europe in its original English edition and in 1995 by
Kindler, Munich, in a German translation. The author is now probably the best
informed person in the field. Her general description makes it possible to put
events in Switzerland in this whole difficult field into perspective and cautions
against overplaying their importance. According to this account, Switzerland
played a relatively subordinate role all-in-all. Apart from some criticism of
behavior in the second half of December 1945 (cf. paragraph 5 below), there
is no reproach to Switzerland for having behaved in a questionable manner. The
remarks of Erwin Leiser on this question (most recently in the Tages-Anzeiger
of August 2, 1996) point in the same direction (cf. also E. Leiser in the issue
of November ? 1987) on "Hitlers Kunstraub für Linz" (Hitler's Looting for Linz").
5. Lynn H. Nicholas devotes some pages (pp. 544-551) to the most spectacular
of the "Swiss" cases. This concerns property looted from the Paris collection
of Paul Rosenberg which was taken over by Lucerne gallery owner Theodor Fischer
and sold in part to Emil Georg Bührle (1890-1956). This story has been known
for a very long time and has indeed been before the Swiss courts. There is an
important contemporary source: two reports by a British official responsible
for protecting cultural assets, Douglas Cooper of Monuments, Fine Arts, and
Archives (MFAA): one of January 21, 1945, "Reports on Looted Works in Switzerland"
and another of March 22, 1945, "Report on a Visit to Switzerland" (National
Archives, Washington, and Getty Center, Los Angeles). Through Goering's art
adviser, Andreas Hofer, and art dealer Hans Wendland, Fischer had excellent
contacts to the Third Reich. At the end of the war the Federal council called
for any looted art to be handed in (the collecting point being the Museum of
Art in Berne). With a Federal Council decree dated December 10, 1945 (Official
Collection of Swiss Laws, 1945, pp. 1052-1056) the Federal Council implied that
there would be compensation from the Federal Treasury for bona fide purchasers
to the extent sellers in bad faith cold not be sued.
At much the same time the Federal Department of the Interior (a Dr. Vodoz is
mentioned) must have implied to representatives of the Allies that an investigating
committee would be set up to look into questions of looted art, but nothing
came of this undertaking. As indicated in paragraph 4, Lynn H. Nicholas' judgment
of this question is crucial. Rosenberg was obliged to take legal action under
difficult circumstances but won his case. On June 3, 1948, before the Swiss
Supreme Court: the pictures had to be handed over. In July 1951 Bührle brought
a suit for recourse against Fischer and the Federal Government. On June 25,
1952, the Swiss Supreme Court ruled against the federal government in a looted
property suit brought by Fischer. An ensuing legal action concerning Fischer's
demand for a share in the compensation paid by Germany to Switzerland was settled
September 2, 1958. The historian and television personality Thomas Buomberger
drew attention to important aspects of this case in a television film in 1993
and went into detail in the Tages-Anzeiger of October 16, 1996. The origin of
certain pictures led once again to debate when, to mark her father's 100th birthday,
Hortense Anda-Bührle allowed the Bührle Foundation collection to be exhibited
at the Royal Academy of Arts in London from February 1 to April 9, 1991, after
shows in Washington, DC, Montreal, and a Japanese city.
6. In the work referred to, Nicholas indicates in an impressive manner just
how the war's confusion and the way in which it put legal order in doubt gave
art dealing an enormous boost _ especially in the Netherlands and France. At
the same time he shows that this trade, even if it largely benefited from personal
emergencies, was not primarily responsible for the distress involved. Nor did
it in itself worsen the situation but in some circumstances actually eased it
by giving the persecuted resources with which to secure their physical survival.
Many such individual sales and purchases were no doubt transacted in and through
Switzerland. One could only form a judgment on them if the detailed circumstances
were known in each case.