Collecting Cultural Material: Principles for best practice
Applying best practice in relation to objects of uncertain provenance held by an institution
On this page:
Summary table
A table summarising general principles for resolving the future of objects of uncertain provenance is at Appendix 7.
Repository of last resort
Where institutions act as a repository of last resort, they should research the object's provenance and history to establish the most appropriate custodians to manage the future care of the object. Where the object relates to Indigenous cultural heritage, researching the object's history would involve close consultation and collaboration with the traditional owners.
Information obtained subsequent to acquisition
If a collecting institution receives information that establishes another party's claim to an object, (for instance, if it can be demonstrated that the object was transferred in violation of the principles of the 1970 Convention), the institution should seek an equitable resolution with the other party. This may include co-operating to repatriate, loan or exchange the object, but will be governed by the institution's policies and applicable Commonwealth, state and territory legislation and international laws and conventions.
Claim for return of an object
Even while adhering to best practice, there may be objects in a collection which may have been illegally or inappropriately obtained and therefore open to claims. Objects may have entered collections prior to the recognition of the need for strict provenance checks, and objects collected under the policy of repository of last resort may later have claims made against them.
In these situations, individual institutions will have their own policies regarding the methods it will use to settle these claims. In accordance with the Statement of Principles in this document, HOCI members agree that this will be done through an equitable resolution process, with respect for the circumstances and sensitivities of each claim.
In order to consider whether a claim for return of an object is valid, a number of issues must be taken into account and processes implemented. The checklist: Considering a request for repatriation/restitution, at Appendix 8, is modelled on one commissioned by MLA and provides general guidance on the conduct of an investigation into a request for repatriation or restitution of an object.
Investigation of the claim and preparation of a report
A written statement must be obtained from the requesting party outlining the basis and evidence of the claim and their reasons for the claim. A checklist: Researching the validity of a request for repatriation/restitution at Appendix 9, is modelled on one commissioned by the MLA and provides guidance on researching the validity of the individual, group, institution or government making the claim. In the case of Indigenous cultural material, examination of the object's provenance and history could also assist in validating the claimant's right to make a claim and might also identify any other individuals or groups who should be consulted.
The institution should prepare a full report on the object for the consideration of the body making the decision on the claim. A template: Information required for consideration of restitution/repatriation requests is modelled on one commissioned by MLA and is at Appendix 10.
Relevant information includes:
- background on the object, such as its acquisition, any provenance or other history, its use by the institution, (including exhibitions, conservation treatment, loans and research), and any future commitments the institution has made regarding the object; and
- Significance to the requesting party, the institution, and wider national significance
The case for retaining or returning the material should be based on research, including in collaboration with the requesting party, with experts in the area and, if applicable, with authorities from the country of origin
The case for retaining or returning the objects should take into account the institution's policies on disposal, de-accessioning material and repatriations and applicable legislation.
Where the claim relates to Indigenous cultural material, institutions should also take into account the Museums Australia policy Continuous Cultures, Ongoing Responsibilities: Principles and Guidelines for Australian museums working with Australian and Torres Strait Islander cultural heritage. As much as possible, the principle of close consultation and collaboration with the traditional owners should be maintained, particularly in ensuring that all relevant information is included in the report to the body making the decision.
