Guidelines for handling questions concerning transfers of the ownership of objects in the Museum of Cultural History’s collections
The Museum of Cultural History is a university museum that manages scientific collections for use in research, exhibitions, education and dissemination. The collections are important sources of knowledge, and also contain important cultural property for present and future generations.
It is of chief importance for the museum to be a responsible and active custodian of objects and collections. The museum shall facilitate the use of its collections as sources for research and as an active resource for teaching, dissemination, dialogue and cooperation.
It is essential for the museum to have a thorough knowledge of its collections. The museum shall continually seek more information about the provenance, use, and significance of its objects. The museum shall collaborate with universities, museums and other cultural heritage institutions and expert groups in Norway and in other countries. Knowledge development is a key objective for the museum.
Cultural heritage plays a central role in wider discussions and initiatives concerning cooperation, sharing and restitution. The museum recognises this, and is concerned with the value and significance of cultural heritage in self-understanding and social development, as well as its potential as a basis for dialogue, collaboration and partnerships.
The museum welcomes interest in its objects and collections and is open to dialogue and cooperation. The museum is open and responsive to questions concerning access to, and ownership of, collections and objects. Where appropriate, the museum initiates dialogue and cooperation.
Starting point for considering questions concerning ownership
The collections contain cultural property from numerous countries, communities and ethnic groups. The grounds for, and motives behind, questions concerning transfers of ownership can vary. The museum shall deal with such questions based on a desire to develop knowledge and to establish dialogue, cooperation and partnerships. The museum will consider each case individually. The museum takes the status of collections and objects as scientific source material as its starting point. Cases will be assessed in relation to current circumstances and background context, drawing on the best possible information and knowledge base. Objects subject to the Norwegian Act concerning the cultural heritage will be dealt with in accordance with this Act.
Types of object and queries
Questions concerning transfers of ownership of objects and collections may relate to a specific context in which they were found or collected, or their place or community of origin. Such questions will be particularly relevant in the case of human remains, sacred objects and other objects linked to culture, history, religion, self-understanding, etc. within an ethnic group or community. These questions are also relevant in relation to cultural property from indigenous peoples and minorities, as well as collections and objects that have colonial contexts or were collected in circumstances characterised by inequality or the use of force. These questions may also apply to other types of objects, and other background circumstances: for example, objects that were collected, acquired, or given to the museum illegally or in some unethical manner. Similarly, they may be relevant in relation to cultural property that has been lost, does not exist, or is not accessible in its place of origin or community of origin. They may also be relevant to restitution processes in a broader sense. These questions can and should be relevant as a starting point for cooperation, research, competence building, teaching and dissemination. This list of examples is not exhaustive.
Questions concerning transfers of ownership may come from states, museums and other research and cultural heritage institutions, or from other expert groups or legitimate representatives of ethnic groups or communities. Questions concerning ownership may also be raised by the Museum of Cultural Heritage.
Specific questions that must be considered
In cases where a transfer of ownership is, or might be, possible, it will be relevant to consider the following questions:
Scientific value
What is the current and future scientific value of the object? Such an assessment must cover potential multidisciplinary interests.
Partners
Who raised the question? Who is represented by the concerned party? What previous dialogue or cooperation has taken place, and who are the correct recipients for a transfer of ownership? Whether the question is part of a recognised repatriation programme or cooperation project is of interest.
Background and rationale
It may be relevant to consider what kind of significance the object has for the party that raised the question of ownership, and also for the community of origin and the recipient to whom the object would be transferred. The possibilities of cooperation will also be considered, as well as likely scenarios after any transfer (for example, reburial, inclusion in a museum collection, education, research or other knowledge development).
The object’s identity, collection history, and provenance
The identity and provenance of the relevant object(s) must be investigated and clarified. The museum will consider whether the question may also apply to objects other than the one(s) initially in question, and whether consideration of this case could set a precedent for other cases in the future.
Laws, conventions and guidelines in the area
Legal considerations will be particularly relevant in the case of cultural property collected after 2007, when Norway ratified the 1970 UNESCO Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property. The intentions of the convention may be taken into account when assessing other cases. The UN Declaration on the Rights of Indigenous Peoples (2007) states that indigenous peoples have the right to control their own cultural heritage, traditional knowledge, and cultural expressions. The declaration provides the basis for states’ obligations in relation to cultural property from indigenous peoples, and forms the starting point for the museum’s assessment of cases concerning cultural property from indigenous peoples. The museum’s handling of questions concerning transfers of ownership can also take as its starting point the Code of Ethics of the International Council of Museums (ICOM), as well as clarifications of the responsibilities of Norwegian museums in this area.
Other relevant cases
The museum shall look for comparable cases. When relevant, the museum shall consult with other units at the University, or with other relevant institutions, advisory boards, and parties.
Other considerations
The museum aims to take all relevant factors into account when considering a case. Reasons why the transfer of ownership might not be considered relevant – for example, the museum’s goals and responsibilities, laws and regulations, and any other considerations – must also be assessed.
Financial and practical questions
How will the costs of any transfer of ownership and physical transfer of an object be covered? How should any transfer be carried out?