Why the Smithsonian Adopted a New Policy on Ethical Collecting; Smithsonian Magazine, June 2022

Lonnie G. Bunch III, Secretary, Smithsonian Institution, Smithsonian Magazine; Why the Smithsonian Adopted a New Policy on Ethical Collecting

For more than a century, museum artifacts were acquired in ways we no longer find acceptable. How can we repair the damage?

"In 2021, the Smithsonian asked a group of collections specialists and curators to examine how to make ethical concerns central to our ongoing stewardship of Smithsonian collections. The group’s recommendations, with overwhelming support from the collections community, went into effect at the end of April. The new policy authorizes our museums to enter arrangements to share authority, expertise and responsibility for objects’ care and return certain objects based on how and under what circumstances they were acquired. Unethical acquisition could include an object having been stolen, taken under duress or removed without the owner’s consent.

The first return under consideration is a set of objects dating from the 13th century removed by the British during an 1897 raid of Benin City in what is now the nation of Nigeria. These artifacts, known as the Benin bronzes, were donated to or acquired by numerous museums over the years, including the National Museum of African Art. Of the 39 pieces in its collection, 29 have been confirmed or determined likely to have been looted, and pending approval by the Smithsonian Board of Regents, will be returned to the Nigerian government."

Indigenous Knowledge Misappropriation: The Case Of The Zia Sun Symbol Explained At WIPO; Intellectual Property Watch, December 11, 2018

Catherine Saez, Intellectual Property Watch; Indigenous Knowledge Misappropriation: The Case Of The Zia Sun Symbol Explained At WIPO

"The three panellists mentioned the importance of the United Nations Declarations on the Rights of Indigenous Peoples [pdf], and in particular Article 31, which asserts the right of indigenous peoples to maintain, control, protect and develop their cultural heritage, TK and TCEs,  and the right to maintain, control, protect and develop their intellectual property over their cultural heritage, TK, and TCEs.

Commenting on the Zia case, June Lorenzo, a lawyer advocating in tribal and domestic courts and legislative and international human rights bodies, said in the late 1890s, Zia was at a very vulnerable point, as many other tribes were. A number of archaeologists came and took “what they could because they thought we were going to disappear as a civilisation,” she said, noting that the stolen pot was repatriated in 2000 or 2002.

In 1925, when the Zia symbol was adopted by the state of New Mexico, the Zia were not even considered as citizens of the United States, she said, and could not vote. “So the idea that they should have objected to this [ the use of the symbol] in 1925 … is just absurd.”"