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Most nations have placed some kind of sovereign claim on their archaeological heritage. In nations with strong patrimony laws, it is illegal for an unauthorized individual to excavate or own antiquities (which are in effect taken into state ownership); in those with less stringent legislation, it is legal to own antiquities but not to export them.

Illicit antiquities are archaeological objects—whether artifacts from below ground or pieces forcibly removed from standing monuments—that have been illegally excavated and/or exported from their country of origin. There is a thriving trade in such material, whether it be Paracas textiles from Peru, stone Khmer sculpture from Cambodia, ceramic vases from Italy, coins from England, terra-cotta statuettes from West Africa, or bronze Natarajas from India. Trade in illicit antiquities is thought to rank third in illegal trade value, after arms and narcotics. Every antiquity, it seems, can command a price, and every country has a supply.

The demand for illicit antiquities is created by museums and private collectors in Europe, North America, and, increasingly, Japan. Historically, antiquities have been collected as “works of art”; however, when compared to mainstream art (Old Masters, Picasso, etc.), they are thought to be undervalued, so they are increasingly being collected for their investment potential. They also are popular as designer ornaments, and they appear on television studio sets and in the salons of the stylish.

Concerned Parties

Archaeologists are concerned about the trade in illicit antiquities because the method of their acquisition entails destruction of archaeological context and a loss of archaeological provenance. In other words, if it is not known with what other objects an antiquity was found, or even where it was found, its potential as an object of historical study is sharply diminished. For example, the monetary value of a small Roman pot can be readily established, but the historical interest of such a pot found in India far outweighs that of an identical specimen found in Italy. When details of the find spot are lost, so is the historical interest. Furthermore, archaeologists rely on meticulous recovery and examination of all available evidence, the microscopic and everyday as much as the beautiful and valuable; yet fragile material or material thought to be of no value is routinely destroyed during illicit excavation. Again, archaeologists view this as a loss of historical knowledge.

Collectors and dealers disagree; they argue that their actions are not harmful because they are “rescuing” material that would otherwise be destroyed during agricultural, urban, or industrial development projects. They also suggest that the aesthetic merit of a piece—its beauty—may outweigh its historical interest, and that its destructive or clandestine excavation can therefore be justified. Better to be seen than left in the ground, they claim.

Governments are concerned about the trade in illicit antiquities, because it is a challenge to the sovereignty of the state and an attack on the national heritage. This heritage increasingly is seen to have an economic potential, because intact archaeological sites and monuments can provide a base for the development of cultural tourism. Gaping holes in the ground and mutilated temples make poor tourist attractions.

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