Repatriation for reconciliation

An international conference on looted cultural objects in Nepal was strategising about how to repatriate sacred icons, when news broke that a 400-year-old jewel studded gilt-copper necklace stolen from Kathmandu was up for auction in Belgium.

The Matrika Necklace from the reign of King Pratap Malla (1641-74 CE) was being auctioned at the Veilinghuis Loeckx in Gent and the event beamed live on invaluable.com on 17^th June. It was advertised for was €1,200. 

But that was before participants at the Kathmandu conference sent frantic emails to the Brussels auction house and the Dutch gallery where the necklace was sourced from. The item was withdrawn from the auction because of 'questions about provenance'.

The auction house initially mentioned Astamangala Gallery in the Netherlands as provenance when it was actually stolen from a Kathmandu temple, and the item was similar to another rare necklace looted from the Taleju Temple in 1976, and now housed at the Art Institute of Chicago. The 400-year-old object has been taken off display there after Nepali activists started demanding its return.

Interestingly, the necklace in Chicago was also in the logo design of the International Conference on the Recovery of Cultural Heritage held in Patan from 16-18 June where experts and activists from Nepal and around the world discussed the repatriation of stolen cultural artefacts. In Nepal, the idols were being worshipped when looted, and activists said their return helped in healing and reconciliation of communities.

One panelist was Devendra Bhattarai, the journalist who broke the story of the necklace depicted in the logo. He found it ironic that the United States Immigration and Customs Enforcement (ICE) was deporting undocumented Nepalis, while wanting to hold on to Nepal’s heritage items in its museums.

“The US authorities want evidence that the object was stolen, and to prove that Nepal’s royal family is not allowed to sell or gift such artefacts,” Bhattarai said. “A cultural artefact cannot be gifted, even by the royal family, and there can be no such proof.”

“We from the community are asked to provide proof when the burden of proof should lie with the holders of the artefacts,” said Kanak Mani Dixit of Nepal Heritage Recovery Campaign (NHRC) that convened the conference. “Collectors and museums prevaricate and want to run you down, your patience, your interest, your time, hoping that we will lose interest.”

NHRC partnered with Nepal’s Department of Archaeology to organise the international conference, which also looked into the impact of cultural property thefts from Kathmandu Valley, Simraungad in the Tarai, Nuwakot, and monastic villages in the trans-Himalaya.

“There were and are hundreds of monasteries in Mustang, but most of them are totally empty,” historian Ramesh Dhungel told one session. “It makes you want to cry. The monks sleep in locked rooms with their idols so they are not stolen at night.”

Most of the looting of cultural heritage items in Nepal took place during the absolute monarchy days in the 1980s. Dhungel remembers three helicopter loads of stolen thangka, idols and scrolls airlifted from Olangchungola to Kathmandu at the time. Most of them ended up with American and European collectors, and unsold items are still at the National Museum in Chhauni. 

There are documents to identify the powerful people in Kathmandu who sold the artefacts to smugglers and middlemen. But there were also the likes of Lain Singh Bangdel and Jürgen Schick who did pioneering work to document the pillage in their books Stolen Images of Nepal (1989) and The Gods Are Leaving the Country: Art Theft From Nepal (1997). Today, anonymous investigators at Lost Arts of Nepal have been using social media to document the whereabouts of stolen objects in museums so that repatriation activists can bring them back.

Even as the international conference was ongoing on Wednesday, Lost Art of Nepal posted a finding about a 800-year-old Bodhisattva Avalokiteswar statue that had been at Thambahil in Kathmandu next to a Shiva Linga at the temple. It was stolen in the 1980s and auctioned by the Doris Weiner Collection at Christie's in 2012 for $2,490,500 and is now at the Berkeley Art Museum.

“Lost Arts of Nepal has been the biggest source for media and heritage activists. We must acknowledge them for their hard work in tracking down these items,” said Kunda Dixit, who hosted a panel on the role of media in combating illicit trafficking of artefacts.

So far, 198 sacred objects have been returned to Nepal: 125 from the United States, 29 from China, 22 from the United Kingdom, 13 from India, 5 from Australia, and one each from Germany, Austria, Italy and a European collector. But there are 105 identified but not returned items in private collections, museums and auction houses in Sweden, the UK, France, Switzerland, the US, Austria, Australia, China, Singapore, Thailand and Belgium. And there are thousands of others which have vanished without trace.

Bradley J Gordon, a lawyer with Cambodia’s Ministry of Culture and Fine Arts, was thrown out of The Met in New York last year during an inspection. He also spotted scores of antiquities from Thailand and Nepal in the storage of the museum only a few weeks ago.

“Many of the art dealers selling artefacts from Cambodia were also selling cultural objects from Nepal,” Gordon told the panel. Bruce Miller Antiquities of Sausalito in California with Bangkok-based Douglas Latchford have been named as those involved in selling stolen objects from Cambodia and Nepal to collectors and museums.

The conference also heard case studies from Cambodia, India, Poland, Vietnam, Lebanon, Syria and Afghanistan with a special focus on existing laws and international frameworks for repatriation as well as new digital interventions such as augmented reality, photogrammetry and data-driven provenance.

Plunder of heritage items from war zones like Syria and Afghanistan is rife, said Amr Al Azm of the Shawnee State University in the United States. “Antiquities do not suffer as much in the actual battles as they do from thieves while a conflict is going on,” he added. “They sell the stolen items through social media accounts, the platforms are the great magnifier in this international trade in stolen cultural items.”

There are often differing views when it comes to the prosecution of heritage theft. Some believe in punishing the perpetrators with jail time and fines, while others have prioritised repatriation itself, getting the objects back to inspire pride in youth to continue their tradition, to educate the community about the culture and spread awareness about the illegal trade.

“We can use repatriation activism to increase the perception of risk, to convince people to not enter into the business because they don’t want to end up in jail or publicly humiliated, to make people think about their reputation either positively or negatively,” said Erin L Thompson, art crime professor in New York during her keynote at the conference.

She added: “Things are just starting to come back, we will find so many uses of repatriated objects in the years, decades, and generations to come. It’s taken hundreds of years of theft for these objects to leave their culture of origin, and I think it will take hundreds of years to bring them back. But we have the opportunity now to shape what those hundreds of years will look like.”

BREAKING: Auction halted

On the evening of 17 June, participants at the Kathmandu conference discussing Nepal’s stolen heritage items found out that a 400-year-old gilt-copper Matrika necklace donated by Pratap Malla was being auctioned in Belgium. This was a moment of truth, the very thing the conference was trying to shed light on.

One of the participants, Emiline C H Smith, a lecturer in criminology at the University of Glasgow heard about the auction while at the conference. The pre-bid for the necklace was €1,200, but it would have sold for many times more.

She informed the Belgium art crime police squad after gathering more information on the necklace. She found out that the item was up for auction that very day, 17 June, and it would be livestreamed. The necklace from Nepal was at lot 328, and the auction order was already at 250. Time was of the essence.

Smith stepped out of the conference hall in Patan to try to call the auction house in Brussels, couldn’t get through and sent them an email, commented on their website, and posted on Bluesky and Facebook. She also emailed the Dutch gallery mentioned in the provenance.

During the live auction on www.invaluable.com, the lot came up for sale. But suddenly the auctioneer got a message from someone off-screen. He stated in Dutch: “This piece cannot be sold because there are problems with the origin. Withdrawn.”

After the dramatic cancellation of sale, Smith found out that the former owner of the necklace was a Tibetologist who acquired it in 1995 from a collector in Groningen, who had purchased it in the 1970s from a gallery in Amsterdam.

“The art market needs to know that there is no excuse to auction off invaluable and inalienable Nepali cultural objects like this stunning Pratap Malla necklace,” Smith told Nepali Times. “Nepali activists have worked tirelessly to raise awareness about the devastating consequences of the market demand for Nepal's irreplaceable cultural heritage, so auction houses, art dealers and buyers should know better by now. We can all hold them accountable for their role in the looting and destruction of Nepal's heritage.”