Monday, March 02, 2009

Auction - Legitimating Looting?


This week the auction of two bronze sculptures in Christie’s have made headline news on the Internet. This is a typical story that reflects the conflict of values between the west and China that media loves. Although as a Chinese, this is a bitter tale that I find it hard to tell.

I think patriotic motive of the Chinese bidder is very obvious, which I totally understand although I am not convinced this is the best idea. But maybe given the state of the relationship between French and Chinese government, a more diplomatic resolution to return the treasurer to China was probably considered quite unlikely.

To understand why we are here today, it is important to understand the historical context. I believe we actually have the same facts – more or less anyway. Maybe I could borrow Victor Hugo’s words in his letter to the French capital regarding the “China Expedition”.

“It was a kind of tremendous unknown masterpiece, glimpsed from the distance in a kind of twilight, like a silhouette of the civilization of Asia on the horizon of the civilization of Europe.
This wonder has disappeared.One day two bandits entered the Summer Palace. One plundered, the other burned.
……
And back they came to Europe, arm in arm, laughing away. Such is the story of the two bandits.
We Europeans are the civilized ones, and for us the Chinese are the barbarians. This is what civilization has done to barbarism.
Before history, one of the two bandits will be called France; the other will be called England.
……
I hope that a day will come when France, delivered and cleansed, will return this booty to despoiled China.”

So this pair of sculptures were looted from China! As much as I respect the interest of its private collector, in this case, it is the legendary Yves St Laurent, I don’t support the auction. To me, it is one thing these national treasurers are held in Louvre or British Museum, but it is completely different matter if they go on auction. To me, or to whoever has a respect for culture, auctioning them is a process of legitimating the looting.

Time may have passed, history may have evolved, but it doesn’t change the nature of theft. So in theory, these national treasurers should be returned to China unconditionally. But in reality this is a much complex and delicate matter. Today the treasurers are held by private collectors who had paid a handsome price to get them in the first place. In my opinion, the more practical solution is to use diplomatic means if possible, otherwise buying them at the original price the collector paid for is not a bad idea. And for the looted treasurers now displayed in Louvre or elsewhere in museums, if we can’t get them home back to China, at least we should demand lending them on short term basis for free for exhibitions in China.

I was a teenager when I learned this tragedy of the imperial gardens, and I remember standing in the middle of its ruin site in Beijing, trying to imagine its splendid past – a silhouette of the civilization of Asia on the horizon of the civilization of Europe. The ruins, even after these years are still impressive, especially during the sunset when the warm glow casting on its finely carved white surface. Strange enough, the feeling of anger didn’t last, after a while, it is pure sadness, over the colossal loss of intractable beauty.

I think we have to respect history, and respect the achievement of all civilizations. And personally I think the culture should be shared across borders, so I have no problem with having our stolen national treasurers displayed in foreign museums. But to be also fair and practical, we should have the right to borrow any stolen treasurers for exhibitions in China, not for the sheer national pride, but for education of our own children. All nations need to learn their past and art is one of the best ways to learn their culture and history.

****** Updates *******

Some more development during the week:

The Chinese bidder is a successful business man who made his wealth from clothing business and in the past he has set up a fund helping channeling the return of Chinese stolen treasurers from overseas and he is on the VIP list in Christie's (OF COURSE NOW HE WILL BE ON THE BLACK LIST). And apparently he never intended to buy these two items, as this is against the principle laid out by Chinese government. In this particular case, Christie's revealed that they had secretly approached Chinese government before the auction, offering a relative low price but turned down by the Chinese government. 

The main purpose of the intentional bid with no payment is to make this auction a miscarriage, which seemed to be a success so far. According to the current owner of the sculptures, he has told the press that if the Chinese bidder doesn't pay within a month, he will keep the items. I guess this is probably wise given it will be bad publicity for him and Yves Saint Laurent family if this goes to auction again and would certainly also put French government in tremendous pressure trying to amend the relationship with China. Also according to  the online survey done by La Monde,  more than 70% of the French public think these sculptures should be returned to China. 

Interestingly, the forum on the Chinese website offers mixed reactions from the Chinese public. Not surprisingly, there are hails to support his patriotic act, but there are also criticism of his bold move, citing concerns of the negative impact on Chinese's credibility and trustworthiness overseas. One blogger says, this kind of act is naive, and could jeopardize the goodwill and faith we have endeavoured  to establish in the eyes of the west. 

3 comments:

Anonymous said...

China has some experience with engaging in commercial espionage in Western countries. Perhaps they shoudl have put that experience to use.

This is largely government provoked nationalism - no one would have known about it otherwise - aimed at picking a fight with the French after their PM met with the Dalai Lama - talking of looting and plundering a nation maybe we shoudl discuss the Chinese in Tibet....a rather more recent history that the removal of 12 zodiac figurines from a fountain - which apear to have far less value that the bidder proposed. It is who owned them that made them valuable !!

Incidentally the European style of the figures only adds to the irony!

Does China have a legal claim to the two bronzes?

Local and foreign experts say "no", noting that the three international conventions protecting looted cultural relics – the earliest of which dates to 1954 – cannot be invoked or applied retroactively.

And the United Nations Educational, Scientific and Cultural Organisation (Unesco) said as much in a statement on the auction of the Yuanmingyuan sculptures.

But it added that it does "encourage the return of cultural property to its countries of origin" through a 22-country Intergovernmental Committee for Promoting the Return of Cultural Property to its Countries of Origin or its Restitution in Case of Illicit Appropriation, which can step in to help if negotiations between the two countries involved fail.

Unesco also said it had not received a request for help from China on the two fountainheads as yet.

Professor Wang Yunxia, an expert in cultural relics law at Beijing's Renmin University, said: "I feel there is insufficient legal basis in this case. If the group of lawyers raises a legal case again even now that the sculptures have been sold, it’s a waste of time and society’s resources."

Under your logic every Italian painting, Greek relic, Egptian treasure, Indian artwork in private collections will need to be returned............

You have picked up a piece of nationalistic breastbeating and joined the baying crowd rather than testing the motives and legal standing.....

And I know you wont like this - but you know how much I like debating these things with you !!

R

Anonymous said...

Some of the comments are right - there have historically been plenty of reasons for comapnies to distrust doing business in China. Not to mention the massive copyright infringements and theft of intellectual property.

Christies can of course sell the items to the losing bidder if he/she is still interested.

In the end these items are just rather average water faucets and were a silly price - and probably not worth all the fuss. Including here !! There are far more inportant things to stir your passions and righteous indignation !!

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