Britain has the perfect opportunity to do the right thing and resolve differences in the coming months

The Parthenon Marbles is one of many outstanding international issues that the UK has with other EU countries. If they are going to proceed with exiting the EU, then resolving such issues may well pave the way for greater concessions argues Geoffrey Robertson.

Part of the Parthenon frieze in the British Museum

From:
Guardian

Let’s do a Brexit deal with the Parthenon marbles
Geoffrey Robertson
Tuesday 4 April 2017 08.30 BST

Not yet a week since the triggering of article 50, and already hope of cordial negotiations seems optimistic. At the weekend, amid early jostling over the post-Brexit fate of Gibraltar, former Tory leader Michael Howard implied that one way to resolve that situation could be a war with Spain.

Thus far, the focus has been on the politics, the pounds, shillings and euros and the colour of passports, but in the search for common ground it’s worth remembering that the European Union treaty itself, in articles 3 and 167, places a duty on both sides in negotiations to take into account the need to “ensure that Europe’s cultural heritage is safeguarded and enhanced”. Here there is scope for a gesture that may allow talks to proceed more constructively.
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Reunification of the Parthenon Marbles: breaking the deadlock?

Dr Tom Flynn of the British Committee for the Reunification of the Parthenon Marbles is giving a talk at the University of Geneva on 15th September. The talk is titled: The reunification of the Parthenon marbles and the role of cultural diplomacy in breaking the deadlock – Will we have to wait another 200 years?.

Find out more at the Facebook page for the event here.

Flyer for talk at University of Geneva by Tom Flynn

From:
Event Facebook page (google translated)

Reunification of the Parthenon Marbles: breaking the deadlock?
15 September at 19:00–21:00
Université de Genève – Uni Bastions

As part of the British Parliament’s vote bicentennial deciding to entrust the Parthenon Marbles in the British Museum, the Swiss Committee for the Return of the Parthenon Marbles is pleased to invite you to the conference at the Law Centre of the art of the University of Geneva and the European Centre culture:

“The reunification of the Parthenon marbles and the role of cultural diplomacy in breaking the deadlock – Will we have to wait another 200 years?”
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Although many would like them returned, others take a certain pride in the way they have been preserved overseas and feel that they are perhaps better looked after there

This article sums up something that I have noticed hinted at in various previous articles and more specifically in comments on twitter.

Within Britain’s largest museums, there are huge collections of artefacts that were acquired from India in a range of circumstances, some more questionable than others. Many in India justifiably want some of these artefacts returned. Many more however, see the well preserved state of the artefacts in the UK as a contrast to the lacklustre state of many museums in their own country. Still more do not trust the motives of politicians, who they feel want items returned only for nationalist reasons.

I think a lot of the ambivalence to restitution of Indian artefacts perhaps stems from the distrust many have of the government there – endemic corruption potentially puts the items at greater risk if they are returned home. In a perfect world though, when these issues are solved, I would hope that more in India would want to also reclaim their heritage.

Detail from the Amravati Stupa in the British Museum

From:
Indian Express

British museums shine thanks to all the loot from India
Adrija Roychowdhury
Published on:August 15, 2016 12:41 pm

In Britain, a museum visitor from India is suddenly made aware of how his or her past has brutally been ripped away and appended to British history, now on display for tourists from around the world to gloat over.

I first stepped onto the streets of London in the summer of 2015 as part of research work for my Masters thesis. An apt way to describe the city would be to call it a snippet of a dream carefully plucked out from a history book. For someone who was enthralled by the magnificence of British history, London was everything I had read and heard about all my life.
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The fact that such a bill has been proposed with cross party support means that whether or not implemented, the appetite for return exists in the UK

The below articles contain further coverage of the Parthenon Sculptures (Return to Greece) Bill currently presented to the UK parliament. Whether or not this bill actually becomes law,, it is indicative that there is cross party support for the restitution of the sculptures. As with many issues in parliament (the EU is one that has been prominent in recent months), those in different parties may support the cause for a variety of different reasons, but the fact remains that they are all supporting the same end goal.

Parthenon Marbles in British Museum

From:
Hyperallergic

British MPs Propose Bill to Return the Elgin Marbles to Greece
by Allison Meier
July 11, 2016

With the 200th anniversary this week of the July 11, 1816 purchase through an Act of Parliament of the Parthenon Marbles for the British Museum, members of parliament (MPs) are introducing a bill that would repatriate the ancient artifacts. Greece has advocated for their return ever since the country’s 1832 War of Independence, but with the UK soon to negotiate its departure from the European Union following Brexit, supporters see this as an opportunity to finally send the sculptures back to their home.

The Parthenon Marbles, sometimes called the Elgin Marbles for Lord Elgin, who sold them to the British Museum, have a contentious and complicated history. The complications stem from the circumstances under which they were removed, and whether that removal under a time of Turkish occupation means they should be returned. The “Parthenon Sculptures (Return to Greece) Bill” asks for “provision for the transfer of ownership and return to Greece of the artefacts known as the Parthenon Sculptures, or Elgin Marbles, purchased by Parliament in 1816; to amend the British Museum Act 1963 accordingly; and for connected purposes.”
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Could Britain leaving the EU lead to the return of disputed Nigerian treasures

Taking a cue from the Parthenon Sculptures (Return to Greece) Bill, and the legal claim inadmissibility, questions are being asked about whether Brexit could be a route to the repatriation of other disputed artefacts in the British Museum. Nigeria has various claims relating to the seizure of artefacts from the ancient kingdom of Benin during punitive raids by the British in 1897.

Benin Bronzes in the British Museum

From:
The Guardian (Nigeria)

Brexit: How hope may rise for Nigeria’s looted artefacts
By Tajudeen Sowole
31 July 2016

If the two centuries of ownership crisis between United Kingdom and Greece, over controversial Parthenon Marbles, is resolved as a result of Brexit, hopes may appear on the horizon for return of artefacts of Nigerian origin incarcerated in the British Museum, London. Currently, what has been described as “a cross party group” of British MPs has reopened bid to return the Parthenon marbles to Greece as part of effort to keep healthy relationship with Athens after Brexit.

Also known as the Elgin Marbles, the objects, which include parts of sculptures and frieze from 2,500 years old of remnant ancient master pieces became subject of ownership tussle after the British government acquired them 200 years ago. The sculptures were originally removed from Parthenon, an ancient edifice in Athens by the seventh Earl of Elgin, Thomas Bruce, who was suspected to have ‘stolen’ the pieces from Greece during Ottoman Empire rule. But the then British Parliament disagreed that the marble pieces were illegitimately acquired.
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Further coverage of the rejection by the European Court of Human Rights of the first case brought there for the return of the Parthenon Marbles

The ECtHR might have deemed one case for the return of the Parthenon Sculptures to be inadmissible, but this doesn’t mean that this is the end of legal battles to secure their return.

Read yesterday’s article for a more in depth understanding of the legal reasons and why these may just be a delay on the road to restitution, rather than a dead end.

The European Court of Human Rights Building in Strasbourg

From:
Greek Reporter

European Court of Human Rights Throws Out First Legal Bid to Return the Elgin Marbles to Greece
By Kerry Kolasa-Sikiaridi
Jul 20, 2016

It has been 200 years since Greece was robbed of its famous marble Parthenon sculptures, known around the world as the so-called “Elgin Marbles.”

Just when it seemed that these 2,500-year-old marbles might actually be returned to their home in Athens, the European Court of Human Rights has thrown out the first ever legal motion to force the UK to return the sculptures to Greece, brought about by the Athenians’ Association.
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Further coverage of the parliamentary bill tabled on the bicentenary of the legal handover of Elgin's sculptures to the British Museum

Further coverage of the Parthenon Sculptures (Return to Greece) bill, currently presented to the UK Parliament.

Part of the Parthenon frieze in the British Museum

From:
Observer

UK Parliament Pushes Bill to Return Elgin Marbles to Greece
By Alanna Martinez
07/15/16 9:08am

For 200 years there’s been squabble over who rightfully owns the world famous Elgin Marbles: the British Museum or Greece? Now, even Brits themselves are pretty sure the answer is “not us.”

The sculptures were taken (or stolen, depending who you ask) from the Parthenon between 1801 and 1805 by Lord Elgin, British ambassador to the Ottoman Empire, and in 1816 they were purchased by the British Museum following parliamentary approval. Earlier this week, a new bill proposed by members of parliament could transfer ownership of the sculptures back to Greece on the 200th anniversary of Britain’s controversial acquisition of the artifacts, reports the Independent.
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While the case has been deemed inadmissible, no judgement has been made on the merits of the case

A few months ago, I wrote about & published an interview with Vasilis Sotiropoulos, the legal advisor to the Athenians’ association. At this stage, the Association was trying to bring a claim in the European Court of Human Rights over the return of the Parthenon Marbles.

Since then, the claim has been rejected as inadmissible, but this is largely down to technical issues. Part of the decision relates to the fact that the Athenians Association brought the claim as an organisation, but that the European Court hasn’t recognised that a legal entity in the form of an association/club can invoke a violation of its own human rights. On this basis, if such a claim was to be brought by the Greek state, then this reason for inadmissibility would no longer be valid.

I’m posting the Independent’s article first, followed by the Athenian Association’s response & the legal decision itself.

There are other issues, particularly one relating to timing, but none of them completely closes the door on this case – hopefully I will have time to make a longer post about this in the next few days.

Syllogos ton Athinaion logo

From:
Independent

First-ever legal bid for return of Elgin Marbles to Greece thrown out by European Court of Human Rights
Ian Johnston
19th July 2016

The first-ever legal bid to force the UK to return the Elgin Marbles to Greece has been thrown out by the European Court of Human Rights.

The court ruled that because the alleged theft of the sculptures from the 2,500-year-old Parthenon temple took place more than 150 years before the UK signed up to the human rights convention, it did not have the power to consider the lawsuit.
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A fresh bid has been launched on the 200th anniversary of the transfer of ownership of the sculptures to the British Musuem

An initiative led by the British Association for the Reunification of the Parthenon Sculptures (formerly known as Marbles Reunited) seeks to secure the return of the Parthenon Marbles to Greece. The Parthenon Sculptures (Return to Greece) Bill will be presented today (the 200th anniversary of the bill that gave ownership of the sculptures to the British Museum) anniversary by Liberal Democrat MP Mark Williams, supported by Conservative Jeremy Lefroy and 10 other MPs from Labour, the SNP and Plaid Cymru.

Part of the Parthenon Marbles, the river god Ilissos in the Duveen Gallery

From:
Independent

MPs introduce Bill to return ‘Elgin Marbles’ to Greece 200 years after the UK decided to buy them
Ian Johnston
11th July 2016

A cross-party group of MPs has launched a fresh bid to return the so-called Elgin Marbles to Greece on the 200th anniversary of the British Government’s decision to buy them — a move that campaigners said could help the UK secure a better deal during the Brexit talks with the EU.

The issue has long been a source of tension between, on one side, the UK Government and British Museum, where the 2,500-year-old marbles are currently on display, and, on the other, Greece and international supporters of the reunification of the Parthenon temple’s sculptures.
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Today is the anniversary of the parliamentary debate leading to the acquisition of the Parthenon Marbles by the UK government

In the modern history of the Parthenon Marbles, 2016 was the year in which the British Government agreed to acquire them from Lord Elgin in exchange for paying off some of his debts.

June 7th 1816 was a particularly important date, as this was the day of the Parliamentary debate that led to the acquisition of the sculptures. In effect, it was the day the the British Government agreed to the purchase.

Today is also a reminder that requests of the reunification of the Parthenon Marbles are not new. During the original parliamentary debate, Hugh Hammersley MP suggested the amendment to the Act that: “…Great Britain holds these Marbles only in trust till they are demanded by the present, or any future possessors of the city of Athens; and upon such demand, engages without question or negotiation, to restore them, as far as can be effected, to the places from where they were taken, and that they shall be in the mean time carefully preserved in the British Museum…”

You can read more about what happened to the Marbles in 1816 here.

Despite previous contradictory statements, Greece is still motivated to pursue legal action if required

Further coverage of the statements by Greece’s Culture Minister, re-asserting the country’s willingness to follow a legal route over the Parthenon Marbles. This route is not their first choice, but will remain as an option if other efforts fail.

Part of the Parthenon frieze in the British Museum

From:
Newsweek

Greece Looks To Forge New Alliances To Win Back Elgin Marbles
By Elisabeth Perlman On 5/9/16 at 5:58 PM

The Greek government is not giving up in its quest to reclaim the Elgin marbles from the British Museum, where they have resided for almost two centuries.

Greece hopes that forging new strategic alliances might engender change. One option is to take the British Museum to the European Court of Human Rights (ECHR). Alternatively, the southeastern European country could appeal to the United Nations Educational, Scientific and Cultural Organization (UNESCO) and apply for an advisory judgment from the International Court of Justice (ICJ) in a bid to win back the marble statues.
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During the last year, there have on more than one occasion been mixed messages from the Greek Government with regard to the possibility of legal action over the Parthenon Marbles.

Now, in a new interview, Culture Minister Aristides Baltas reveals that pursuing the issue in international courts remains a possibility. They still have a desire to deal with the case by other diplomatic methods, but if such endeavours fail, then it appears that they are open to the option of taking legal action. It is assumed that this reasoning is based on the report produced by a legal team from the UK commissioned by the previous ND government. The team consisted of Geoffrey Robertson, Norman Palmer and Amal Clooney.

I will publish the legal advice in full in a separate post.

David Hill, Amal Clooney & Geoffrey Robertson in Athens

From:
Guardian

Greece looks to international justice to regain Parthenon marbles from UK

As 200th anniversary of artefacts’ removal approaches, Greek culture minister says government will appeal to courts and the likes of UN

Greece has not abandoned the idea of resorting to international justice to repatriate the Parthenon marbles and is investigating new ways in which it might bring a claim against the British Museum.
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