Bolivia
U.S. Protection of Archaeological and
Ethnological Materials
I.
U.S. and Bolivian Actions
II. Background
III.
Categories of Artifacts Subject to Import Restriction
IV. Import Regulations
V.
For More Information
I.
U.S. and Bolivian Actions
- On December 4, 2006, the Memorandum of Understanding
between the United States and Bolivia was extended for an additional
five-year term. At a ceremony in La Paz jointly hosted by the U.S. Embassy
and the Bolivian Vice-Ministry of Culture on January 10, 2007, officials
from both countries affirmed this MOU and renewed their commitment to
its success in protecting pre-Columbian archaeological materials and
Colonial and Republican-era ethnological materials from Bolivia.
In remarks at the ceremony, U.S. Ambassador Philip S. Goldberg (shown
seated, at the microphone), described the MOU as "an important
tool to support our combined efforts to stop illicit trafficking of
cultural patrimony." Reducing the loss of heritage through looting
and ilicit export "can be addressed only through cooperation
between countries," he said.
Ambassador Goldberg noted that the United States "supports the
protection of cultural patrimony through various initiatives around
the globe," and he cited the Ambassador's Fund for Cultural Preservation
as an example. Through the Ambassador's Fund, the U.S. Embassy in
La Paz has supported several projects in Bolivia, including acquisition
of electronic equipment for use in creating an inventory of ecclesiastical
objects in Bolivian churches, conservation of 45 colonial paintings
in Oruro, preventive conservation in a museum in Pando, and the protection
of an archaeological site within the Chiripa community, near Lake
Titicaca.
Bolivia was represented at the ceremony by Vice-Minister of Culture
Edgar Arandia (to the Ambassador's left) and by Alejandro Machicao
(to Mr. Arandia's left), director of culture at the Bolivian
Foreign Ministry. Both men delivered brief remarks, with Arandia praising
the U.S.-Bolivian partnership and urging continued U.S. training and
support for cultural preservation efforts in Bolivia.
- On December 4,
2001, the U.S. and Bolivia signed a Memorandum of Understanding
(MOU) to impose import restrictions on pre-Columbian archaeological
artifacts and Colonial and Republican ethnological materials. At the
signing ceremony on December 4, 2001, Minister Gustavo Fernández
Saavedra of Bolivia recalled that, "Some years ago, the Embassy
of Bolivia in the United States carried out a demarche that was ultimately
successful. The purpose of this effort was to regain possession of some
textiles that originated in one of the oldest cultures of my country.
We lacked the legal basis at that time to protect our cultural heritage.
We do, however, have that legal basis now. And I want to express my
appreciation to all the members of the Department of State who have
worked to make that a reality." In her statement at the signing
ceremony, Under Secretary of State for Public Diplomacy and Public Affairs
Charlotte L. Beers said, "Bolivia's heritage is integral to the
heritage of all the Americas, making it incumbent on us to protect for
future generations a cultural legacy in which we all share and for which
we are all stewards."
- On March 14, 1989,
the U.S. placed emergency import restrictions on antique Aymara textiles
from Coroma. On May 5, 1993, the emergency import restriction was extended
for an additional three years. The restriction has expired, but other
laws may be applicable in their recovery should there be future unauthorized
movement of these textiles into the United States.
II.
Background
U.S. actions were in response
to requests from the Government of Bolivia under Article 9 of the 1970
UNESCO Convention on the Means of Prohibiting and Preventing the Illicit
Import, Export and Transfer of Ownership of Cultural Property.
With respect to the 2001 agreement,
it was found that the Pre-Columbian culture of Bolivia achieved a high
degree of technological, agricultural, and artistic achievement but the
culture as a whole remains poorly understood. Furthermore, it was found
that the archaeological sites and materials necessary to reconstruct the
early history of Bolivian culture are in jeopardy from pillage. The pillage
is widespread, on-going, and systematically destroying the non-renewable
archaeological record of Bolivia. Colonial and Republican period ethnological
materials were also found to be subject to pillage. These objects play
an essential and irreplaceable role in indigenous Bolivian communities:
they are vested with symbolic and historic meaning and used in many ceremonial
and ritual practices. In many cases these objects serve as testimony to
the continuation of Pre-Columbian cultural elements despite European political
domination, they form an emblem of national pride in a society that is
largely indigenous.
With respect to the 1989 emergency
action to protect Aymara textiles, it was found that the United States
was a major market for textiles--a market that stimulated the illicit
taking and export of nearly half of Coroma's antique textiles in the 1980's.
For almost a decade dealers traveled to Coroma and, through middlemen,
acquired and exported the textiles in violation of Bolivia's export and
ownership laws. The Bolivian middlemen were prosecuted and the community
elders have taken strong steps against local citizens involved in the
theft and illicit transport of the textiles. Coroma's elders have issued
pleas to U.S. collectors and museums not to acquire their ancestral textiles
and to return those already acquired. Two major
repatriations have occurred.
III.
Categories of Artifacts Subject to Import Restriction
A. 2001 Agreement
A complete list is published
in the Federal Register notice of December
7, 2001. The Bolivia Image Collection illustrates
the list.
Restricted archaeological
materials range in date from approximately 10,000 B.C. to A.D. 1532,
and include objects comprised of ceramics, textiles and featherwork, metals,
stone, shell, human remains, bone, wood and basketry.
Restricted ethnological
materials range in date from A.D. 1533 to 1900 (Colonial and Republican
Periods), and include 1) objects of indigenous manufacture and ritual
use related to the pre-Columbian past, and may include masks, wood, musical
instruments, textiles, featherwork, ceramics; and 2) objects used for
rituals and religious ceremonies including Colonial religious art, such
as paintings and sculpture, reliquaries, altars, altar objects, and liturgical
vestments.
B. 1989 Emergency Action (Expired)
A complete list is published
in the Federal Register notice of March
14, 1989.
Restricted materials date
from before 1500 to approximately 1850 A.D. Categories include textile
garments resembling tunics, ponchos, capes, kerchiefs and shawls woven
from the hair of the alpaca, vicuna and other animals.
Antique textiles of Coroma
are the product of the Aymara culture which pre-dates the arrival of the
Incas to the Andean region. Very soft in texture and simple in design,
the textiles contain woven messages and codes recording community events
and concerns. Handed down from generation to generation, some dating from
the 15th century, the garments are held communally and revered as symbols
of humanity. They continue to play a prominent role in the social, political,
economic and religious lives of the people of Coroma.
IV. Import Regulations
A. 2001 Agreement
Objects listed in the Federal
Register notice may enter the U.S. if they have an export permit
issued by Bolivia or verifiable documentation that they left Bolivia prior
to the effective date of the restriction: December 7, 2001.
Under the 1973 Pre-Columbian
Monumental or Architectural Sculpture or Murals Statute, monumental or
architectural sculpture or murals may be imported into the U.S. only with
an export license issued by the country of origin or verifiable documentation
that they left the country of origin prior to June 1, 1973.
B. 1989 Emergency Action
The restriction expired on May
5, 1996.
Notice of the U.S. restriction and
a descriptive list of the textiles were published
in the March 14, 1989, Federal Register.
Although the import restriction expired,
unauthorized removal and transport of the Coroma textiles into the U.S.
may be cause for invoking Section 308 (Articles of Stolen Cultural Property)
of the Convention on the Cultural Property Implementation Act; each of
the textiles is now photographed and documented.
V. For More Information
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Revised: January 31, 2007 |
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SELECT
FROM THE FOLLOWING:
Bolivia
Image Collection
2006
Federal Register Notice on Extension of MOU
2006
Revised Article II (English) (Spanish)
2001
Agreement
2001
Federal Register Notice
1989
Federal Register Notice
The Recovery
of Aymara Textiles
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