The Mexican government, through its Secretaría de Relaciones Exteriores (Ministry of Foreign Affairs) and its Ministry of Culture, have formally challenged the auctioning of 95 pieces of pre-Hispanic origin.  In doing so, they are calling upon French auction house Millon Drouot to halt its sale of the Manichak and Jean Aurance Collection of Pre-Columbian art which is scheduled to take place today and includes some 130 pre-Columbian art objects.  

During a press conference, the Mexican Ambassador to France, Juan Manuel Gómez-Robledo, indicated that a concern was lodged on September 12, 2019 by Mexico's National Institute of Anthropology and History, the competent authority in the matter asking that the auction be cancelled and that the objects in the collection contested restituted to the country. 

Raising their concerns about the provenance of the pieces, the Mexican authorities allege that some of the artifacts appear to have been stolen and/or illegally exported. Concerned with their status, María del Socorro Villarreal Escárrega, national coordinator of legal affairs for Mexico's National Institute of Anthropology and History stated that the INAH has filed a corresponding complaint with the Prosecutor's Office General of the Republic, collaborating with diplomatic authorities in order to seek the restitution of the objects. 

Commenting on authentic pieces up for auction Escárrega added that "these pieces have been decontextualized, they come mostly from clandestine excavations, without any scientific rigor, and that already implies destruction to cultural contexts and looting; (implies) that we lose reference of the cultural place and that these pieces become decorative objects, but the social and temporal context is lost, and that affects the reconstruction of history and favors the loss of our heritage."  Escárrega also reported that it is believed that some 20 pieces in the auction "could be of recent manufacture, although they are announced as pieces of archaeological value".

In their formal statement, Mexico’s Foreign Ministry stated that 95 of the 120 objects up for auction appear to be from early Mesoamerican complex civilizations such as the Olmec, which inhabited the Gulf Coast territory of Mexico extending inland and southwards across the Isthmus of Tehuantepec, from 1600 BCE until 350 BCE and the Maya who assimilated Olmec influences into the emerging the city-states of the Maya civilization.  

According to the Millon catalog, and the Antiques Trade Gazette collectors Manichek and Jean Aurance purchased their first pre-Columbian artwork in 1963 from the French dealer Olivier le Corneur who operated Galerie Le Corneur-Roudillon.  They continued purchasing tribal art  for their Art Deco lakeside home in Vésinet from le Corneur, Henri Kamer, Pierre Langlois, René Rasmussen and Charles Ratton.  Some of those pieces seem to have passed through Los Angeles art dealer Earl Stendahl.

Earlier last week Guatemala confirmed that following their own formal protests on August 28, 2019 Millon had suspended the sale, at least for a while, of one of the pre-Hispanic pieces up for auction.

Lot 55 -  A stone relief depicting the Spearthrower Owl, was discovered by Teobert Maler in 1899 and dates to 700 CE.  It was stolen from the powerful city-state of Piedras Negras in the remote northwest area of the Department of Petén in Guatemala's Sierra del Lacandón in the 1960s.

Drawing from CMHI v. 9-1.

According to UT-Austin archaeologist and Mesoamerican art historian and epigrapher, Dr. David Stuart, who first reported (in English) about Guatemala's Ministerio de Cultura y Deportes' efforts  to stop the sale in late August, the disputed stolen relief is a portion of Stela 9 found by Teobert Maler at the ruins if Piedras Negras in 1899 on the large terrace to the east of Structure J-3, and originally placed between Stelae 10 and 40.

Allowing time for the seller, the State of Guatemala and Millon to discuss the contested object and the legality of the sale in France, Drouot Paris issued the following comment on Twitter, hinting that the sale was a legitimate one, despite the crime of removing it from the territory.

To allow amicable negotiations between the seller & Guatemala, lot n°55 of Millon’s auction at Drouot is withdrawn from the sale.

— Drouot (@Drouot) September 11, 2019

In cases of property dispute, French law, articles 2274 and 2262 of the Civil Code, tend to prefer the bona fide purchaser, in their purchase of a stolen or misappropriated movable object over that of the victim, which in this circumstance is Guatemala and Mexico.   French Law provides that title can be obtained by a good faith purchaser by way of prescription after 30 years.
As of the writing of this article, neither the consignor nor Millon has not announced a response to the Mexican government's request. 

By:  Lynda Albertson

While a lot of the art crime news recently has been about the (hopefully temporary) shuttering of New Scotland Yard's Art and Antiques unit in London as its officers are reassigned to work on the Grenfell Tower fire, Mexico seems to be moving in a more positive direction. 

The National Institute of Anthropology and History (INAH) and the National Institute of Fine Arts (INBA), organizational bodies responsible for safeguarding Mexico's cultural heritage, have held their first course on the protection of cultural heritage, training members of the Gendarmerie Division of the Federal Police on the national and international regulations against illicit traffic in cultural property, and the measures taken by Mexico to identify and recover looted objects. 

The objective of the pilot course was to establish stronger links between the Secretariats of Culture and the government, in order to ensure the legal care and protection of Mexico's cultural heritage  as stipulated in the country's federal law on Monuments and Archaeological, Artistic and Historical Areas.

The government also announced the formation of a database to be developed to help police determine which heritage assets are susceptible to damage or theft as well as a documentary repository for information about investigations. 

In a ceremony to be held October 11, 2016 at 13:00 at the Mexican Embassy in Rome, Brigadier General Fabrizio Parrulli, Italy's new Commander of the Carabinieri for the Protection of Cultural Heritage, in a ceremony to repatriate illicitly trafficked heritage will return twelve archaeological objects to the Mexican authorities via a handover to the country's ambassador to Italy, Signore Juan Jose Guerra Abud, KBE. 

Having succeeding General Mariano Mossa as the head of Italy's specialised Comando Carabinieri Tutela Patrimonio Culturale this year, Brigadier General Fabrizio Parrulli is not stranger to the nuance of international policing.  With degrees European Studies as well as International Law and Diplomacy the new general has commanded a team of Iraqi police as part of the NATO mission in Iraq and served as the commander of a training department for police in Baghdad.  Closer to home,he has served within the Carabinieri TPC overseeing the its NCO School in Florence.

The twelve pre-Columbian Mesoamerican pieces to be repatriated are from the Mesoamerican Preclassical period (2500 BCC - 200 CE) and the Classical Period (200-1000 CE).  The objects seized included a clay head of votive use portraying a character of high rank, another votive bust with disk-shaped earrings and another sculpture with nose ornamentation.

The antiquities were seized by law enforcement between 2013 and 2016 as the result of three separate investigations coordinated by the prosecutor of the Republic of Palmi (RC), Pesaro and Ascoli Piceno.  Several of the objects were seized during a customs cross-check of two travellers arriving from Mexico via the Reggio di Calabria "Tito Minniti" Airport, also known as the Aeroporto dello Stretto, in southern Calabria.  In a second instance an object had been marketed via "a popular online sales site" where the seller listed the city where the object was currently located and a cellular where he could be reached for further questions.  To verify the authenticity of the objects being sold the Carabinieri TPC worked with experts from the Museo Nazionale Preistorico Etnografico Luigi Pigorini in Rome as objects of this type are often reproductions.

Mexico is a quintessential example of an antiquities-rich “source nation”.  It's a country with an abundance of unprotected archaeological sites that all too often yields artifacts with a commercial value on the art market.  It is also a nation, that despite making great strides, still lacks the economic resources necessary to adequately protect much of the remote cultural patrimony found within its borders. 

In 2013, art market trend watcher Emma Crichton-Miller noted that Paris had superseded New York as "the most dynamic centre for pre-Columbian art globally, attracting collectors mainly from Europe and America, but also Latin America, the Middle East and Asia." This might explain why traffickers importing illicit goods, appreciate Italy's strategic placement on the European mainland. 

The theft and illegal trade of Mexican pre-Columbian antiquities is fed by high demand within the art market, which in turn creates strong incentives for poverty-driven digging.   Individuals and teams of looters dig indiscriminately where opportunity avails, without concern for the objects lost archaeological context.  They then collect and smuggle valuable finds to market countries by whatever channels are available to them.  

What legal instruments are there in Mexico to protect cultural heritage? 

Mexico's heritage law, written January 19, 1934 (Art. 27, Political Constitution of the Republic of Mexico; Law on the Protection and Conservation of Monuments. Typical Towns and Places of National Beauty), established national ownership of all immovable archaeological material in the public domain, and precluded the export of all works of art or antiquities without an export license.  

This law was further refined in 1972 creating new archaeological zones and extending national ownership of the cultural patrimony to private collections and absolutely forbidding the export of pre-Columbian antiquities. The only exception to this strict mandate is in the case of presidentially-approved gifts and exchanges to foreign scientific institutions and foreign governments for diplomacy purposes. 

It is also illegal in Mexico to excavate archaeological sites, even on private land, without the permission of the Mexican government's National Institute of Anthropology and History.