Recent global interest in preserving cultural identity and heritage for the future of previously colonized Indigenous groups has prompted the resuscitation of local and Indigenous cultures from the brink of extinction. The pertinence of protecting and managing cultural heritage as an endowment that transcends generations of people and serves as a ligature between their past, present, and future cannot be overstated. In this respect, the repatriation or restitution of sacred ceremonial objects (SCOs) and cultural artifacts constitutes an integral aspect of reviving Indigenous people’s cultural and living heritage, which has been eroded by colonialism and other forms of occupation. In Alberta, Canada, the First Nations Sacred Ceremonial Objects Repatriation Act is the foremost legislation that provides a formal mechanism for the return of SCOs to the First Nations. Thus far, it has successfully facilitated the repatriation of several hundred repatriated several SCOs. In contrast, South Africa’s primary heritage legislation, the National Heritage Resources Act, lacks direction and detail on the restitution of SCOs, specifically to cultural communities. With the aid of a comparative approach, this article critically examines one successful approach to the repatriation of specific sets of heritage objects in Canada and analyzes South Africa’s legal frameworks that consider SCOs as a component of its national estate within its framework for restitution and the promotion of cultural revival in cultural communities.

Similar to the other forms of cultural heritage, Indigenous oral traditions are collected and held often by outsiders to the community. There are a number of instruments addressing this problem, but none of them provide complete control over such works. This article will focus on the possibility and instances of copyright being used to control oral traditions, both by outsiders and the Indigenous communities. The article will first provide an overview of the applicable legal areas (cultural property law, Indigenous rights, and intellectual property rights), and then it will assess different stages in the treatment of oral traditions. It will discuss the copyright implications for not only the traditions themselves but also their documented versions, subsequent copies, adaptations, and new works in order to provide a full picture of the relationship between control and copyright.

Modern warfare has prompted states to protect collections of cultural property by evacuating them to safe locations at times of war. Building on previously classified documents in archives, inquiries and other sources, this article investigates how planning for such evacuation was carried out in Sweden from 1939 to the 1990s. After the end of the Cold War, existing evacuation plans were finally scrapped. Due to the worsening security situation in the region, Swedish heritage institutions today need to build preparedness anew. It is shown that the evacuation of large volumes of property out of cities for practical reasons never was a realistic scenario, but probably should be restricted to a minimum of carefully selected objects, records and books. The process of selecting, transporting, finding safe locations to take the property to, and determining how to monitor it needs to be carefully planned during peaceful conditions in order to efficiently safeguard the collections in wartime. The relationship between Swedish planning and the 1954 Hague Convention, and how other states can learn from this study, is finally discussed.

This article examines the impact of the coronavirus pandemic on a provincial art market to shed light on how gallerists, auctioneers, and antique dealers have coped with this exogenous event. Provincial intermediaries, active in the lower ends of the art market, are characterized by economic properties that differ from those of the upper-end markets. Their location at the periphery of metropolitan centers, combined with the characteristics of supply and demand, are likely to affect their ability to face a global crisis. Based on 15 semi-structured interviews with provincial intermediaries, this research reveals the unexpected performance of local auction houses and antique dealers active in the secondary art market. We attribute this performance to the use value of lowbrow cultural goods, the willingness of local auction houses to embrace the benefits of online two-sided markets, and their ability to offset a pent-up demand, especially among Generation Y. Recommendations to prompt provincial art market players to sustain the positive externalities of the crisis in the long run are provided.

While the illicit trade in Cycladic figurines is a well-known phenomenon, and the escalatory impact of auction sales upon the looting of Cycladic deposits is widely accepted, there has been to date no systematic study of commercial transactions in Cycladic figurines. This study addresses this gap by performing a quantitative market analysis of auction house sales in Cycladic figurines between 2000 and 2019, examining the frequency with which they appear on the market, fluctuations in their price, and the nature of their provenance. In doing so, it sets out a methodology for navigating the ambiguous nature of antiquity market data, which can often give the misleading impression of a reforming market if the latent commercial contexts are not considered. Overall, a comprehensive insight is gained into the present state of the antiquities market in Cycladic figurines. This insight contributes much needed empirical data on the illicit antiquities trade and offers a new interpretative methodology that can be incorporated in future studies that seek to understand the true nature of antiquity market data.

Afghanistan’s cultural heritage has faced extreme challenges over recent decades, experiencing the simultaneous impacts of numerous disasters such as war, the looting of museums, illegal excavations, and deliberate destruction caused by extreme ideological beliefs – the last diminishing not only Afghanistan’s but also the world’s cultural heritage. However, these incidents and experiences have also provided lessons for the protection of cultural heritage. Despite progress since 2004, the return of the Taliban and their treatment of Afghanistan’s cultural heritage during their previous regime have raised growing concerns for the country’s cultural heritage and fears of that sad history repeating itself. In this article, we examine the progress made in protecting the rights related to cultural heritage in Afghanistan since the fall of the Taliban in 2001, especially in relation to its protection and safeguarding age. To this end, it examines the basis of the current cultural heritage legislation, the identification and registration of heritage elements, the legal tools for regulating heritage, and how its protection is monitored and evaluated. Addressing the challenges that this process faced, it questions what responsibilities should be placed on the Taliban following their recent return to power.

Many of the known Cycladic figures – the late prehistoric human-shaped sculptures from the Aegean archipelago – came from twentieth-century illicit excavations, especially in the 1960s and 1970s. It is also known that figures were being faked at the time and perhaps also earlier: a few fakes have been identified, whilst other figures are under suspicion. Interviews with a man who faked Cycladic figures in the 1980s and 1990s give us a first insider’s autobiographical account of the forging business. This article offers, step-by-step, the method that two forgers developed to create fake figures, to treat them so that they appeared ancient, and to sell them on. The forger has identified a few of these forgeries from photographs of figures; his story is consistent with other information and seems to ring true. By verifying various elements in the forger’s testimony – from names of well-known figures in the modern antiquities market to small details and dates – we have been able to evaluate the validity of the narrative; to use it in order to uncover the true paths that fake objects followed into various collections; and to highlight valuable provenance information that no one involved in trading these objects was ever willing to provide.

The conference report from the international conference “Decolonizing Heritage: The Return of Cultural Objects to Africa – An International Law Perspective,” which was held on 23–24 September 2021 at the Université de Genève.