The State Hermitage Museum: Information

Culture has its rights
Article in Sankt-Petersburgskie Vedomosti Newspaper
30 May 2012 (N 096)

We recently opened a large exhibition in Japan. It is being held in a wonderful location, the National Art Centre, which was built by on of the great contemporary architects, Kisho Kurokawa, who, unfortunately, passed away several years ago. His architecture merges with nature. Kurakawa designed the new St. Petersburg stadium.

The exhibition comes from the State Hermitage Museum - a symbol of our solidarity with the Japanese people, having survived the earthquake and tsunami. Following a catastrophe it is rare for someone to decide to bring an exhibition there. The opening ceremony was darkened with the knowledge that everything in this world is transitory, that it may disappear at any moment. The Japanese have been proud that they can overcome everything. Now environmental catastrophes have shattered this belief. Many people, even in other countries live with the sensation that nothing in this world is stable - art is able to give support to people who need comfort.

After Japan was a trip to Bahrain where an exhibition was opened which will come to the State Hermitage Museum in July. This beautiful archaeological exhibition shows the ancient culture of the country, which the Sumerians thought was heaven. They believed that the source of eternal life lay there. According to the legends, Alexander the Great went there in the search of eternal life.

Bahrain was recently considered one of the most successful countries in the Middle East but is uneasy today. Oil was found there a long time ago. Oil was found a long time ago which lead to the well-being. Now this source is running out, oil is only extracted from the continental shelf. But a large banking centre was established and a plan was developed to survive after the oil was gone. This is an example of a well-off and developed Muslim country, but quite enlightened. Bahrain has done much to preserve its social world. Sunnis and Shiites live in the country. The calm was clearly broken with the aid and influence of Shiites in Iran, which attempts to play the role of a great power. Shiite protests have begun and they continue even now. Tyres burn and you can smell tear-gas. I met with the king of Bahrain and the prime minister, we talked about how suddenly calm can be broken. I think they’ll deal with it.

Culture even in a situation like this can serve to calm people and act as compensation. The exhibition is such compensation. The fact that it will come to the State Hermitage Museum has a great deal of meaning to Bahrain. The art of this country is renowned and valued around the globe. They value the work that goes into protecting the cultural heritage there. Last year a UNESCO meeting on cultural heritage was meant to take place in Bahrain. But the troubles began and the committee members did not arrive. When I was in the capital of Bahrain they were holding cultural seminars. UNESCO’s position had lowered their level. This made a deep impression on the country’s morale.

We are opening the exhibition at the State Hermitage Museum at the same time when a meeting of the UNESCO committee for cultural heritage will be held in St. Petersburg. Its representatives that did not travel to Bahrain will come to the State Hermitage Museum and see Bahrain in St. Petersburg. It is time to recognise that culture is not a lever to pressure governments but a conciliator. It has its own rights and possibilities. It interferes in politics in order to conciliate, compensate, and morally support people, whether they are in Japan, Bahrain, or anywhere else.

Museums support culture’s humanitarian role. I spoke about the international legal forum which has just recently been held at the State Hermitage Museum. It was dedicated to cultural dialogue. Its main idea was the challenges of the 21st century in a global world. The State Hermitage Museum was a cofounder of the forum. When we were preparing for the forum we agreed that it would be focused on linking culture with art.

At the plenary meeting with the Russian Federation prime minister and the ministers of justice from various countries attending, I was the moderator and spoke about the rights of culture, which was first mentioned by Dmitry Sergeevich Likhachev. We often discuss this, but in our own circle, with people who understand what we are talking about. For the first time at the international legal forum we heard people saying that cultural rights are different from property rights and human rights. This should be written into international law. This idea struck a cord with the lawyers.

The discussion was followed by practical things. First and foremost was legal protection of monuments. A round table in which specialists from Moscow and St. Petersburg participated was moderated by Deputy Justice Minister Yury Lubimov. The conversation largely focused on what is happening in St. Petersburg. This was illustrated with gloomy pictures showing the disappearance of monuments.

I must confess that for a long time we have been going about in some sort of circle. While Japan shakes from an earthquake, and Bahrain from political disturbances, so do we tremble as our monuments are worn away. It is clear that the system is not working well. The fate of monuments often depends on the good will of the governor, developer or contractor. What do we need to do so that trivial matters are determined at a local level and that tough legislation demands, watches, judges and punishes from above? Legal norms are needed to protect culture in the form of monuments. Lawyers are considering the options. Some things have already been done, several points will be introduced into the Civil Code. We will see how it works.

Another important topic was not overlooked - the protection of items on visiting exhibitions. It sounds down-to-earth but in reality it means protecting museum collections. An interesting exchange of views took place, based on a series of international scandals. In particular, the case of the Schneerson Library which ceased museum exchanges between Russia and the United States. The American court decided that it had the right to determine the fate of objects located in Russia. At one time in France when an attempt was made to halt a Matisse exhibition from Russian museums, the French court refused to make a decision for a Russian court. In recent times a complicated situation has arisen between Austria and the Czech Republic. Paintings were seized in Austria in connection with the litigation of some company connected with Czech State Television. The threat arises when cultural rights conflict with other rights and with sovereignty.

Our business is to defend cultural rights. One of our Dutch colleagues wrote a book dedicated to the immunity of artworks from seizure. It includes many episodes of museums’ struggles

Protection for exhibitions must be written into international law, even if it is a claim that must be defended in court. Russian and western specialists spoke about the legal possibilities which would enable these problems to be solved. But in order to do so we need political will. In other words, cultural interests should be paramount for those who are obliged to carry out the law.

The forum came up with a programme to protect cultural rights, and also subjects for further thought and discussion. How is it possible to unite different legal cultures and law systems? One acquires dominance, the others are subjugated, or all have equal rights, which seems barely possible. It is clear that it is necessary to talk this through and find general points of agreement.