Statistics from the Chinese Cultural Relics Society indicate that due to wartime plundering or iniquitous trade since 1840, China has lost over 10 million Chinese cultural relics. UNESCO has estimated that around 1.67 million Chinese cultural relics are housed in over 200 museums in 47 countries, with millions more in private collections. Grave robbing and relic smuggling flourished in the late 20th century due to weak government supervision.
Although UNESCO has treaties in place to protect cultural heritage, they do not work retroactively. The earliest international convention on protection of cultural property, the Convention for the Protection of Cultural Property in the Event of Armed Conflict, dates from 1954, which only applies to states that are party to it. Other conventions in this area are from a later date.
Since the founding of the People’s Republic of China, efforts have been made to retrieve lost national treasures. According to Weng Huainai from the National Museum of China, the country has recovered over 300 batches of more than 150,000 Chinese cultural relics lost overseas.
Lü Weitao, an appraisal expert at the National Museum of China in Beijing, told NewsChina that in the past, repatriation was mainly facilitated through commercial repurchase or personal donation. Since the 21st century, China has shifted emphasis to diplomatic negotiations, legal recourse and international cooperation.
Most Chinese experts agree that commercial repurchase should not be encouraged. According to Wang Yunxia, director of the Institute of Cultural Heritage Law at the Renmin University of China in Beijing, it not only interferes with the Chinese government’s recovery of cultural relics through diplomatic or legal channels, but also conveys the wrong message to looters and dealers of stolen cultural artifacts. This could drive up prices and further endanger the safety of cultural relics in their source countries.
Over the past two decades, international cooperation has played a more important role in the return of lost cultural relics.
Located in Quyang County, Hebei Province, the tomb of Wang Chuzhi (863–923), a military governor of the Tang and the Later Liang dynasties, was robbed in June 1996.
In February 2000, a wall panel from the tomb resurfaced in a Christie’s auction catalogue in the US. The next month, the State Administration of Cultural Heritage (SACH) sent a diplomatic note to the US Embassy in China to request the withdrawal of the object from auction and its return to China.
Through collected evidence such as soil samples from the panel, the artifact was proven to have come from Wang Chuzhi’s tomb.
The US filed a civil action suit in a New York district court seeking the forfeiture of the mural pursuant to the Cultural Properties Implementation Act and authorized US Customs to seize the sculpture.
On May 26, 2001, the sculpture finally arrived in China. It was the first time China had successfully retrieved a lost cultural relic from an international auction.
The repatriations of zodiac bronze heads from the international art market exemplify this change. In 1860, bronze animal heads that were part of the water clock designed by Italian Jesuit Giuseppe Castiglione for the Old Summer Palace were looted during the sack of Beijing by Anglo-French troops.
They began to appear on the international art market in the 1980s. In 2000, the State-owned China Poly Group Corporation purchased the monkey, ox and tiger bronzes at auctions held by Christie’s and Sotheby’s in Hong Kong. Then in 2003 and 2007, Macao casino tycoon Stanley Ho purchased the boar and horse bronzes and donated them to China.
Realizing China’s eagerness to recover their lost relics, the prices for these bronzes, along with other Chinese artifacts, soared in just a few years. In October 2008, Christie’s announced that the rat and rabbit bronzes, part of French designer Yves Saint-Laurent’s collection, would be auctioned in Paris in February 2009.
This triggered fury in China, where the public accused the auction house of a “second plundering.” SACH condemned the auction and opposed buying them back. A group of Chinese lawyers and the Association for the Protection of Chinese Art in Europe filed a lawsuit in Paris seeking an injunction, but were denied.
The auction proceeded and the two bronzes were purchased by an anonymous telephone bidder for a total of 31 million euros. Hours after the sale, SACH officially condemned the auction and tightened controls on Christie’s activities in China. Unexpectedly, the winning bidder, Chinese collector Cai Mingchao, refused to pay the purchase price, claiming the bid was an attempt to sabotage the sale to protest on China’s behalf. Then in 2013, French fashion conglomerate billionaire François-Henri Pinault donated the two bronzes to China after purchasing them from Pierre Bergé, co-founder of the Yves Saint-Laurent label, for an undisclosed amount.
A good bilateral relationship can benefit the repatriation process, said Lü Weitao, who cited the repatriation of 796 artifacts from Italy in March 2019. To date, China has signed bilateral agreements or memorandums of understanding on cultural property with 22 countries, including Peru, Italy, India, the Philippines, Chile, Greece, the US, Turkey, Egypt, Australia and Switzerland, according to SACH.