Preserving Jamaica’s Artistic Heritage

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Jamaican Taino – Figure with canopy (facing left) © The Trustees of the British Museum

This post is adapted from the paper I have recently presented at the “Regional Workshop on the Conventions on the Illicit trafficking of Cultural Objects”, which was hosted by the Jamaican Ministry of Culture, Gender, Entertainment and Sport. This workshop was held at the Jamaica Pegasus, from March 2-5, 2020. Among the topics for discussion were: Jamaica’s restitution claims, the steps required for Jamaica to become signatory to the relevant treaties and conventions, international best practices, and measures to mitigate the illicit trade and any other inappropriate or undesirable export of cultural goods. These measures include the proposed establishment of a Register of Significant Cultural Goods which would be subject to certain restrictions with regards to trade and export.

In my presentation, I moved away from customary focus on antiquities in discussions on illicit trade and restitution, and focused instead on modern and even contemporary art. You may ask, why bring up contemporary art in such a discussion, as this is a field where cultural and market values are still being negotiated? History has shown us that this may happen very quickly and that a lot of what has been lost in terms of already recognized cultural heritage occurred because its value was not recognized in its own time and the necessary steps were not taken to protect it then. Discussions about cultural heritage preservation cannot neglect the present or, for that matter, the future. It must be informed by a keen eye on changing cultural dynamics and new developments in creative production, so that wise, well-informed decisions are made about what will be the Significant Cultural Objects of the future.

My focus in this paper is on the issues that surround private art collecting in Jamaica, and some of the activities, services and problems that surround it, particularly the fraught dynamic between private art collecting and public cultural preservation. While most of our discussion in the MCGES workshop was, by virtue of its focus on international conventions and treaties, concerned with cross-border transactions, I spoke mainly about domestic dynamics. My position is that we cannot discuss legal and policy frameworks, restitution issues, and ethical standards with regards to the international trade in cultural property, without considering the problems that occur on the domestic level, as the two are deeply connected. Given certain recent events and developments here in Jamaica, and elsewhere in the Caribbean, there is some urgency there.

A significant part of the problem in the Jamaican context, and in much of the rest of the Caribbean, stems from the informality of the local art market, of which a significant part is entirely off the record and undocumented. This means that much of the trade in art falls outside of the tax net, which is an issue in and of itself, but the secrecy that surrounds the art market in Jamaica also means that proof of ownership is often lacking and that it is very difficult to establish and document provenance, let alone to keep any tabs on how Jamaican art circulates locally or in the international market. This lack of transparency leads to the potential loss of important works of art for Jamaican public collections and makes ventures that may help to mitigate any illicit international trade, such as the proposed Registry of Significant Cultural Objects, very difficult to implement.

Needless to say, this informality also opens the door wide for all sorts of other art market problems, such as art theft and forgeries, and also facilitates the potential involvement of money laundering activities. While the latter is hard to substantiate, it is well documented that art theft has occurred on a number of occasions in Jamaica in the last two decades. It has involved the theft of work by certain well-recognized, up-market artists, in heists that were obviously carefully planned and deliberately targeted, but also more random and pedestrian motivations, such as the scrap metal trade. Forgeries have in recent years also occurred with some frequency in Jamaica, although it is not clear whether they originate locally or are created elsewhere – I suspect that it is a combination of both. From what I have seen recently I have good reason to believe that high quality forgeries of the work of certain major Jamaican artists are again circulating, locally and potentially also internationally. If there is no practice of producing and expecting proper provenance documentation, such fraud becomes a lot easier and is much harder to control.

None of this is in the interest of the preservation, reputation, and good management of Jamaica’s cultural heritage, of course, or of the general health and welfare of its art world. There is an urgent need for formalization, documentation, and judicious regulation of the local art market, without lapsing into prohibitive over-regulation, as well as education about why sensible documentation is beneficial. Artists, for instance, often resist the notion that they, too, might have to pay taxes but fail to understand that it is much harder to insist on intellectual property benefits, such as resale royalties, if first sales are not on the record. Art collectors, on the other hand, typically take the view that their holdings are a strictly private matter and that making such holdings available in the public domain is discretionary. That their holdings may be part of the collective cultural property of Jamaica is only rarely a consideration – there is a difference between moral or cultural and legal rights here, but both matter.

Ironically, it is impossible to sell any real estate or even the cheapest, most run-down second-hand car without a proper title, and these are mechanisms that are quite well-regulated in Jamaica, but works of art that sell for prices that may rival those of the country’s omnipresent luxury cars change hands without any documentation of the transaction or the new ownership – it is privileged knowledge to those few who might know, which is not good enough for art works of significant importance. It might be helpful to introduce a formal titling system for duly authenticated art works over a certain value, without which no property transfers could take place, and that such titled art works should also be subject to the sort of export permitting similar to what for instance exists in Cuba and other countries that take their cultural heritage seriously, with a provision for a right of first refusal for the relevant public collecting institutions in the case of permanent exports.

Belisario - Koo Koo Actor-Boy
Isaac Mendez Belisario – Koo-Koo, or Actor Boy, from Sketches of Character, 1837-38

As Kevin Farmer, Deputy Director of the Barbados Museum and Historical Society, pointed out in the workshop, the Barbados National Gallery Act, which provides the legal foundation for the establishment of such an institution, includes a provision to control the export of Bajan art. Unlike Barbados, and the other countries that have such institutions in the region, however, Jamaica has no National Gallery Act – the National Gallery of Jamaica (NGJ) falls under the general provisions of the Institute of Jamaica (IoJ) Act, in which the NGJ is not even mentioned and its functions only most vaguely outlined. There is no provision in the IoJ Act for any controls on the export and local private sale of Jamaican art, for the preservation of significant art works, of the work by a particular artist, of particular categories of art, or of private collections that may be of national import (or for any other cultural objects, for that matter). For now, such powers reside solely with the JNHT, which is preoccupied mainly with monuments, sites, and archaeological artifacts, and only theoretically with the visual arts.

Legal reform is surely needed to address these gaps, whether this is through the JNHT, the IoJ or a proper NGJ act, which is the route I would prefer, as I believe that a specialized approach is needed for the visual arts, as this involves (or should involve!) specialized skill sets. The NGJ is in fact the only such institution in the Caribbean region that is not supported by its own statute and, in my view, this anomaly should have been corrected years ago, as it is detrimental to the institution and its governance, and potentially, even its long-term survival. The institution can cease to exist, or be merged with another museum, with the proverbial stroke of the pen – an earlier post on this subject can be found here.

The informality of the local art market is also a major problem for NGJ acquisitions, although the majority of these have in recent years been from living artists. The ICOM Code of Ethics provides quite clear guidance on the standards that are applicable to museum acquisitions, in terms of the need for title, but it is difficult to enforce this in a context where provenance and ownership documentation are more often than not non-existent. The lack of transparency and any specialized regulatory framework in the Jamaican art market also has other consequences and there is a difficult subject I need to broach here: namely the conflicts that arise from the way in which the NGJ has been interacting with private collectors, which goes well beyond the normal practice of cultivating good relationships with collectors for loans and as potential donors.

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A Note on Art Appraisals

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People approach me all the time with requests for appraisals of works of art. While it is clear that the demand is present here in Jamaica, and that I could perhaps make a pretty penny if I would offer such services, I am reluctant to do so for two reasons. One is that I am more comfortable working on the non-profit, academic side of the art world and do not generally involve myself in the art market. The other is my discomfort with the lack of professional standards and accreditation mechanisms in the field of art appraisals in Jamaica. Although there are persons who do such work with great diligence and integrity, I often see and hear things that make my toes curl.

Let me first clarify what an appraisal is, since many in the local art world conflate it with a valuation, although the latter is of course the most common part of it. Appraisals may involve other considerations, such as ascribing a work of art to a particular artist, place of origin, and period, or ruling out forgeries (and art forgeries do occur in the Caribbean). Appraisals may also involve the production of condition reports, although these are often better done by a professional conservator; provenance documentation; and assessments of an art work or collection’s quality and significance. Appraisals and valuations are done for different purposes, for instance to determine the fair market value in the case of a sale between willing parties; for insurance, estate or taxation matters; or in any other case where such a professional opinion is needed.

The international standard is that appraisals should be conducted in an ethical and professional, manner, by persons who are appropriately qualified and accredited, and the processes involved must be transparent, verifiable, independent, and knowledgeable. The valuation part provides an informed estimate of the art work’s value for the purpose that this estimate this is needed – the valuation for an auction may be different, for instance, from the one for an insurance claim. The key point with regards to valuations and authentications is, however, that these should not be pulled out of a hat, represent wishful thinking, or worse, amount to an unethical attempt at influencing the market, in favour of the appraiser or a third party affiliated with the appraiser. The article linked here provides a quite thorough overview of standards that apply in the US context and what appraisals may be used for.

As a general rule, art appraisals are done by experienced art historians or other persons with advanced and verifiable qualifications in the field. Since appraisals require specialist knowledge, it is expected that the appraiser will have the appropriate specialist scholarship and experience on the sort of art to be appraised: a specialist in, say, Italian Renaissance art would not have much to say about the work of a Jamaican painter from the 1930s or 40s; nor would a specialist in Jamaican art be called upon to appraise, say, a work from the Russian Avant-garde. In-depth knowledge is also required of the market(s) in which a work of art may appear, and the valuation part of an appraisal is also contextual: a Jamaican painting may have a different market value in the Jamaican context than in, say, in Canada. The findings presented in an appraisal of a particular work of art may also change over time, as new information and authentication technologies become available, and as market dynamics change. And ultimately, no matter how diligent the appraiser is with his/her research and evaluation, an appraisal remains, in most cases, an informed opinion, based on rather subjective factors. It is necessary to keep in mind that art values are among the most subjective of all property values.

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Salvator Mundi

The attribution of Salvator Mundi, which some authorities have claimed is by Leonardo da Vinci himself and which consequently sold at auction for a record US$ 400 million in 2017, is an example of how widely those opinions can diverge. The painting’s authenticity has been repeatedly challenged and is presently once again in doubt. And the recent controversy that the work may have been for  sale when it was exhibited at the National Gallery in London in 2011, as a confirmed work by da Vinci, illustrates why public museums ought to stay away from actions that may influence the art market, as its critics imply that this powerful but perhaps ill-advised endorsement, by means of its inclusion a major museum exhibition, would have influenced its market value inappropriately.

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In the Trenches: On Being the Subject of Hostile Art Works

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Michelangelo – King Minos in The Last Judgement (1535-1541) , Sistine Chapel, Vatican

There is a long and not always auspicious history of artists using their work to retaliate against critics and other personal enemies. One famous example is the King Minos figure in Michelangelo’s Last Judgement (1535-1541) fresco in the Sistine Chapel, which was very controversial at the time of its creation (and on several occasions after), because of the frontal (male and female) nudity and the orgiastic quality of the composition. (There is a fascinating TEDx talk art historian Elizabeth Lev on the scandal caused by the Last Judgment – I highly recommend viewing it.) King Minos, who is in the bottom of the hell section of the painting, donkey-eared and besieged by demons and serpents, is actually a portrait of Biagio da Cesena, the master of ceremonies at the Vatican, who had questioned the fresco’s suitability for the Sistine Chapel and notoriously exclaimed it would be more suitable for a tavern or a public bath. De Cesena had objected to Michelangelo’s artistic retaliation to Pope Paul III but the Pope refused to intervene, quipping that he had no jurisdiction in hell, and the Last Judgement remained as it had been completed.

There was at least one more such reference to a critic in the fresco – to the satirist, critic (and pornographer) Pietro Aretino, who is depicted as the elderly St Bartholomew. And more oddly, the flayed skin held by St Bartholomew (who was flayed as part of his martyrdom) is believed to feature an anguished (or angry) self-portrait of Michelangelo himself. It is much harder to decipher what Michelangelo is saying in this particular instance, but it may well be that he is depicting himself as the target of an unfair attack. Aretino had written Michelangelo a letter about the Last Judgment in which he expressed similar concerns as de Cesena subsequently expressed and had, after being dismissed by the artist, lambasted Michelangelo for being gay and “godless,” which were potentially dangerous allegations even in Renaissance Italy. Ironically, Aretino was himself known to have had sexual relationships with men.

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Michelangelo – St Bartholomew in The Last Judgement (1535-1541) , Sistine Chapel, Vatican

Such art works make for good anecdotes and some are in fact quite entertaining – having our enemies dragged by demons into the burning pits of hell is something we all fantasize about at times. But while they were meant to “throw shade” at the person depicted, they also shed light on the personality and intentions of the artist, as the creation of such works sometimes reflects oversized and fragile egos, an unwillingness or inability to contend with criticism, petty vindictiveness, and even clear personal malice. Tellingly, very few are good works of art (OK, OK, I’ll make an exception for the Last Judgement).

This post is not focused on the satire to which public figures should expect to be subjected in the modern world, although even there the question arises about where where the line should be drawn between “acceptable satire,” subject to the principles of freedom of speech, and malicious, personally demeaning representations that may  shade into hate speech. Locally, the cartoons of the Jamaican politician and prime minister Portia Simpson-Miller by the Jamaica Observer cartoonist Clovis are a controversial example and I do believe that lines were often crossed there, with depictions of Mrs Simpson-Miller as an ignorant “ghetto” virago that were arguably sexist, classist and even racist.

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One of the many Trump Cartoons that appear on the daily basis

But what to say about Trump? He is such a problematic public figure, and such a threat to important social, cultural and political values, that it is hard to feel sorry for how he is depicted in the many cartoons, memes, comedy routines and late night TV roasts that pop up constantly in the USA and elsewhere in the world (as well as the occasional work of art). Most are funny and, while politically pointed, not personally offensive, as the one above illustrates, although it is obviously hard to resist the lure of his crazy, self-inflicted hairdo. Normally, I get uncomfortable when public figures are depicted in a sexually demeaning fashion, as these may amount to unwarranted personal violations, and there have been a few such of Trump that focused on alleged penis size etcetera. But then again, his openly sexist attitudes towards women, his own appearance, which does not exactly qualify as the “perfect 10” standard to which he holds women, and the allegations of unwanted sexual approaches to various women, make it harder to object when he is so depicted.

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Ines Doujak – Not Dressed for Conquering/Haute Couture 04 Transport (2011)

But to return to art, a well-known instance of an art work that raised questions about the representation of public figures is Not Dressed for Conquering/Haute Couture 04 Transport (2011), a mixed media installation by the radical feminist Austrian artist Ines Doujak.  In this work the former Spanish King Juan Carlos I is sodomized by the late Bolivian labour leader and feminist Domitila Barrios de Chungara, who is in turn sodomized by a dog. It was included in 2015 in an exhibition at Barcelona Museum of Contemporary Art, which was temporarily closed by the museum director Bartomeu Marí, who also fired two of the exhibition curators — an act of censorship triggered by this particular work that outraged many in the international art world. Marí subsequently resigned and the work has since then been shown elsewhere in Europe and South America.

Most of the discussion was focused on the depiction of the Spanish monarch, but it appears to me that Domitila Barrios, who is in fact the central figure in the work, fared no better, and it is not clear to what end exactly, as there has been very little discussion of the actual content and intent of the work. To me, that is where Not Dressed for Conquering is problematic and a lot of Doujak’s work can in fact be construed as sensationalist and sexually exploitative, of the very women and feminist interests she claims to represent. So perhaps lines were crossed in Not Dressed for Conquering, and arguably not those that attracted the most public attention, but I do not think that censorship was the answer, as pointed critiques and careful analysis of the work would have been far more useful. Doujak has, ironically, been sheltered from any such critiques by being “martyred” as a victim of censorship.Read More »

Too Close for Comfort

bee-e1452114220653I have a bee in my bonnet. And I have been writing about it here and there on social media, as those who follow me on Facebook will have noticed. It is about the incestuousness, the cliquishness, and the endemic conflict of interest issues that plague the Caribbean art world. Issues that are, if they are even recognized,  often quietly accommodated, buttressed by a disturbingly common “wink-wink, nod-nod, it’s all good as long as I benefit” mentality. Or even vociferously defended as being somehow desirable and beneficial to all, especially in light of the supposedly immense and all-justifying personal sacrifices made by those involved, etcetera. Yet these issues are also the greatest source of alienation, bitterness and division within the Caribbean art world and too much that is (or could be) of real value is not supported or ever seen because the person(s) associated with it are not “in the loop.” And while these issues are a common topic in hushed, “off the record” conversations throughout the region, they are only rarely spoken about in public, at least not in any detail. It appears that we are all afraid of shaking up that particular dolly house. Perhaps there is too much fear of repercussions, of being ostracized or missing out for not “playing along”?

I will be told that this is not unique to the Caribbean art world, that it is endemic throughout the global art world. And indeed, there are countless stories all over about curators including work by their lovers in the exhibitions or acquisitions they are handling, and about art jobs and appointments being negotiated in the bedroom, and there is significant, inappropriate overlap between the for-profit, market functions of the art world and those that are supposed to be not-for-profit and for the public benefit. But somehow it feels worse, and more damaging here in the Caribbean, perhaps because there is still more at stake, in terms of artists and other art professionals who are competing for scarce resources and opportunities, and who often do not get the support and compensation their efforts or talents deserve, and in terms of the broader social stakes.

Part of this has to do with how Caribbean societies function, the smallness and the close proximity. Everybody knows everybody, and sometimes too well: people went to school together, they are related, they are past or present friends or lovers (or hopefuls!), or bitter rivals and enemies, and one does not have to exclude the other. Much of this incestuousness is fueled by the unearned privilege and deep-rooted sense of entitlement of those who are already major beneficiaries of how Caribbean societies typically function, by virtue of their position in the race-class hierarchies, their education, their access to travel and resources (and that includes the ability to get visas), and their personal and political affiliations–positions of privilege which very few are ever willing to surrender or even acknowledge. And yes, some are new, or relatively new, to these positions of privilege, and many are struggling financially (or think they are, although they are not really poor), but their lack of self-reflexivity about these issues is often just as real as that of those who have a more established and secure position in it. And some participate just as enthusiastically in the self-perpetuating “mutual benefit societies” that make the Caribbean art world tick.

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