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Ethics Texts

Collected by Paul Johnston

Statutes of the International Council of Museums (ICOM)

Code of Professional Ethics. 1987.

A museum should not:

3.2. Acquire by purchase objects in any case where the governing body or responsible officer has reasonable cause to believe that their recovery involved the recent unscientific or international destruction or damage of ancient monuments or archaeological sites.

Each museum should develop policies that allow it to conduct its activities within appropriate national and international laws and treaty obligations, and with a reasonable certainty that its approach is consistent with the spirit and intent of both national and international efforts to protect and enhance the cultural heritage.

3.3. All planning for field studies and field collecting must be preceded by investigation, disclosure, and consultation with both the proper authorities and any interested museums or academic institutions in the country or area of the proposed study sufficient to ascertain if the proposed activity is both legal and justifiable on academic and scientific grounds. Any field programme must be executed in such a way that all participants act legally and responsibly in acquiring specimens and data, and that they discourage by all practical means unethical, illegal, and destructive practices.

Bylaws of the Council of American Maritime Museums (CAMM)

As amended and approved September 26, 1978, April 25, 1987, May 21, 1988, April 28, 1989, and April 20, 1990.

"CAMM member institutions shall adhere to archaeological standards consistent with AAM/ICOM."

"CAMM member institutions shall not knowingly acquire or exhibit artifacts which have been stolen, illegally exported from their country of origin, illegally salvaged or removed from commercially exploited archaeological or historical sites."

Archaeological Societies' Position Statements

From Underwater Archaeology: The Proceedings of the 14th Conference on Underwater Archaeology, edited by Calvin R. Cummings, San Marino, CA: Fathom Eight Special Publication 7, 1986.

Calvin R. Cummings states that throughout history, "(…) nothing clouds intellectual reason more than the "flash of gold" (greed). Eyes glaze over, minds become fogged, and reason evaporates. In chasing the "lure of gold" individuals and groups invent amazing rationales to explain their departure from societal order."

Society for American Archaeology (SAA)

"To advocate and to aid in the conservation of archaeological data; to discourage commercialism in the archaeological field and to work for its elimination."

"The practice of collecting, hoarding, exchanging, buying, or selling archaeological materials for the sole purpose of personal satisfaction or financial gain are declared contrary to the ideals and objects of the Society."

Society of Professional Archaeologists (SPA)

"A professional archaeologist has the responsibility to:

  • Conserve the total cultural resource base.
  • Discourage, and if possible prevent, destruction of archaeological sites, or portions of sites for the purpose of acquiring materials for other than scientific purposes.

An archaeologist shall:

  • Actively support conservation of the archaeological resource base;
  • Avoid and discourage exaggerated, misleading, or unwarranted statements about archaeological matters that might induce others to engage in unethical or illegal activity;
  • Support and comply with the terms of UNESCO Convention on the means of prohibiting and preventing the illicit import, export, and transfer of ownership of cultural property."

Society for Historical Archaeology (SHA)

"The collecting, hoarding, exchanging, buying, or selling of archaeological artifacts and research data for the purpose of personal satisfaction of financial gain, of the indiscriminate excavation of archaeological sites, including underwater wrecks, are declared contrary to the purposes of The Society. To support this position, The Society shall initiate or endorse efforts to discourage unnecessary destruction of archaeological resources by public and private institutions, agencies, and corporations. Further, The Society encourages its members not to condone the use of their name or research findings by others engaged in illegal or unethical activities, and to report knowledge of such activities to appropriate authorities and professional societies."

(Ethical Position Statement)

National Association of State Archaeologists

"To facilitate communication among State Archaeologists and thereby to contribute to the conservation of cultural resources and to the solution of problems in the profession. Consensus views of NASA will be communicated to governmental agencies and organizations concerned with management of cultural resources."

(Purpose Statement)

Association for Field Archaeology

"To serve as an instrument for the discussion of and action concerning the recovery, restoration, and primary interpretation of excavation material, and the protection of antiquities, including opposition to the dealing and the illicit traffic in such materials."

(Purpose Statement)

Society for California Archaeology (SCA)

"The gathering of archaeological specimens of the destruction of archaeological sites for the purposes of selling artifacts or finding souvenirs shall in all instances be forbidden."

(Code of Scientific Ethics)

Archaeological Institute of America (AIA)

"The Archaeological Institute of America condemns the destruction of the material and historical records of the past by the plundering of archaeological sites both in the United States and abroad and by the illicit export and import of antiquities."

"The Archaeological Institute of America applauds the efforts of local authorities, both in the United States and abroad, to prevent the despoliation of archaeological sites and the illicit export and import of antiquities and archaeological materials, and pledges its support to such efforts."

(Resolution)

American Society for Conservation Archaeology

"…the practice of collecting, hoarding, exchanging, buying, or selling archaeological materials for the purpose of personal satisfaction of financial gain are declared contrary to the ideals and purpose of the society."

Statement by The American Association of Museums (AAM)

Submitted to the Subcommittee on Oceanography of the Committee on Merchant Marine and Fisheries of the U.S. House of Representatives, on H.R. 74, The Abandoned Shipwreck Act. April 21, 1987.

The AAM supported the passage of HR 74, the Abandoned Shipwreck Act.

Through several acts of Congress in recent years, the nations public policy has strongly embraced the need for a federal presence in the protection of natural, historical, and archaeological resources. Further, the federal government has taken an essential role in assisting museums and other cultural institutions to undertake the critical task of preserving artifacts of artistic and historical significance. However, one valuable resource of both archaeological and historical import that does not receive such treatment and is in need of protection from potential destruction and exploitation are historic abandoned shipwrecks.

The Abandoned Shipwreck Act provides the necessary protection of abandoned shipwrecks in state waters. This bill would remove shipwrecks of historic importance found on submerged lands from the jurisdiction of federal admiralty law. Unlike archaeological sites on land, the ability of states to manage sites on their submerged law is not explicitly stated in U.S. law. Hence, in absence of federal recognition of the special nature of historic shipwrecks, these wrecks are subject to admiralty law whereby a "finders-keepers" theory awards wrecks to commercial salvors or others establishing a claim to them for the purpose of personal gain. This "finders-keepers" system directly contradicts laws protecting archaeological sites on land that prohibit salvage, looting, and commercial exploitation.

Admiralty law was developed for a worthwhile and necessary purpose, a need that it continues to effectively serve in many situations. However, changing attitudes toward cultural preservation of all kinds, combined with the rapid development of underwater technology, have demonstrated that exceptions to admiralty law are necessary.

Historic shipwrecks attract archaeologists, sports divers, and treasure salvors for a variety of reasons – exploration, scientific inquiry, and recreation. Yet, if commercial mining of these wrecks remains unchecked and they continue to fall prey to any and all who may assert claim to them, few historic underwater sites will be left for current and future generations of scholars, underwater enthusiasts, and the general public.

The United States may be the only nation with a substantial number of historic shipwrecks that has not enacted legislation recognizing the importance of protecting these resources. As a world leader in the development of human achievement and the preservation of its heritage, the United States must establish a responsible federal policy on historic abandoned shipwrecks that provides for the orderly and archaeologically sound excavation of sites when salvage takes place.

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