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ICOM Code of Ethics for MuseumsThe ICOM Code of Professional Ethics was adopted unanimously by the 15th
General Assembly of ICOM meeting in Table
of Contents 2. Basic Principles for Museum Governance
2.1
Minimum Standards for Museums 2.2
Constitution 2.3
Finance 2.4
Premises 2.5
Personnel 2.6
Friends of Museums and Supporting Organisations 2.7
Educational and Community Role of the Museum 2.8
Public Access 2.9
Displays, Exhibitions and Special Activities 2.10
External Funding and Support 2.11
Income-Generating Activities 2.12
Legal Obligations 3. Acquisitions to Museum Collections
3.1
Collections 3.2
Acquisition of Illicit Material 3.3
Field Study and Collecting 3.4
Co-operation Between Museums on Collections Policies 3.5
Conditional Acquisitions 3.6
Loans to and from Museums 3.7
Conflicts of Interest
4.2
Legal or Other Powers of Disposal 4.3
Deaccessioning Policies and Procedures 4.4
Return and Restitution of Cultural Property 5.1
Ethical Obligations of Members of the Museum Profession 5.2
Personal Conduct 5.3
Private Interests 6.
Professional Responsibility to the Collections
6.2
Care of Collections
6.4
Documentation of Collections 6.5
Welfare of Live Animals 6.6
Human Remains and Material of Sacred Significance 6.7
Private Collecting 7.
Professional Responsibility to the Public
7.2
Relations with the Public 7.3
Confidentiality 8.
Professional Responsibility to Colleagues and the Profession
8.2
Professional Relationships 8.3
Research 8.4
Dealing 8.5
Other Potential Conflicts of Interest 8.6
Authentication and Valuation (Appraisal) 8.7
Unprofessional Conduct 9.
Application of the ICOM Code of Ethics for Museums
9.2
Use of the Name and Logo of ICOM ANNEX:
Definition of the Museum and Professional Museum Workers 1.
Introduction The ICOM Code of Ethics for Museums is a means of professional
self-regulation. It sets minimum standards of conduct and performance
to which all museum professional staff throughout the world may
reasonably aspire. At the same time it also provides a clear statement
of what the public may justifiably expect from the museum profession.
Although the Code cannot take precedence over the law it may
also take on a quasi-legal role where national law is ill-defined or
non-existent on the matters covered. Like the law, codes of ethics are
influenced by social change as well as developing professional
practice. This has been particularly pronounced with museums as their
contribution to society has expanded from the academic through
education to leisure and tourism, and in the promotion of cultural
identity. In addition the last two decades have seen profound changes
in certain countries with the transfer of public services to the
private and commercial sectors and the establishment of specialist
agencies to service museums. Such change can have a deconstructing
effect on a profession. All involved with the collection and
interpretation of the natural and cultural heritage should find a
common professional bond in this revised ICOM Code of Ethics for
Museums. Membership of ICOM is an affirmation of this Code.
Each section of the Code has now been critically reviewed by
ICOM's Ethics Committee in the light of contemporary museum practice
and edited accordingly. At the same time the Code has been
presented in a less prescriptive manner. This is the first stage
towards a fuller review which, it is intended, will present the
principles of professional practice with guidelines for meeting them;
this is planned for 2004. The present work would not have been
possible without the full support of the President and Secretary
General of ICOM and the large number of constructive comments received
from the Committees and members of ICOM during a year-long
consultation period. The brunt of the work fell on members of the Ethics
Committee
who met for this purpose on three occasions and took part in three
electronic discussions. Geoffrey Lewis Chair, ICOM Ethics Committee ICOM Ethics Committee for the period 2000-2003 Chair: Geoffrey Lewis ( Members: Gary Edson (USA); Per Kåks (Sweden); Byung-mo
Kim (Rep. of Korea); Jean-Yves Marin (France); Bernice Murphy
(Australia); Tereza Scheiner (Brazil); Shaje'a Tshiluila (Democratic
Rep. of Congo); Michel Van-Praët (France).
This section assumes that the institution is a museum providing a public
service, as defined in the ICOM
Statutes
(see
annex)
Where the institution is not a museum but provides services to museums,
these paragraphs are also applicable. 2. Basic Principles for Museum Governance 2.1 Minimum Standards for Museums The governing body of a museum has an ethical duty to maintain and
enhance all aspects of the museum, its collections and its services.
Above all, it has the responsibility of ensuring that all collections
in its care are adequately housed, conserved and documented. The minimum standards for museum finance, premises, staffing and services
may be defined by law or other government regulation in some countries.
In others, guidance on and assessment of minimum standards may be
available in the form of "Accreditation", "Registration"
or similar evaluative schemes. Where such standards are not defined
locally, guidance can be obtained through the National Committee of
ICOM, the appropriate International Committee of ICOM, or the ICOM
Secretariat. Each museum should have a written constitution or other document setting
out clearly its legal status, mission and permanent, non-profit nature,
which is in accordance with the appropriate national laws. The
governing body of a museum should prepare and publicise a clear
statement of the goals, objectives and policies of the museum and of
the role and composition of the governing body. The governing body holds the ultimate financial responsibility for the
museum and for protecting all its resources, including the collections
and related documentation, the premises, facilities and equipment, the
financial assets and the staff. It is required to develop and define
the purposes, and related policies, of the institution, and to ensure
that all assets are used properly and effectively for museum purposes.
Sufficient funds must be available on a regular basis, from either
public or private sources, to carry out and develop the work of the
museum. Proper accounting procedures must be adopted and maintained in
accordance with the relevant national laws and professional accounting
standards. The collections are held in public trust and may not be
treated as a realisable asset. The governing body has an obligation to provide a suitable environment
for the physical security and preservation of the collections. The
buildings and facilities must be adequate for the museum to fulfil its
basic functions of collection, research, storage, conservation,
education and display. They should comply with all appropriate
national legislation in relation to the health, safety and
accessibility of the premises, having regard for the special needs of
disabled people. Proper standards of protection should be in place at
all times against hazards such as theft, fire, flood, vandalism and
deterioration. The course of action to be taken in the event of
emergency should be clearly specified. The governing body has an obligation to ensure that the museum has
sufficient staff and expertise to meet its responsibilities. The size
of the staff and its nature (permanent or temporary) will depend on
the size of the museum, its collections and its responsibilities.
Proper arrangements have to be made in relation to the care of the
collections, public access and services, research and security. The governing body has a particularly important obligation in relation to
the appointment of the director or head of the museum and should have
regard for the knowledge and skills required to fill the post
effectively. The director of a museum should be directly responsible
to and have direct access to the governing body in which trusteeship
of the collections is vested. The governing body should ensure that when the appointment, promotion,
dismissal or demotion of any member of staff occurs, such action is
taken only in accordance with appropriate procedures under the legal
or other constitutional arrangements and policies of the museum. Even
when such action has been delegated to the director or senior staff,
it should ensure that such staff changes are made in a professional
and ethical manner, and in the best interests of the museum. Members of the museum profession require appropriate and continuing
academic, technical and professional training in order to fulfil their
role in the operation of the museum and the care for the heritage. The
governing body should recognise the need for, and value of, a properly
qualified and trained staff, and offer adequate opportunities for
further training and re-training to maintain current awareness and an
effective workforce. A governing body should never require a member of the museum staff to act
in a way that could reasonably be judged to conflict with the
provisions of the ICOM Code of Ethics for Museums, or any
national law or national or specialist code of ethics. 2.6 Friends of Museums and Museums depend on the public to encourage their growth and development.
Many museums have Friends and supporting organisations. It is the
institution's responsibility to create a favourable environment for
such support, recognise its contribution, encourage the practice, and
promote a harmonious relationship between such organisations and the
professional staff. 2.7 Educational and Community Role of the Museum A museum is an institution in the service of society and of its
development and is generally open to the public (even though the
participating public may be limited in the case of certain specialised
museums). The museum has an important duty to develop its educational role and
attract wider audiences from all levels of the community, locality, or
group it serves. It should offer opportunities for such people to
become involved in the museum and to support its goals and activities.
Interaction with the constituent community is an integral part of
realising the educational role of the museum and specialist staff are
likely to be required for this purpose. Museum displays and other facilities should be physically and
intellectually accessible to the public during reasonable hours and
for regular periods. The museum should also offer the public
reasonable access to members of staff and to collections not displayed
or exhibited, by appointment or other arrangement. As holders of
primary evidence, museums have a particular responsibility for making
collections available to scholars as freely as possible. Access to
requested information about the collections should be granted, subject
to restrictions for reasons of confidentiality and security (see
7.3).
2.9 Displays, Exhibitions and Special Activities The primary duty of the museum is to preserve its collections for the
future and use them for the development and dissemination of knowledge,
through research, educational work, permanent displays, temporary
exhibitions and other special activities. These should be in
accordance with the stated policy and educational purpose of the
museum, and should not compromise either the quality or the proper
care of the collections. Museums should be aware that the display of
material without provenance may be seen to condone illicit trade in
cultural property. The museum should seek to ensure that the
information it publishes, by whatever means, is accurate, honest,
objective and well-founded academically. 2.10 External Funding and Museums may seek and accept financial or other support from corporate or
private sources. A policy is needed to define clearly the relationship
between the museum and such support. It is of particular importance
that neither the standards and objectives of the museum nor the
interests of any living communities associated with an event financed
in this way are compromised by such a relationship. 2.11 Income-Generating Activities Many museums provide visitor facilities such as shops and restaurants
that have income-generating potential. In some cases there are other
opportunities for income generation in collaboration with commercial
or promotional activities. To address these issues the governing body
should have a clearly defined income-generating policy regarding the
use of collections, and the purpose of the museum that does not
compromise the quality or care of the collections or the institution.
This policy should clearly differentiate between knowledge-driven and
income-generating activities. Income-generation should be financially
beneficial for the museum but consistent with its non-profit status.
All such activities should be planned and operated as an enhancement
to understanding the museum and its collections. Where voluntary or commercial organisations are involved in income
generation, relationships with the museum must be well defined with a
clear understanding of the activity in its museum context. The related
publicity and products should conform to agreed standards. If
replicas, reproductions or copies of items in a museum's collection
are made, for whatever purpose, they must respect the integrity of the
original and be permanently marked as facsimiles. All items offered
for sale should comply with relevant national and local legislation. Each governing body should ensure that the museum complies fully with all
legal obligations, whether in relation to international, regional,
national or local legislation and treaty obligations. The governing
body should also comply with any legally binding trusts or conditions
relating to any aspect of the museum, its collections and operations. 3. Acquisitions to Museum Collections Each museum authority should adopt and publish a written statement of its
collections policy. This policy should address issues relevant to the
care and use of the museum's existing public collections. It should
state clearly the areas of proposed collecting and include guidelines
for maintaining the collections in perpetuity. Instructions should
also be included in the policy on acquisitions with conditions or
limitations (see
3.5)
as well as a restriction against acquiring material that cannot be
catalogued, conserved, stored or exhibited properly. Collections
policies should be reviewed at least every five years. All objects acquired should be consistent with the objectives defined in
the collections policy and selected with the expectation of permanency
and not for eventual disposal. Acquisitions of objects or specimens
outside the stated policy should only be made in very exceptional
circumstances and then only after careful consideration by the
governing body of the museum. The governing body should have regard to
the professional opinion available to them, the interests of the
object or specimen under consideration, the national or other cultural
or natural heritage and the special interests of other museums.
However, even in these circumstances, objects without a valid title
should not be acquired. New acquisitions should normally be made known
in a regular and consistent manner. 3.2 Acquisition of Illicit Material
The illicit trade in objects and specimens encourages the destruction of
historic sites, ethnic cultures and biological habitats and promotes
theft at local, national and international levels. It places at risk
endangered species of flora and fauna, violates the UN Convention
on Biological Diversity
(1992)
and contravenes the spirit of national and international patrimony.
Museums should recognise the destruction of human and natural
environments and loss of knowledge that results from the illicit
servicing of the market place. The museum professional must warrant
that it is highly unethical for a museum to support the illicit market
in any way, directly or indirectly. A museum should not acquire any object or specimen by purchase, gift,
loan, bequest or exchange unless the governing body and responsible
officer are satisfied that a valid title to it can be obtained. Every
effort must be made to ensure that it has not been illegally acquired
in, or exported from, its country of origin or any intermediate
country in which it may have been owned legally (including the
museum's own country). Due diligence in this regard should establish
the full history of the item from discovery or production, before
acquisition is considered. In addition to the safeguards set out above, a museum should not acquire
objects by any means where the governing body or responsible officer
has reasonable cause to believe that their recovery involved the
unauthorised, unscientific or intentional destruction or damage of
ancient monuments, archaeological or geological sites, or natural
habitats, or involved a failure to disclose the finds to the owner or
occupier of the land, or to the proper legal or governmental
authorities. Nor should a museum acquire, directly or indirectly,
biological or geological material that has been collected, sold or
otherwise transferred in contravention of any local, national,
regional or international wildlife protection or natural history
conservation law, or treaty, of the museum's own country or any other
country. A professional conflict can exist when an acquisition, highly desired by
a museum, lacks provenance. However, the ability to establish legal
title to the item must be an overriding factor when considering
acquisition. In very rare cases an item without provenance may have an
inherently outstanding contribution to knowledge that it would be in
the public interest to preserve. Such discovery is likely to be of
international significance and should be the subject of a decision by
specialists in the discipline concerned. The basis of the decision
should be without national or institutional prejudice, based on the
best interests of the subject discipline and be clearly stated. 3.3 Field Study and Collecting Museums should assume a position of leadership in the effort to halt the
degradation of the world's natural history, archaeological,
ethnographic, historic and artistic resources. Each museum should
develop policies that allow it to conduct its collecting 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 and natural
heritage. Field exploration, collecting and excavation should only be conducted in
accordance with the laws and regulations of the host country. Planning
for field studies and field collecting must be preceded by
investigation, disclosure and consultation with the proper authorities
and any interested museums or academic institutions in the country or
area of the proposed study. This consultation should ascertain if the
proposed activity is both legal and justifiable on academic and
scientific grounds and should include arrangements for sharing the
information obtained and the research results with the appropriate
authorities in the host country. 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 unethical, illegal and destructive practices by all
practical means. Where the fieldwork involves a living community or
its heritage, acquisitions should only be made on the basis of
informed and mutual consent without exploitation of the owner or
informants. Great care is necessary to respect the wishes of the
community involved, which should be paramount. 3.4 Co-operation Between Museums on Collections
Policies Each museum should acknowledge and endorse the need for co-operation and
consultation between museums with similar interests and collecting
policies, and should consult with such other institutions, where a
conflict of interest is possible both on acquisitions, and in defining
areas of specialisation. Museums should respect the collecting areas
of other museums. Gifts, bequests and loans should only be accepted if they conform to the
stated collections and exhibitions policies of the museum. Offers that
are subject to special conditions may have to be rejected if the
conditions proposed are judged to be contrary to the long-term
interests of the museum and its public. The loan of objects, incoming and outgoing, and the mounting or borrowing
of loan exhibitions can have an important role in enhancing the
interest and quality of a museum and its services. As temporary
custodians of incoming loans, museums must protect the objects and
ensure their prompt return at the conclusion of these activities.
These principles also apply to material left at the museum for an
opinion as well as items being considered for the permanent
collections. There should be clear policy guidelines on all material
temporarily housed in the museum. Loans should not be accepted or exhibited if they are of undocumented
origin (see
3.1-3.3)
or do not have a valid educational, scientific or academic purpose,
consistent with the museum's objectives (see
3.4-3.5).
The museum should ensure that it retains complete authority over the
use of the loaned material and its interpretation, which should accord
with that required for permanent collections (see
2.9).
Any conflict of interest should be avoided (see
3.7)
particularly where the lender is also funding the exhibition (see
2.10)
or is associated with the museum exhibiting it. Objects from a museum collection should be loaned only for scientific,
research or educational purposes. They should not be loaned to private
individuals. The collections policy or regulations of a museum should include
provisions to ensure that no person involved in the policy or
management of that museum, such as a trustee or other member of a
governing body, or a member of the museum staff, may compete with the
museum for objects, or may take advantage of privileged information
received because of his or her position. Should a conflict of interest
develop between an individual and the museum, those of the museum
should prevail. Special care is also required in considering any offer
of an item, either for sale or as a tax-benefit gift, from members of
governing bodies, members of staff, or the families and close
associates of these persons. 4.1 General Presumption of Permanence of
Collections A key function of almost every kind of museum is to acquire objects and
keep them for posterity. Consequently, there must always be a strong
presumption against the disposal of objects or specimens to which a
museum has assumed the formal title. Any form of disposal, whether by
donation, exchange, sale or destruction requires a high order of
curatorial judgement and should be approved by the governing body only
after considering this and any appropriate legal advice. Special considerations may apply to certain kinds of specialised
institutions, such as "living" or "working"
museums and some teaching and other educational museums. Museums and
other institutions that display living specimens, such as botanical
and zoological gardens and aquaria, may find it necessary to regard at
least part of their collections as replaceable or renewable. In other
cases destructive analytical techniques undertaken for the advancement
of knowledge may result in the loss of part of a specimen or object.
There is a clear ethical obligation to ensure that such activities are
not detrimental to the long-term survival of examples of the material
studied, displayed or used and that a detailed report of all such
activities becomes a permanent part of the collections record. 4.2 Legal or Other Powers of Disposal The laws on the protection and permanence of museum collections and the
power of museums to dispose of items from their collection vary
greatly from one museum to another. No disposals are permitted by some
institutions, except for items that have been seriously damaged by
natural or accidental deterioration. Elsewhere, there may be no
explicit restriction on disposals. Where the museum has legal powers permitting disposals, or has acquired
objects subject to conditions of disposal, the legal or other
requirements and procedures must be complied with fully. Even where
legal powers of disposal exist, a museum may not be completely free to
dispose of items acquired with financial assistance from an outside
source (e.g. public or private grants, donations from a Friends of the
Museum organisation, or private benefactor). These disposals normally
require the consent of all parties who had contributed to the original
purchase. Where the original acquisition was subject to mandatory restrictions
these must be observed unless it can be clearly shown that adherence
to such restrictions is impossible or substantially detrimental to the
institution. Even in these circumstances the museum can only be
relieved from such restrictions through appropriate legal procedures. 4.3 Deaccessioning Policies and Procedures Where a museum has the necessary legal powers to dispose of an object,
the decision to sell or otherwise dispose of material from the
collections should be taken only after due consideration (see
4.1).
Such material should be offered first by exchange, gift or private
treaty sale to other museums before sale by public auction or other
means is considered. A decision to dispose of a museum object or specimen whether by exchange,
sale or destruction should be the responsibility of the governing body
of the museum acting in conjunction with the director and the curator
of the collection. The manner of deaccessioning should reflect the
ethical and legal responsibilities of the museum, the character of its
collections (whether renewable or non-renewable) and the public trust
it fulfils in preserving its collections. Complete records must be
kept of all such decisions and the objects involved and proper
arrangements made for the preservation and transfer, as appropriate,
of the documentation relating to the object, including records in
photographic and other technological media, where practicable. Members of the museum staff, the governing body, or their families or
close associates, should never be permitted to purchase objects that
have been deaccessioned from a collection. Similarly, no such person
should be permitted to appropriate items from the museum collections,
even temporarily, to any personal collection or for personal use.
Money or compensation received from the deaccessioning and disposal of
objects and specimens from a museum collection should be used solely
for the benefit of the collection and normally for acquisitions to
that collection. 4.4 Return and Restitution of Cultural Property The UNESCO Convention
on the Means of Prohibiting and Preventing the Illicit Import, Export
and Transfer of Ownership of Cultural Property
(1970) and the UNIDROIT
Convention on Stolen and Illegally Exported Cultural Objects
(1995) provide the principles on which museums should approach the
return and restitution of cultural property. If a country or people of
origin seek the return of an object or specimen that can be
demonstrated to have been exported or otherwise transferred in
violation of the principles of these conventions and shown to be part
of that country's or people's cultural or natural heritage, the museum
concerned should, if legally free to do so, take prompt and
responsible steps to co-operate in its return. In response to requests for the return of cultural property to the
country or people of origin, museums should be prepared to initiate
dialogues with an open-minded attitude based on scientific and
professional principles (in preference to action at a governmental or
political level). In addition the possibility of developing bilateral
or multilateral partnerships with museums in countries that have lost
a significant part of their cultural or natural heritage should be
explored. Museums should also respect fully the terms of the Convention
for the Protection of Cultural Property in the Event of Armed Conflict
(The Hague Convention, First Protocol, 1954 and Second Protocol,
1999). In support of this Convention, museums should abstain from
purchasing, appropriating or acquiring cultural objects from any
occupied country.
This section assumes that the museum professional is employed in a museum.
Where the individual provides a service to a museum through a
specialised agency or directly, these paragraphs are equally
applicable. 5.1 Ethical Obligations of Members of the Museum
Profession Employment by a museum, whether publicly or privately supported, is a
public trust involving great responsibility. Therefore, museum
employees must act with integrity and in accordance with the most
stringent ethical principles as well as the highest standards of
objectivity in all activities. The museum professional should be guided by two important principles. The
first is that museums are the object of a public trust, the value to
the community being in direct proportion to the quality of service
rendered. Second, that intellectual ability and professional knowledge
are not, in themselves, sufficient to work in the museum profession,
but these must be inspired by a high standard of ethical conduct. The director and other staff members owe professional and academic
allegiance to their museum and should always act in accordance with
the approved policies of the museum. They should comply with the terms
of the ICOM Code of Ethics for Museums and should also be aware
of any other codes or policies on ethics relevant to museum work. The
director (or principal museum officer in charge) should urge the
governing body to comply with these standards whenever appropriate. Loyalty to colleagues and to the employing museum is an important
professional responsibility and must be based on allegiance to
fundamental ethical principles applicable to the profession as a whole.
Applicants for any professional post should divulge frankly and in
confidence all information relevant to the consideration of their
applications and, if appointed, should recognise that normally museum
work is regarded as a full-time vocation. Even when the terms of
employment permit outside employment or business interests, the
director and other senior staff should not undertake other paid
employment or accept outside commissions that are in conflict with the
interests of the museum. In accepting any paid or unpaid assignments
museum staff should be alert to the personal and institutional ethical
principles that could be compromised. While members of a profession are entitled to a measure of personal
independence, museum professionals must realise that no private
business or professional interest can be wholly separated from their
institution or other official affiliation, despite disclaimers that
may be offered. Any museum-related activity by the individual may
reflect on the institution or be attributed to it. The professional
must be concerned not only with actual personal motivations and
interests, but also with the way in which such actions might be
construed by the outside observer. Museum employees and others in a close relationship with them must not
accept gifts, favours, loans or other personal benefits that may be
offered to them in connection with their duties for the museum (see
8.5).
Occasionally professional courtesy may include the giving and
receiving of gifts. Such interchange should always take place in the
name of the institution concerned and not the individual. 6. Professional Responsibility to the Collections 6.1 Acquisitions to Museum Collections The director and professional staff should take all possible steps to
ensure that a written collections policy is adopted by the governing
body of the museum and thereafter reviewed and revised at regular
intervals. This policy, as formally adopted and revised by the
governing body, should form the basis of all professional decisions
and recommendations in relation to acquisitions. It is a crucial professional obligation to care for the collections. An
important professional responsibility, therefore, is to ensure that
all items accepted temporarily or permanently by the museum are
properly and fully documented to facilitate provenance, identification,
condition and treatment. All objects accepted by the museum should be
properly housed and maintained having regard also to any particular
requirements of material associated with living communities.
Careful attention should be given to the development of policies to
protect the collections against natural and man-made disasters and the
means of ensuring the best possible security as a protection against
theft in displays, exhibitions, working or storage areas, against
accidental damage when handling objects and against damage or theft in
transit. Where it is the national or local policy to use commercial
insurance arrangements, the staff should ensure that the insurance
cover is adequate, especially for objects in transit and loan items,
or other objects which are not owned by the museum but are its current
responsibility. Members of the museum profession should not delegate important curatorial,
conservation, or other professional responsibilities to persons who
lack the appropriate knowledge and skill, or who are inadequately
supervised, to assist in the care of the collections. There is also a
clear duty to consult professional colleagues within or outside the
museum if at any time the expertise available in a particular museum
is insufficient to ensure the welfare of items in the collections. 6.3 Conservation of Collections An essential ethical obligation of every member of the museum profession
is to ensure the proper care and conservation of collections and
individual items for which the employing institutions are responsible.
The intention must be to ensure that the collections are passed on to
future generations in as good and safe a condition as practicable,
having regard to current knowledge and resources. Recognition and respect for the cultural and physical integrity and
authenticity of individual objects, specimens or collections are
fundamental values in conservation work. For sacred works this
includes respect for the traditions and cultures of the communities
that used them (see
6.6).
It is essential, therefore, to include the proper documentation of the
object or specimen, its condition, an analysis of its composition, the
recording of its condition and a description of any deterioration. All museum professionals concerned with objects and specimens have a
responsibility to create and maintain a protective environment for the
collections whether in store, on display or in transit. Such
preventive conservation is an important element in museum risk
management. The condition of an object or specimen may require interventive
conservation and the services of a properly qualified conservator.
This may include restoration or repair, but the principal goal should
be to stabilise the object or specimen. In zoos and aquaria,
conservation practices may include elements of environmental and
behavioural enrichment. All conservation procedures should be
documented and reversible, and all added materials and physical or
genetic modification should be clearly identifiable from the original
object or specimen. 6.4 Documentation of Collections
The recording and documenting of collections in accordance with
appropriate standards is an important professional obligation. It is
particularly important that collection documentation should include a
complete description of all items, their provenance and source and the
conditions of acceptance by the museum. Collection data should be
maintained and augmented for as long as any item is part of the museum
collection. Such data should be kept in a secure environment and be
supported with retrieval systems providing access to the data by the
staff and other legitimate users (see
2.7).
When collection data are made available on the Internet or published
by other means, particular control must be exercised to avoid
disclosing sensitive personal or related information and other
confidential matters. Where museums and related institutions maintain living animals for
exhibition or research purposes, the health and well-being of any such
creatures must be a basic ethical consideration. It is essential that
the animals and their living conditions are inspected regularly by a
veterinary surgeon or other equally qualified persons. The museum
should prepare and implement a safety code for the protection of staff
and visitors that has been approved by an expert in the veterinary
field. 6.6 Human Remains and Material of Sacred
Significance Collections of human remains and material of sacred significance should
be housed securely and respectfully, and carefully maintained as
archival collections in scholarly institutions. It should be available
for legitimate study on request. Research on such material, its
housing, care and use (exhibition, replication and publication) must
be accomplished in a manner consistent with professional standards and
the interests and beliefs of members of the community, ethnic or
religious groups from which the objects originated. When sensitive
material is used in interpretive exhibits, this must be done with
great tact and with respect for the feelings of human dignity held by
all peoples. Requests for removal from public display of human remains or material of
sacred significance must be addressed expeditiously with respect and
sensitivity. Requests for the return of such material should be
addressed similarly. Museum policies should clearly define the process
for responding to such requests (see
4.4). The acquiring, collecting and owning of objects for a personal collection
by a museum professional may not in itself be unethical and may be
regarded as a valuable way of enhancing professional knowledge and
judgement. However, no member of the museum profession should compete
with their institution either in the acquisition of objects or in any
personal collecting activity. In some countries, and in many
individual museums, members of the museum profession are not permitted
to have private collections and such rules must be respected. Where
there are no such restrictions, a member of the museum profession with
a private collection should, on appointment, provide the governing
body with a description of the collection and a statement of the
extent of the collecting practised. An agreement between the museum
professional and the governing body concerning the private collection
must be formulated and scrupulously followed (see
8.4).
7. Professional Responsibility to the Public 7.1 Upholding Professional Standards Members of the museum profession should observe accepted standards and
laws and uphold the dignity and honour of their profession. They
should safeguard the public against illegal or unethical professional
conduct. Every opportunity should be used to inform and educate the
public in the aims, purposes and aspirations of the profession in
order to develop a better public understanding of the contributions of
museums to society. Members of the museum profession should always deal with the public
efficiently and courteously and should respond promptly to all
correspondence and enquiries. Subject to the requirements of
confidentiality, museum professionals should share their expertise
with the public and specialists, allowing controlled but full access
to requested material or documentation in their care even when it is
the subject of personal research or a special field of interest. Members of the museum profession must protect confidential information
obtained in the course of their work, including the source of material
owned by or loaned to the museum (see
3.6),
information concerning the security arrangements of the museum, or of
private collections and locations visited during official duties (see
2.8).
Information about items brought to the museum for identification is
confidential. Where this information contributes to knowledge, the
owner should be made aware of the desirability of sharing it with
others (see
8.3).
However, it should not be published or passed to any other institution
or person without specific authorisation from the owner. Confidentiality is subject to a legal obligation to assist the police or
other proper authorities in investigating possible stolen, illicitly
acquired or transferred property. 8. Professional Responsibility to Colleagues and the Profession 8.1 Professional Responsibility
Members of the museum profession have an obligation to follow the
policies and procedures of their employing institution and to accept
its decisions. They may properly object to proposals or practices that
are perceived to have a damaging effect on a museum or museums, or the
profession and matters of professional ethics. Such differences should
be expressed in an objective manner. 8.2 Professional Relationships The training of personnel in the specialised activities involved in
museum work is of great importance in the development of the
profession and all should accept responsibility, where appropriate, in
the training of colleagues. Members of the profession who have
responsibility for junior staff, trainees, students and assistants
undertaking formal or informal professional training, should give
these persons the benefit of their experience and knowledge, and
should also treat them with the consideration and respect customary
among members of the profession. Similarly, the development of beneficial volunteer work depends on a
positive relationship between members of the museum profession and
volunteers. The professional staff of museums should give constructive
attention to volunteers to sustain a viable and harmonious working
environment. Volunteers should be fully conversant with this Code and
take it into account in conducting museum and personal activities (see
2.6). Members of the profession form working relationships with numerous other
people, professional and volunteer, within and outside the museum in
which they are employed. They are expected to conduct these
relationships with courtesy and fair-mindedness and to render their
professional services to others efficiently and to a high standard. Research to establish provenance, or for interpretation, publication, and
other appropriate purposes, should be encouraged. While the level of
research may vary from museum to museum, it should relate to
institutional objectives and conform to established legal, ethical and
academic practices including the conditions defined by national and
international copyright legislation. The acknowledgement of
intellectual sources in all forms (published, transmitted, spoken,
depicted, or other means of traditional or technological communication)
is an ethical obligation. The results of research should be shared
with the public and professionals. When museum personnel prepare material for presentation or to document
field investigation as part of their duties, the museum retains all
rights to the work, unless there is an agreement to the contrary. No member of the museum profession should participate directly or
indirectly in any dealing (buying or selling for profit), in the
natural or cultural heritage. Dealing by museum employees can present
serious problems even if there is no risk of direct conflict with the
employing museum and should not be permitted (see Article 7(5) of the ICOM Statutes).
8.5 Other Potential Conflicts of Interest Generally, members of the museum profession should refrain from all acts
or activities that may be construed as a conflict of interest. Museum
professionals by virtue of their knowledge, experience and contacts
are frequently offered opportunities, such as advisory and consultancy
services, teaching, writing and broadcasting opportunities, or
requests for valuations, in a personal capacity. Even where the
national law and the individual's conditions of employment permit such
activities, these may appear to colleagues, the employing authority,
or the public, to create a conflict of interest. All legal and
employment contract conditions must be scrupulously followed and, if a
potential conflict arises, the matter should be reported immediately
to an appropriate superior officer or the museum governing body and
steps taken to rectify the situation. Great care should be taken to ensure that outside interests do not
interfere in any way with the proper discharge of official duties and
responsibilities (see
3.7
and
5.2). 8.6 Authentication and Valuation (Appraisal) Sharing knowledge and expertise with professional colleagues and the
public is fundamental to the purpose of museums and should be
conducted to the highest scholarly standards (see
7.2).
However, conflicts of interest can arise in the authentication and
valuation or appraisal of objects. Opinions on the monetary value of
objects should be given only if permitted and on official request from
other museums or competent legal, governmental or other responsible
public authorities. Where the employing museum may be the beneficiary
for financial or legal reasons, appraisal must be undertaken
independently. Members of the museum profession should not identify or otherwise
authenticate objects that they believe, or suspect, have been
illegally or illicitly acquired, transferred, imported or exported.
They should not act in any way that could be regarded as benefiting
such activity, directly or indirectly. Where there is reason to
believe, or suspect, illegal or illicit conduct, the appropriate
authorities should be notified. Every member of the museum profession should be conversant with national
and local laws and the conditions of their employment. They should
avoid situations that could be construed as corrupt or improper
conduct of any kind. No museum official should accept any gift,
hospitality, or any form of reward from any dealer, auctioneer or
other person as an inducement in respect to the purchase or disposal
of museum items or for taking or refraining from official action. To avoid any suspicion of corruption, a museum professional should not
recommend a particular dealer, auctioneer or appraiser to a member of
the public. Nor should a museum employee accept any "special
price" or discount for personal purchases from any dealer with
whom the individual or employing museum has a professional
relationship. 9. Application of the ICOM Code of Ethics for Museums 9.1 Status of the ICOM Code of Ethics for
Museums This Code is the statement of professional ethics referred to in
the ICOM Statutes, Articles 2 (2), 9(1(d)),
14(17(b)), 15(7(c)), 17(12(e)) and 18(7(d)). Membership of ICOM and
the payment of the annual subscription to ICOM is an affirmation of
the ICOM Code of Ethics for Museums. 9.2 Use of the Name and Logo of ICOM As a professional organisation, membership of ICOM confers many benefits
on an individual or institution. This distinctive position may not be
abused by the use of the words "International Council of Museums",
"ICOM" or its logo to promote or endorse any commercial
operation or product.
Appraisal
The
authentication and valuation of an object or specimen. In certain
countries the term is used for an independent assessment of a proposed
gift for tax benefit purposes.
The
existence of a personal or private interest which gives rise to a
clash of principle in a work situation, thus restricting, or having
the appearance of restricting, the objectivity of decision making.
Buying
and selling items for personal or institutional gain.
The
requirement that every endeavour is made to establish the facts of a
case before deciding a course of action, particularly in identifying
the source and history of an item offered for acquisition or use
before accepting it.
Any
concept or thing, natural or artificial, which is considered to have
aesthetic, historical, scientific or spiritual significance.
Activities
intended to bring financial gain or profit.
Activities
intended to further knowledge and understanding, resulting from the
interpretation of objects or ideas.
Unambiguous
right to ownership of property, supported by written evidence.
A
legally established body, corporate or unincorporated, whose income (including
any surplus or profit) is used solely for the benefit of that body and
its operation. The term Not for profit has the same meaning.
The
full history of an item from the time of its discovery or creation to
the present day, from which authenticity and ownership is determined.
Unambiguous
right to ownership of property, supported by written evidence.
ANNEX: Definition of the Museum and ICOM Statutes Article 2 - Definitions 1.
A museum is a non-profit making, permanent institution in the service
of society and of its development, and open to the public, which
acquires, conserves, researches, communicates and exhibits, for
purposes of study, education and enjoyment, material evidence of
people and their environment. (a)
The above definition of a museum shall be applied without any
limitation arising from the nature of the governing body, the
territorial character, the functional structure or the orientation of
the collections of the institution concerned.
(b) In addition to institutions designated as "museums"
the following qualify as museums for the purposes of this definition: (i)
natural, archaeological and ethnographic monuments and sites and
historical monuments and sites of a museum nature that acquire,
conserve and communicate material evidence of people and their
environment; 2. Professional museum workers include all the
personnel of museums or institutions qualifying as museums in
accordance with the definition in Article 2 (1), having received
specialized training, or possessing an equivalent practical experience,
in any field relevant to the management and operations of a museum,
and independent persons respecting the ICOM Code of Ethics for
Museums and working for museums as defined above, either in a
professional or advisory capacity, but not promoting or dealing with
any commercial products and equipment required for museums and
services. |
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