Ivory, as the material gleaned from the tusks of elephants is called, is a raw commodity that has been used for the manufacture of artefacts and works of art since time immemorial. Until the 19th century, hunting the mighty and powerful elephant was extremely dangerous and ivory a rare and precious material, traded and transported over a long distance to Europe. It was valued in a similar way to gold.
In the Middle Ages, in Christianity, ivory was considered one of the noblest materials. Not least because its beauty was praised in the Song of Solomon: “Your neck is like an ivory tower” (7:4). The ‘white gold’ was only entrusted to artists of the highest calibre who created a plethora of sacred objects, including reliquaries, liturgical combs, crucifixes and book covers, among other things. In the 14th century in Paris, handy, small diptychs that were used as altarpieces at home and when travelling became very fashionable, as shown by the large number of works that have survived to this day.
Ivory carving experienced a heyday once again in the 17th century when attention focussed once again on the beauty of the polished material. The very dense, warmly shimmering, easy-to-work material was very popular among leading carvers. Finely crafted figures, reliefs, magnificent vessels and masterfully turned objects were created for princely cabinets of curiosities. Ivory works of art became secular status symbols.
In the 19th century, modern weapons made it easier to hunt big game. The large quantities of ivory that then became available made it possible to mass-produce everyday objects on an industrial scale in addition to using it for artistic purposes. Demand increased and the cruel decimation of elephants in Asia and Africa began. Up to 800 tonnes of ivory were imported every year which equates to the slaughtering of 800,000 animals.
Today, both the Asian and the African elephant are threatened with extinction – a dramatic development that we must oppose internationally with united forces as the trade in ivory is no longer limited to countries of origin but is in the hands of an international network.
The Greed for White Gold
The greed for white gold led to an unchecked trade in ivory as well as poaching. Ivory is regarded as a status symbol, especially in Asia, where ground ivory is believed to increase potency and is traded at high prices.
To curb the criminal trade in animal and plant species seriously at risk of extinction, the Washington Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) was adopted in 1973 and came into force in 1975. Depending on the status of the species under threat, commercial trade was then completely banned unless a special authorisation had been obtained from the respective country.
On 17 October 1989, 177 countries signed a global trade ban on ivory at the Washington Conference on International Trade in Endangered Species of Wild Fauna and Flora (CITES). After the Council Regulation (EC) No. 338/97 was passed on 3 March 1997, the Washington Agreement became binding and was implemented within the European Union.
The EU regulation relates to trade in ivory products. Both Asian and African elephants now have the highest level of protection. International commercial trade in ivory and other ivory products has been prohibited ever since.
There is, however, one exception to the ban on marketing ivory within the EU, namely on antiques. All objects made before 1 June 1947 are considered to be antiques. This means that, for the time being, no marketing certificate is required for the sale of such antiques within the EU.
Exceptions to the 1989 agreement
Numerous exceptions have since undermined the 1989 agreement. The protection status of the elephant populations of Botswana, Namibia and Zimbabwe was, for example, relaxed in 1997, as was the case in South Africa in 2000, after numbers in southern Africa had recovered. Tusks may be exported as non-commercial hunting trophies and antique ivory can be traded legally.
One of the largest uncontrolled ivory markets in Southeast Asia is in Thailand where the trade in tusks from native, domesticated elephants that have died of natural causes is permitted. This loophole has since been exploited: illegally poached African ivory is smuggled into the country and then declared as Thai.
Great Britain leads the way
Leading the way, the UK has since implemented the strictest ivory law in Europe. Polls had previously shown that a large majority of Britons were in favour of such a ban. The bill was supported at the time by the Conservative politicians Boris Johnson and Michael Gove (Environment Secretary). The Department for Environment, Food & Rural Affairs (DEFRA) demanded that there should be no legally-supported market for ivory. This also includes antique ivory. A market that is not transparent cannot send a clear moral message to the consumer. However, the fact that a medieval ivory object such as a chess piece or a netsuke, a Japanese button-like toggle from the 19th century, was created in a completely different environmentally-related and historical context than the mass-produced ivory products of our time, was not taken into account. Great Britain has deliberately refrained from trading in these artefacts, as the market for antique ivory objects could arouse desires that would ultimately lead to the poaching of elephants.
The Bode Museum in Berlin, on the other hand, is an example for the intelligent and enlightened handling of ivory. According to the curator of the sculpture department, Dr Julien Chapuis: “Our role is to make the public aware of the decimation of the elephant populations in Africa and Asia. At the same time, we have an obligation and a responsibility; we collect culturally, historically and artistically significant objects from the past. As a museum, you have to be aware of both responsibilities.”
Will the ivory ban stop the illegal trade?
The British Department of the Environment, on the other hand, hopes that the ivory ban which other countries on the continent may follow, will help the Asian and African elephant. This, however, is doubtful, as the great demand for new ivory does not come from Europe, but from Asia. According to the UNEP, the United Nations Environment Programme, illegal ivory is sold there by international crime syndicates.
What does the British bill stipulate?
Only pre-1918 ivory artefacts of outstanding artistic, cultural or historical value can be traded. Such works can be given a passport for this purpose that can only be issued by a qualified museum curator. A 12th-century figure of Christ from the collections of the Victoria & Albert Museum was chosen as an example of this exemption. Very few objects, however, fulfil such high requirements.
The possession of ivory by a private individual or a gallery is not a criminal offence, unlike trading in the domestic market or its import or export.
One proviso, nevertheless, permits the sale to museums of ivory artefacts that do not meet the requirements of the exemption. As such, competition on the market is a thing of the past. This ultimately results in a serious loss of value for such objects.
In the Antique Trade Gazette of 21 April 2018, the British dealer Sylvie Collett rightly asked what compensation the government has planned for collectors and dealers who are currently legally trading in ivory artworks from past centuries.
The law incorporates a de minimis regulation. Musical instruments made before 1947, for example, may comprise 20% ivory, but objects made after 1947 may only contain 10% of the material. Every object that claims to be of de minimis status, must be registered online with the Animal and Plant Health Authority for a fee.
Robert Kless, head of the animal welfare organisation IFAW in Germany, has called on the German government and the EU to follow the British example and ‘systematically stop’ the market for ivory.
The former French Environment Minister Ségolène Royal responded to this call by announcing a complete trade ban on ivory in France and the French overseas territories on 30 April 2018. She also advocated a trade ban at EU level.
Upholding the existing regulation
In the face of no alternative, the law is perplexing. It means that all the beautiful, delicate works of art, testimonies to centres of the arts that have long since been lost, such as the Japanese netsukes – think of the family collection that Edmund de Waal brought back to life in his novel The Hare with Amber Eyes – can no longer be bought and sold. But neither can medieval French diptychs, copies made for princely cabinets of curiosities and many more works. It is incomprehensible that we should sacrifice part of our cultural heritage to an absolutely justified crackdown on the cruel poaching of elephants in the 21st century and support an indiscriminate general trade ban that makes no distinction between antique and modern works in ivory. The reason, however, as to why the actually sensible regulations previously in place – according to which ivory artworks from before 1947 could be freely traded – cannot be upheld is that it is extremely difficult to date carved ivory objects.
