National Gallery of Australia’s white hands art probe shuns cultural law

The National Gallery of Australia’s investigation into white hands in Indigenous art will not consider if white staff who may have painted on the works were culturally entitled to do so.

National Gallery of Australia director Nick Mitzevich and NGA council member Sally Scales at the APYACC’s Adelaide studio in February. Picture: Instagram

The National Gallery of Australia’s investigation into white hands in Indigenous art will not take into consideration First ­Nations cultural law, nor consider whether white staff who may have painted on the paintings were culturally entitled to do so.

The NGA announced on Wednesday it had appointed two lawyers and two Indigenous ­experts to conduct an investigation into the extent of white interference in paintings bound for its showcase winter exhibition, Ngura Pulka.

The investigation, however, will not assess the significance of Tjukurpa, the ancient stories of culture and law that are the foundation of art from central deserts.

Indigenous artist Fiona Foley, a former board member on the Australia Council, said “the terms of reference defeat the purpose of the inquiry before they’ve even started”.

“It’s disgraceful,” Dr Foley said. “These artists are not painting pretty pictures, they are painting their Tjukurpa … cultural issues are central to what these artists do. How can you possibly ignore that?”

Cecilia Alfonso, the manager of the Warlukurlangu Artists at Yuendumu in the Northern Territory, said: “If they are not going to consider those two things, what are they going to consider? That’s what this art is all about.”

The NGA probe, to be led by Melbourne silk Colin Golvan KC, was prompted by a months-long investigation by The Australian in which five artists and six studio staff made ­serious allegations of white hands in Indigenous art painted in the studios of APY Arts Centre Collective, which is led by general manager Skye O’Meara.

Skye O'Meara.

The “sponsor” of the investigation is NGA director Nick Mitzevich. NGA council member Sally Scales, an APY artist whose work is featured in the exhibition, has recused herself from any consideration of the review.

The terms of reference state that the review “is to clarify whether the Anangu Pitjantjat­jara Yankunytjatjara (APY) artists attributed as the creators of the paintings exercised effective creative control over the creation of the paintings, and so can properly be described as the artists ­responsible for those works ­consistent with the National Gallery’s provenance policy”.

Despite the NGA advertising that all parts of Ngura Pulka had been “entirely conceived, created, directed, and determined by ­Anangu people”, the scope of its investigation is extremely limited. It will not take into account the significance of Tjukurpa ­(cultural stories) nor “whether the individuals who contributed to the 28 paintings were entitled to do so under relevant First Nations cultural law”. It will also not look more broadly into the culture of the APYACC and the authorship of paintings not proposed for display by the NGA.

Acclaimed Indigenous artist Fiona Foley says ‘these artists are not painting pretty pictures, they are painting their Tjukurpa … cultural issues are central to what these artists do. How can you possibly ignore that?’ Picture: Richard Dobson

Paintings produced in the APYACC’s studios now hang in all Australia’s major institutions and in the great galleries of the world.

Mr Golvan, a senior member of the Melbourne Intellectual Property Bar who is an expert on Indigenous copyright, will be assisted by lawyer Shane Simpson, also an expert in the field. Indigenous artist Yhonnie Scarce and Maree Meredith, head of Indigenous Leadership at the University of Canberra, are the Indigenous experts who will advise the review.

Dr Foley took aim at the appointment of Ms Scarce, who is a glass artist, as an adviser. “She works in the medium of glass; she’s not a painter,” she said.

“In the glass arts you can never work as an individual artist, you work with skilled technicians … teams of people. In a desert art ­setting, the knowledge comes from one person through their birthright and through their bloodline, it’s not a learned skill.”

The National Gallery of Australia in Canberra.

The Australian does not raise any issue with the review team or advisers, who are working within the NGA’s terms of reference.

Mr Mitzevich said: “The aim of the independent review is to ­clarify whether (APY) artists attributed as the creators of the paintings to be included in the gallery’s upcoming Ngura Pulka exhibition exercised effective creative control over the creation of the paintings, and so can properly be described as the artists responsible for those works consistent with the ­National Gallery’s provenance policy.

“We understand and appreciate that many issues surrounding the broader ethics and workings of the First Nations art market have been raised by The Australian newspaper’s recent investi­gation. Like other stakeholders of the First Nations art market, we are supportive of building an improved understanding of the ethical and cultural issues at play.

“These are big cultural, artistic, and economic issues, and we are happy to be part of the conversation, but the National Gallery is not an arbitral body. At this point, our focus is ensuring the welfare and safety of artists and seeking independent and expert assistance to assess the provenance of the 28 works on loan to the National Gallery for Ngura Pulka.”

Dr Mitzevich said promotion of the exhibition would cease while the review took place.

the NGA Website featuring artist Nyunmiti Burton promoting the exhibition Ngura Pulka.