By: Douglas R. Clark, Center for Near Eastern Archaeology, La Sierra University
Fig. 1 – Aerial View of `Umayri (David Kennedy)
Numerous archaeological sites in Jordan are privately owned,
including Tall al-‘Umayri (fig. 1), located in central Jordan within the
Madaba Plains Project research area. Begun in 1984 with permission from
one of the major land owners, the ‘Umayri excavations have occurred
virtually every other summer to the present. But the 2012 season may
well have been the final one, this due to issues of land ownership. At a
site boasting extremely well-preserved architectural remains from the
Early Bronze Age through the Hellenistic period, how are competing
claims of ownership by good citizens who hold legal title to the land and
by citizens of the country of Jordan, indeed of the world, who hold
moral title to its cultural heritage protected, preserved, promoted?This report, delivered initially at the 2013 ASOR Annual Meeting in Baltimore, explored the wealth of well-preserved archaeological and architectural remains at ‘Umayri; the high property value of the land it occupies on the burgeoning southern outskirts of Amman; a listing of stakeholders and the dynamics governing them; a review of legal issues; a history of good-faith negotiations as well as convoluted conversations; an enumeration of educational opportunities for the site to become a protected, interactive archaeological park for the thousands of weekly visitors to the Amman and Ghamadan national parks surrounding the tell; economic potential; and measured options for resolving dilemmas over ownership and cultural heritage at Tall al-‘Umayri.
In 2011-12 a land-ownership dispute from one of the two major owners arose because of perceived property devaluation due to archaeological activity, resulting in a significant court settlement paid by the Department of Antiquities. The excavation team became aware of the suit about three weeks prior to the 2012 season, forcing the project to reconsider its options – quickly. A permit was granted to the team only on the condition that the 2012 season would be the final season at this very productive and promising site. This decision not only allowed the summer’s excavations to continue, it also provided a small window of opportunity for project directors to work quickly toward a resolution of the problem. One positive outcome of this pressing dilemma was the emerging clarity of our 2012 research design; if this in fact were the final season of excavation at `Umayri, we would need to bring our excavations into phase for a shutdown and would need to use all the technology available to us so that we could digitally record the site for posterity.
While everyone involved wanted excavation to continue and eagerly anticipated the establishment of an archaeological park at `Umayri, the legal and economic constraints under which the project was placed brought everything to a standstill. Hence the sharp edge to the question: Who owns this part of the past? Should legal land ownership trump moral ownership of Jordan’s cultural heritage at this site? Should the larger, more global obligation to protect and preserve archaeological data override private land ownership?
