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Law, ethics, gems and fossils in Myanmar amber

Nature Ecology & Evolution volume 5, page 708 (2021)Cite this article

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To the Editor — While recognizing the enormous scientific interest and impact generated by fossil inclusions within Cretaceous-aged amber from Myanmar (for example, refs. 1,2,3), we advocate continued caution when considering the legal status of exported amber material. As noted in the Correspondences from Shi et al.4 and Zin-Maung-Maung-Thein and Khin Zaw5, amber can be legally exported under the auspices of the Myanmar Gemstone Law, 1995, as long as all relevant permits are in place. However, as noted previously6 this law is in apparent conflict with some articles of the Protection and Preservation of Antique Objects Law, 2015, which prevents the permanent export of fossil material without explicit permission, as did its forerunner the Antique Objects Act, 1957. Unfortunately, the Gemstone Law makes no provision for amber that might house fossil inclusions or, indeed, for amber fashioned into a man-made ‘ornament’ >100 years old, both of which are mentioned in the Antique Objects laws. Consequently, the legal position is unclear: neither law provides unambiguous guidance on which statute takes precedence in the specific case of amber fossil inclusions. Does the presence of a fossil insect or feather define a piece of amber as an antique object, or is the same specimen simply a gemstone? We are not legal scholars, but rather journal editors and researchers attempting to navigate complex heritage legislation; thus we offer our reading of the situation, and it is our belief that we have a duty to err on the side of caution in such cases, in order to avoid potential legal pitfalls.

Shi et al.4 suggest that as many amber inclusions are only recognized as fossil specimens subsequent to their exportation as gemstones, no breach of Myanmar law has occurred. However, this is a potentially difficult position as the Antique Objects Law, 2015 contains provision for seeking the repatriation of antique objects. Moreover, even if shown to be legal, some might interpret this stance as unethical, as it promotes exploitation of a legally ambiguous situation to gain access to fossil material that would otherwise be subject to export restrictions. Furthermore, Zin-Maung-Maung-Thein and Khin Zaw5 state that if fossils are identified in amber specimens following export, best practice should be to report their discovery to the Myanmar authorities in order to seek permission to undertake research (see also the Protection and Preservation of Antique Objects Law, 2015).

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Acknowledgements

We thank D. Yates for her valuable comments on an earlier version.

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Authors and Affiliations

  1. Department of Earth Sciences, Natural History Museum, London, UK

    Paul M. Barrett & Zerina Johanson

  2. Science Directorate, Natural History Museum, London, UK

    Sarah L. Long

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  1. Paul M. Barrett
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  2. Zerina Johanson
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P.M.B. and Z.J. conceived the idea. P.M.B. drafted the initial manuscript, with contributions from Z.J. and S.L.L. All authors jointly revised the paper.

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Correspondence to Paul M. Barrett.

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Barrett, P.M., Johanson, Z. & Long, S.L. Law, ethics, gems and fossils in Myanmar amber. Nat Ecol Evol 5, 708 (2021). https://doi.org/10.1038/s41559-021-01478-0

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