Kahlo's legacy at risk: mexico fights to keep masterpieces home
A firestorm is brewing in Mexico's art world as a landmark collection of 20th-century Mexican masterpieces, including iconic works by Frida Kahlo and Diego Rivera, faces export to Spain under a controversial deal with Banco Santander. The move, hailed by the bank as a cultural partnership, has ignited outrage among artists, historians, and curators who fear a permanent loss of national treasures.
The gelman collection: a history of disputed ownership
The collection, comprising nearly 400 works—paintings, sketches, and photographs—originally belonged to Jacques and Natasha Gelman. Their acquisition by the Zambrano family in 2023 added another layer of complexity to the situation. Now, Santander’s involvement has triggered a fierce debate over ownership, preservation, and Mexico’s cultural sovereignty. The pieces, currently displayed in Mexico for the first time in two decades, are slated to become the centerpiece of the Faro Santander cultural center in Spain.
Francisco Berzunza, a historian and co-author of an open letter signed by almost 40 artists and cultural professionals, minced no words: “She [Kahlo] is the most important artist in our country's history. To see her work more readily accessible abroad than within Mexico is a painful paradox.” The letter calls on the Mexican government to intervene and clarify the terms of the agreement, particularly concerning the long-term fate of Kahlo’s works.

Ambiguity and legal loopholes: a growing indignation
The initial announcement from Santander touted the bank’s commitment to “conservation, research, and exhibition” of the collection, but offered little clarity on the duration of the export. Daniel Vega Pérez de Arlucea, director of Faro Santander, further fueled concerns when he told El País that the legislation governing the works was “flexible” and that the collection would have a “permanent presence” at the cultural center. This statement sparked widespread indignation, directly contradicting assurances that the artworks would eventually return to Mexico.
Current Mexican legislation, especially concerning works designated as “artistic monuments,” is remarkably protective. Presidential decrees explicitly state that Kahlo’s oeuvre can only leave the country temporarily, with the National Institute of Fine Arts and Literature (Inbal) responsible for repatriation. Gabriela Mosqueda, a curator and signatory to the open letter, emphasized the legal precedent: “The law is unambiguous in safeguarding these national treasures. They are integral to Mexican identity and the history of our art.” The irony is sharp: Inbal, which owns a mere four of Kahlo’s roughly 150 works, appears to be facilitating their extended absence.
The Mexican president, Claudia Sheinbaum, has publicly stated a desire for the collection to remain in Mexico. Culture Minister Claudia Curiel de Icaza confirmed the artworks would return in 2028, and Santander has issued a statement asserting that the deal “does not imply either the acquisition of the collection or its permanent removal.” But the contract itself, reviewed by The Guardian, includes a clause granting Faro Santander “charge over the collection…at any point” between 2026 and 2030, with a possibility of extension through mutual agreement. This ambiguity leaves the door open to a scenario where Mexico’s artistic heritage could be permanently lost.
“If these works do not return,” Berzunza concluded, “a fundamental part of Kahlo’s story—and our national identity—will be irrevocably diminished. She is, after all, the quintessential symbol of Mexican female artistry, and these pieces are essential for understanding her profound legacy.”