The situation with Frida Kahlo's paintings is causing worry in Mexico's art community. There are about 150 known paintings by Frida Kahlo around the world, but only four are part of Mexico's public heritage. If we count privately owned works, Mexico has seven Kahlo paintings. This difference has made many artists and cultural advocates upset. The Gelman collection has at least 18 Kahlo pieces, and it will move to Spain soon.

Banco Santander has managed the Gelman collection since January. The collection has a complicated history. It originally belonged to Jacques and Natasha Gelman. After Natasha died, Robert Littman managed the collection. Later, it went to the Zambrano family, who are linked to the Cemex cement company. This change raises questions about how clear the process was. There is no public record about the transfer from Littman to the Zambrano family. The National Institute of Fine Arts in Mexico has not confirmed these changes, leaving many people in the art community worried.

The collection has more than 300 works, including pieces by other famous Mexican artists like Diego Rivera and Rufino Tamayo. These artworks are very important and have strict rules for their protection. Out of 160 pieces managed by Banco Santander, 28 are artistic monuments. The Kahlo works have even more protection. This situation has made the art community call for the Mexican government to act to protect these valuable pieces.

Carlos Lara, a cultural law expert, signed a letter asking for stronger protections. He says that the designations for these artworks are similar to those in other countries. These designations can stop the sale of important paintings outside of their home country. This can increase the value of the pieces but also limits their movement. The art community is aware of this paradox.

The controversy around the Gelman collection has grown because of unclear ownership and agreements between the Zambrano family and Banco Santander. The Santander Foundation calls the collection the 'Santander Gelman Collection.' This has led to questions about whether the bank owns the artworks or just keeps them safe. The Zambrano family has not spoken since the announcement of the collection's exhibition in Spain.

Critics like María Minera worry about the agreement between INBAL and Banco Santander. They think the state should have made sure that such a valuable collection stays in Mexico. Instead, the agreement seems to help a foreign bank. The community asked for transparency about the agreement, but they had to get it through a media leak. One troubling clause allows Mexico's authorization for the artworks to stay abroad for a long time. This goes against laws meant to protect cultural heritage.

In response to criticism, the Santander Foundation said it will follow Mexican law. They also said no agreements have been made to transfer ownership or move the collection permanently. However, some statements from the foundation raised concerns about the flexibility of Mexican law for international exhibitions. This has made many in the art sector worried that the collection could leave Mexico for good.

The controversy has led to the bank delaying the opening of the Faro Santander cultural center. This decision allows the exhibition of 68 pieces to stay in Mexico until after the soccer World Cup. The artworks will be shown at the Museum of Modern Art in Mexico City until July 19. The agreement says the collection will return to Mexico every two years, with the first return in 2028. However, this raises more concerns about the condition of the artworks because they will travel often.

The frustrations of the art community go beyond the Gelman collection. They show worries about the Mexican government's commitment to protecting modern heritage. Cuauhtémoc Medina, a curator, questions how effective the current laws are for modern art. Mexican law protects cultural objects made before 1824, but modern artworks do not have the same protection. This makes it harder to keep them safe.

Medina believes the state should buy modern artworks to prevent their loss. Unfortunately, the government has not shown interest in this. They focus more on bringing back pre-Hispanic artifacts. Former INBAL director Gerardo Estrada said the government could have bought the Gelman collection after Natasha Gelman's death but did not have enough money.

As the value of the collection increases, the unclear ownership and agreements make many feel powerless. The only recent success was stopping the auction of two works by María Izquierdo in New York. This small victory is overshadowed by the ongoing problems with the Gelman collection.

In summary, the Gelman collection raises important questions about protecting cultural heritage in Mexico. The art community's worries show a larger concern about preserving national identity and artistic treasures that are important to Mexico's culture. The ongoing discussion about this issue shows the need for better laws to protect modern art and keep it available for future generations.