Colonial Booty and Its Restitution – Current Developments and New Perspectives for French Legislation in This Field

• Published in: Santander Art & Culture Law Review Vol. 8; no. 2; pp. 355 - 370
• Main Author: Perrot, Xavier
• Format: Journal Article
• Language: English
• Published: Krakow Wydawnictwo Uniwersytetu Jagiellońskiego 2022; Jagiellonian University Press; Jagiellonian University-Jagiellonian University Press
• Subjects: Criminal Law; History; Humanities and Social Sciences; Law; Law, Constitution, Jurisprudence; Museology Heritage Studies; restitution of cultural property; inalienability of public collections; colonial looting; French restitution law
• ISSN: 2391-7997; 2450-050X
• DOI: 10.4467/2450050XSNR.22.023.17036

Recent developments in French and international laws concerning the return of cultural property from formerly colonized territories are particularly rich. Most States with large collections of non-European objects are now faced with claims from the countries from which these objects were transferred. France, after having long maintained a legal stance based on strict respect of the principle of inalienability of public collections, has recently changed its position statement. In 2017, in Ouagadougou, the President Emmanuel Macron said he was in favour of returning African heritage to Africa. Three years later, on 24 December 2020, the Parliament adopted a law that partially fulfilled the President’s wish, by identifying 27 objects for return to Benin and Senegal. As this article will explain, the law’s passage was fraught, and opinions continue to diverge on a case-by-case (or object-by-object) approach to return versus a generic statute. There are also questions about what drives the idea of return – from legal responsibility, to moral duty in view of French history, to contemporary politics and diplomacy.