Understanding France's New Repatriation Guidelines - Summer 2024
Understanding France’s New Restitution Guidelines
France has recently released new guidelines for the repatriation of cultural artifacts, marking a significant shift in its approach to handling objects acquired during colonial times and the Nazi era. These guidelines aim to provide a framework for returning cultural heritage, human remains, and looted objects to their countries of origin.
Key Points of the New Guidelines
Three Categories for Repatriation The guidelines focus on three main types of artifacts:
Cultural heritage
Human remains
Objects looted during the Nazi era
Objective Framework The new policy calls for an objective framework for repatriation, moving away from using it as a diplomatic tool. This approach aims to create a more standardized and fair process for handling repatriation requests. Cultural Partnerships The guidelines introduce the concept of "cultural partnerships" that do not necessarily establish legal ownership but allow for the movement of objects between their countries of origin and France. Time Limit and Eligibility Requirements
A three-year time limit is recommended from the date of request to the ultimate return of the object..
Specific eligibility criteria are outlined for repatriation requests, including:
Requests must identify a specific work
The object must not be claimed by another nation
Requests cannot be accompanied by demands for monetary reparations
Human Remains For human remains, the guidelines specify that:
The identity of the person must be known
The person must have died after the year 1500
Implementation and Scope
Legislative Changes To implement these guidelines, France will need to pass new laws, as its current legal framework does not allow for the deaccessioning of objects from national collections. Africa-Europe Fund The report calls for the creation of an Africa-Europe fund to focus specifically on African cultural heritage. This recognizes the significant number of African artifacts in European museums, with an estimated 90% of African cultural heritage objects being held in Europe. Broader Application While the guidelines have a specific focus on African heritage, they are designed to extend beyond France's former colonies in Africa, potentially applying to repatriation requests from other regions as well.
Implications and Challenges
The new guidelines represent a significant step for France in addressing its colonial past and the ethical concerns surrounding the possession of cultural artifacts from other nations. However, implementation may face challenges, including:
The need for new legislation to allow for deaccessioning
Potential resistance from museums and institutions
The complex process of evaluating and responding to repatriation requests
As France moves forward with this new policy, it will likely serve as a model for other European countries grappling with similar issues of cultural repatriation and historical reconciliation..
References:
https://hyperallergic.com/819941/understanding-frances-new-restitution-guidelines/
https://www.hrw.org/news/2023/10/02/france-submission-un-committee-economic-social-and-cultural-rights
https://www.theartnewspaper.com/2023/04/26/france-long-awaited-restitution-policy-is-finally-here
https://www.diplomatie.gouv.fr/en/country-files/africa/cultural-exchanges/return-of-cultural-goods/
https://www.artnews.com/art-news/news/france-proposed-laws-restitution-african-art-human-remains-1234654048/
https://www.frieze.com/article/how-frances-restitution-report-unsettled-conversation-about-cultural-property
https://www.nytimes.com/2019/11/22/arts/design/restitution-france-africa.html
