Introduction
An international conference entitled “Decolonizing Heritage: The Return of Cultural Objects to Africa – An International Law Perspective” took place in Geneva, Switzerland. The conference was organized by the United Nations Educational, Scientific and Cultural Organization’s (UNESCO) Chair in International Law of the Protection of Cultural Heritage, the Art-Law Centre and the Department of Public International Law at the University of Geneva, and the International Organization at the University of Geneva. The event was organized under the honorary patronage of the Permanent Mission of the Republic of Senegal to the United Nations (UN) Office and other international organizations in Geneva, the Global Studies Institute at the University of Geneva, the African Union, and the International Institute for the Unification of Private Law (UNIDROIT). The conference was held in French and English and was transmitted live online.
Day 1: Inauguration
The two-day conference began with an inaugural session on 23 September 2021. Welcoming speeches were moderated by Gorgui Wade Ndoye (UN-accredited journalist, director of the Pan-African Magazine Continent Premier). Nicolas Levrat (director of the Global Studies Institute), Yves Flückiger (Rector of the University of Geneva), and Didier Péclard (director of the Masters program in African Studies at the Global Studies Institute) made opening speeches, highlighting that the event provided diverse perspectives by world-class specialists in the field of cultural heritage protection, and thanked the partners of the event.
Souleymane Bachir Diagne (director of the Institute of African Studies; professor of French and of philosophy at Columbia University) conducted an online inaugural lecture entitled “Les objets d’art africains et leurs traductions” (Works of African Art and Their Translation), exploring the bond of affiliation to cultural objects. Diagne introduced the philosophical issue of the meaning of the return of cultural objects by asking whether it means reintegrating cultural objects and their original functions or translating their meaning after the separation from their place of origin.
After the inaugural speech, organizers provided time for questions and comments.
Day 2: Introduction
The second day of the conference was divided into two panels. The first one was dedicated to challenges to the return of cultural objects. The second panel outlined a panorama of practical solutions. The opening session was chaired by Gorgui Wade Ndoye, who welcomed the speakers and the audience. Bénédict Föex (dean of the Law Faculty at the University of Geneva) presented introductory remarks, indicating the most pressing issues when it comes to returning cultural objects. His Excellency Coly Seck (permanent representative of the Republic of Senegal) welcomed the participants.
In his speech, Felwine Sarr (Anne-Marie Bryan Chair in French and Francophone Studies at Duke University) addressed his report “The Restitution of African Cultural Heritage: Toward a New Relational Ethics” (Rapport sur la restitution du patrimoine culturel africain. Vers une nouvelle éthique relationnelle), and it was co-authored by Bénédicte Savoy.
The opening session closed with a discussion.
Day 2: Panel 1
The first session was chaired by Her Excellency Kadra Ahmed Hassan (permanent representative of the Republic of Djibouti to the UN Office and other international organizations in Geneva), who opened the panel with the introductory remarks regarding the importance of giving young generations access to cultural heritage, which were followed by discourse on the return of cultural objects to their countries of origin.
Her Excellency Namira Negm (legal counsel and director of the Office of Legal Affairs at the African Union) spoke on the African Union’s policy and actions for the return of cultural objects. The theme of the year 2021 at the African Union was Arts, Culture and Heritage: Levers for Building the Africa We Want. The 1976 Cultural Charter for Africa needs to be respected. The legal framework regarding the return of cultural objects is limited. There is the continuing issue of replicas in the art market and the occurrence of sales of original artworks despite claims being raised for their return to Africa.
In an online presentation, George Abungu (consultant and fellow of the Stellenbosch Institute for Advanced Studies) provided an analysis of the agenda of decolonization in relation to the return of cultural objects removed during colonialism from the perspective of the policy and practice of African states. The procedure of looting cultural heritage in Africa is rooted in the history of exploitation of this continent and its resources, which remains one of the main challenges for the continent today. Despite enormous historical losses and the current call for restitution, many African states still have not introduced applicable legal frameworks and policies. It is important that the return of cultural objects comes with recognition of the roles of heritage protection and sustainable management.
In an online presentation, Marina Schneider (principal legal officer and treaty depositary at UNIDROIT) spoke on the 1995 Convention on Stolen or Illegally Exported Cultural Objects (UNIDROIT Convention) and colonial heritage.Footnote 1 Although the UNIDROIT Convention is not retroactive, the adoption of its provisions for the future in no way confers any approval or legitimacy upon whatever kind of illegal transaction that may have taken place before its entry into force. It also does not limit any right of a state or a person to make a claim under other available remedies. Only 12 African states are parties to the UNIDROIT Convention. The Economic Community of West African States reviewed the legal framework of member states in 2021 to enable them to accelerate the ratification of international instruments relating to the restitution and return of cultural goods.
Alessandro Chechi (University of Geneva) spoke on the return of colonial objects from the perspective of international law. During the colonial era, misappropriations of cultural objects occurred through military operations, private scientific expeditions, missionary collecting, gifts, purchases, or barter. At that time, international law and customs applied only to states with a Christian and scientific legacy, and so it did not apply to non-Western territories and their inhabitants. From the perspective of international law and the doctrine of inter-temporality, law is not retroactive, and facts should be assessed according to the standards of the time when they occurred. However, the effects of the plunder are still observed today. Claims for the return of cultural objects can be resolved, inter alia, by bilateral treaties or by raising a claim before UNESCO’s Intergovernmental Committee for Promoting the Return of Cultural Property to Its Countries of Origin or Its Restitution in the Case of Illicit Appropriation (ICPRCP).
The first panel was closed with questions and discussion.
Day 2: Panel 2
The second session was chaired by Marc-André Renold (University of Geneva and UNESCO chair). Irina Bokova (former director-general of UNESCO from 2009 to 2017) introduced the issue of cultural diplomacy and the decolonization of collections. The ongoing and fundamental effort is to write a general history of Africa that frees it from racial prejudices and promotes an African view. Cultural diplomacy in cases concerning the return of cultural objects needs to address the condition of asymmetry between claiming and retaining states. African states have not sought remedies before the ICPRCP, fearing long-term procedures.
Robert Peters (senior officer at the German Federal Foreign Office) spoke on dealing with collections from a colonial context and recent developments in this field in Germany. Coalition agreements by the governing parties from 2018 emphasized that the basic democratic consensus in Germany includes coming to terms with the past with regard to the Nazi regime, the communist regime, and Germany’s colonial past. In 2019, the German federal government, the federal states, and German municipal organizations adopted the Framework Principles for Dealing with Collections from Colonial Contexts. The contact point for collections from colonial context was also established.
Robert Verhoogt and Maurice Boer (senior policy officers at the Dutch Ministry of Culture) spoke on redressing an injustice from the perspective of the Dutch policy on collections from a colonial context. In 2021, the Advisory Committee on the National Policy Framework for Colonial Collections and the Council for Culture published guidance on the way forward for colonial collections entitled “Colonial Collection: A Recognition of Injustice.” The process of return of cultural objects consists of requests from the country of origin, an assessment of the request by an independent committee, and a decision by the minister of culture.
Carlo Sommaruga (Council of States in the Swiss Parliament) analyzed the role of Switzerland in the discussion on the return of cultural goods.
Clémentine Bories (University of Toulouse 1 Capitole) described the French practice of returning to Africa cultural objects appropriated in the colonial context. In general, French law prohibits the deaccession of objects constituting collections in national museums. The political perspective on the return of cultural goods to Africa is changing in favor of addressing cultural injustice. The Act on Restitution of Cultural Goods to the Republic of Benin and the Republic of Senegal, which was enacted on 24 December 2020, specifies the principle of the inalienability of public collections.
Carsten Stahn (University of Leiden) spoke on the return of cultural objects from the perspective of legal and ethical dimensions in museum practices. Restitution is an interrelated issue of justice, ethics, and human rights. Areas of convergence in these issue areas mostly concern access to cultural goods, post-colonial provenance research, creating contextualized return criteria, changing display practices, and the special treatment of human remains.
Boris Wastiau (director of the African Department at the Ethnographic Museum of Geneva [MEG]) presented examples of African cultural objects conserved at the MEG.
Floriane Morin (curator of the African Department at the MEG) presented collaborative projects and provenance research regarding the African collection at MEG. Benin Initiative Schweiz is a program dedicated to cultural objects originating from the Kingdom of Benin. Eight Swiss museums under the leadership of Zurich’s Rietberg Museum agreed to investigate the provenance of their holdings from the historical Kingdom of Benin in Nigeria.
Marc-André Renold introduced a plan to establish a platform for the diplomacy of cultural heritage at the University of Geneva. The project involves facilitating dialogue and promoting alternative dispute resolution. The description of the project was illustrated using an example of a case of restitution of an eighteenth-century icon, supported by the members of the Art-Law Centre at the University of Geneva.
In the conference closing, Makane Moïse Mbengue (University of Geneva) presented an action plan for African states regarding the return of cultural objects. The action plan involves information on legal problems and frameworks in African countries, the codification of best practices, the adoption of the existing legal framework, and the formulation of clear guidelines.
