This page is designed to answer the public's questions about restitution claims relating to African cultural heritage held by the musée du quai Branly - Jacques Chirac.
Insights into African heritage restitution claims
Content
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What does "restitution" mean?
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What is the restitution process for a work (or works) of art kept in a French museum?
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To whom can France restitute a work?
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How do you establish whether a work has an illicit origin?
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France returned 26 works to the Republic of Benin in 2021: why these specific pieces?
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Will all African artworks in the quai Branly be restituted ?
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Which countries have now made official requests for the restitution of works kept at the museum?
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Do other European countries restitute artworks?
Insights into the restitutions of African heritage
What does "restitution" mean?
In France, this is a process by which the State restitutes an object that has ben stolen, looted or seized, and therefore acquired illegally, to another State.
What is the restitution process for a work (or works) of art kept in a French museum?
According to the principle of inalienability of the public domain, the State owns the national collections. In agreement with the countries of origin that make the official claim, it may grant the right, based on prior historical research regarding provenance and acquisition, to the restitution of a work of art. As the law currently stands, only a law authorising an exception to the principle of the inalienability of national collections can enable the transfer of ownership of a work to the requesting State. The government must therefore table a bill in Parliament. Once passed and enacted, the law allows works of art to be removed from the public domain and transferred into the ownership of the requesting state.
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A report was submitted to the government in April 2023 with proposals for a legal framework for restitutions. Find out more about the Shared heritage: universality, restitution and circulation of works of art report
To whom can France restitute a work?
Restitution can be made to a State, and exclusively to a State.
How do you establish whether a work has an illegal origin?
Rigorous and thorough research is carried out on each object to determine its provenance and history, including the origin of the work and how and the context in which it was acquired. This involves a systematic examination of numerous archival records and the scientific analysis of the objects. This research is carried out by researchers and museum professionals from both the countries of origin and France, working together. The results of this research are used to establish whether the artwork was acquired legally or illegally, or in cases where research does not lead to a clear result, whether the acquisition circumstances remain uncertain.
France returned 26 works to the Republic of Benin in 2021: why these specific pieces?
The 26 artworks returned were looted as spoils of war by General Dodds during the French colonial conquest of the Kingdom of Danhomy (present-day Benin). They were pillaged during the capture of Abomey in 1892, particularly from the royal palaces, including that of King Béhanzin, who reigned at the time. These pieces have a very important historical, symbolic and protective value for the people of Benin. The works were exhibited in Cotonou in 2006-2007, an exhibition which sparked the desire for their permanent return to Benin. Beninese authorities officially requested their return from the French government on 26 August 2016. The historical and scientific study of this collection, sometimes referred to as part of the "Treasure of Béhanzin", unquestionably demonstrates that these pieces originated from that war conquest. Following a recommendation from the museum, the French President announced their restitution in November 2018, one year after his speech in Ouagadougou, in which he expressed his wish to create the conditions for temporary or permanent restitutions of African heritage to Africa.
- Law no. 2020-1673 of 24 December 2020 on the restitution of cultural property to the Republic of Benin and the Republic of Senegal formalised the transfer of ownership of the 26 works to the Republic of Benin. The pieces arrived in Benin in November 2021.
- https://www.quaibranly.fr/en/collections/living-collections/news/restitution-of-26-works-to-the-republic-of-benin
Will all African artworks in the quai Branly be returned?
Most of the 70,000 sub-Saharan African objects held at the musée du quai Branly - Jacques Chirac were acquired legally, through purchases or donations. For those about which there is some doubt, careful examination and research into the context of the acquisition is required. For this reason, the museum has embarked on an extensive "provenance project" to delve deeper into research and attempt to trace the journey of these works, working with the scientific teams from the museums in the countries of origin of the objects held in the museum.
Which countries have now made official requests for the restitution of works kept at the museum?
In addition to Benin and Senegal, five other African countries (Madagascar, Côte d'Ivoire, Ethiopia, Mali and Chad) have submitted official requests for restitution. Each request is examined on a case-by-case basis by the relevant French authorities, liaising with cultural and scientific stakeholders, and in consultation with the requesting State. Ambitious cultural cooperation programmes are being developed with each of these countries, and the museum continues to foster and expand scientific and cultural partnerships with African museums, indigenous communities and local populations.
Do other European countries restituate artworks?
Several European countries have defined a policy designed to restitute some of the heritage looted during the colonial period.
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Germany has initiated research programmes on the provenance of collections. The Ministry of Culture (BKM) has created a specific structure to fund and conduct provenance research on looted cultural heritage (Deutsches Zentrum Kulturgutverluste-DZK). In October 2018, the Association of German Museums published a guide of best practices for the "treatment of collection items from colonial contexts".
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The Netherlands has developed a policy framework for dealing with colonial collections, presented to the House of Representatives in January 2021. This framework highlights the need for a restitution policy drawn up in partnership with the countries of origin. The Pressing Matter: Ownership, Value and the Question of Colonial Heritage in Museums project, coordinated by the National Museum of World Cultures (NMVW) and Amsterdam's Vrije Universiteit (VU), aims to conclude research on the provenance of the 450,000 art objects held by the NMVW.
- Belgium has announced its intention to restitute a number of objects acquired by force during the reign of Leopold II between 1885 and 1908 to the Democratic Republic of Congo (DRC). The Africa Museum in Tervuren has published its policy on the restitution of works taken during the colonial period. (Ethical Principles for Restitution, report by a group of experts, published by FARO).
February 2024
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