In November 2017, at the University of Ouagadougou, President Emmanuel Macron stated his desire for the conditions to be met within five years to allow for the temporary or permanent restitution of African heritage in Africa. This declaration, along with the Sarr-Savoy report in 2018, raised great hope on the African continent, particularly in French-speaking countries where some of the greatest treasures have been held in France since colonial conquests.
In December 2020, France passed a law that allowed for the repatriation of some treasures to Benin and Senegal. In 2023, following the adoption of two restitution laws regarding looted Jewish assets and human remains, there was eager anticipation for the legislative process concerning the cultural assets taken from colonized peoples. Through ambitious cultural policies, the construction or renovation of museums, and the strengthening of heritage institutions, countries were preparing to joyfully welcome their heritage back to their homeland. Benin, for example, was constructing an international voodoo museum in its capital, Porto Novo, where the famous statue of the god Gou was expected to be housed.
The delay in the promised law was a shock for many, with legitimate criticisms raised by the Council of State about the French government’s draft law, revealed by “Le Monde”, highlighting several flaws. The Council of State noted that the project violated a fundamental principle: the removal of public collections must be justified by a higher public interest, a compelling reason that is the only basis for an exception to the inalienability of public collections. The proposed law only focuses on “conducting international relations and cultural cooperation”, which does not constitute a higher public interest. This reason is directly inspired by the report on Shared Heritage: Universality, Restitution, and Circulation of Artworks, presented in 2023, which does not align with President Macron’s 2017 speech in Ouagadougou.
In 1978, Amadou-Mahtar M’Bow, then Director-General of UNESCO, wrote about the legitimate demand for the restitution of the most representative art treasures of cultures by deprived individuals. The cultural interests of peoples should be considered a compelling reason and a higher public interest. The need for cultural cooperation with France and other countries is important, but it should not override the necessity of reclaiming heritage.
The call for restitution of African heritage has been ongoing for decades, and the delay in the legislative process is disappointing for those hoping for the return of cultural treasures to their rightful places. The process of repatriation involves complex legal and cultural issues that need to be carefully navigated to ensure that the return of these artifacts is done in a fair and equitable manner. The continued pressure and advocacy for the restitution of African heritage will be essential in holding governments accountable and ensuring that the return of cultural treasures is prioritized.
