Format: Paper Presentations with discussion
This general session provides an overview of the issue of restitution across various contexts, countries and controversies.
Convenors:
Dr Shea Esterling, University of Canterbury, Aotearoa New Zealand, shea.esterling@canterbury.ac.nz
Oyewole Ayomide Abiodun, University of Ibadan, Nigeria, oyewoleayomide249@gmail.com
Papers:
La problématique de restitution du trône royal Mēndhù-Yënũ au royame Bamoun (Cameroun) par l’Allemagne
The Issue of the Restitution of the Royal Throne of Mēndhù-Yënũ to the Bamoun Kingdom (Cameroon) by Germany
Mefire Nsangou Arouna, University of Dschang, Cameroon
Avant l’arrivée des européens, l’Afrique était organisée en sociétés traditionnelles. Ces dernières ont eu une rencontre à géométries variables avec les différentes administrations coloniales. Dans le royaume Bamoun, l’administration allemande en contribuant au développement de l’agriculture, la construction du palais et la mise sur pied par le sultan Njoya, dès le début du 20e siècle, de l’alphabet de la langue bamoun, le Schümom, aura déporté le trône royal original Mēndhù-Yënũ vers l’Allemagne. Toutes choses qui priveront les rois successifs d’une assise essentielle de leur autorité. Néanmoins, avec la construction du nouveau musée des rois Bamoun par le sultan Ibrahim Mbombo Njoya grâce au partenariat avec le Musée quai Branly Jacques Chirac, les négociations ont été entamées avec les responsables du Musée Humboldt Forum dans la perspective de la restitution du trône royal. En juin 2023, l’actuel sultan en tournée en Allemangne a eu à s’installer sur ce trône exposé dans le musée. La présente communication, sur la base des données recueillies à travers notamment la fouille documentaire et les entretiens, se propose de mener une réflexion sur la problématique de la restitution du trône royal Mēndhù-Yënũ dans le musée des rois Bamoun.
Before the arrival of Europeans, Africa was organised into traditional societies. The last of these had variable encounters with different colonial administrations. In the Bamoun kingdom, the German administration contributed to the development of agriculture, the construction of the palace and the establishment, by Sultan Njoya, from the beginning of the 20th century, of the alphabet of the Bamoun language—Schümom—and removed the original royal throne of Mēndhù-Yënũ to Germany. All of these were designed to deprive successive kings of the essential basis of their authority. With the construction of the new museum of the Bamoun kings by Sultan Ibrahim Mbombo Njoya, in partnership with the Musée quai Branly—Jacques Chirac, negotiations for restitution of the royal throne were begun with the Humboldt Forum Museum. In June 2023, the current sultan, on tour in Germany, had to sit on this throne exhibited in the museum. This paper uses data collected from documentary research and interviews to reflect on the problem of the restitution of the Mēndhù-Yënũ royal throne in the museum of the Bamoun kings.
Impact of European Relations in Benin City in the Late 15th Century AD
Oyewole Ayomide Abiodun, University of Ibadan, Nigeria
Benin City, the administrative capital of the Benin Kingdom, is one of the oldest and largest cities in West Africa. Benin City is known for its brass casting and art traditions, with an elegant display of extraordinary technical skills in making wood and ivory objects carved with great delicacy and precision. At the end of the 15th Century, the city was known to have grown so much in power and strategic trade relations with Europeans. Large quantities of brass materials were traded with a variety of professionals, including sailors, traders, explorers, and missionaries. The arrivals of Europeans marked a very significant impact in the region’s history. This period brought about profound changes that deeply affected the cultural heritage and social structures. However, the looting and destruction of cultural artefacts, particularly during the British Punitive Expedition of 1897, scattered invaluable cultural objects in museums around the world and had a lasting impact on the cultural identity and historical continuity of Benin City. This study examined the social, political and economic changes that occurred in Benin City at the end of 15th Century to understand how these changes impacted cultural practices and heritage, and carried out comprehensive historical, stylistic, artefactual and anthropological analyses, examining archival records, historical texts, and oral histories.
Holding Space: An International Mechanism for the Repatriation of Indigenous Heritage
Dr Shea Esterling, University of Canterbury, Aotearoa New Zealand
This presentation examines the restitution of cultural property to Indigenous Peoples through consideration of the creation of an international mechanism for the repatriation of Indigenous heritage. In doing so, its methodology draws on Duncan Kennedy’s critique of legal reasoning, highlighting how purportedly neutral legal doctrines perpetuate colonial power structures. Through this lens, it fleshes out the challenges and opportunities that arise from the absence of a formal enforcement mechanism(s) for the sui generis heritage scheme included in the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP). To flesh out the contours of such a mechanism, the successful restitution of the Massov Kova to the Yaqui Peoples in Mexico will be explored as a case study. Aside from detailing the particulars of this case drawing on interviews from those involved, this study demonstrates the importance of juris-generative decision-making, institutions and processes. Ultimately, this presentation argues that any proposed mechanism for repatriation must be Indigenous led. Indigenous led mechanisms are crucial to support the delivery of on the ground benefits for Indigenous Peoples, alleviating the disconnect between such benefits and Indigenous participation in international law making that is often experienced.
Readiness of African National Museums for the Repatriation of Cultural Artefacts
Isah Ishaq Ishaq, Dept of Archaeology and Heritage Studies, Ahmadu Bello University, Zaria, Nigeria
The issue of repatriation of cultural artefacts has gained significant attention in recent years, as many artefacts that were removed from their context during colonial times are being returned to their countries of origin. However, there is growing concern about the preparedness of African National Museums to adequately receive, preserve, and exhibit these repatriated objects according to international best practices. Many museums in Africa face challenges such as inadequate infrastructure, lack of trained personnel, insufficient funding, and outdated policies, which may hinder their ability to properly care for these valuable cultural items. This research critically assesses the current state of African National Museums in terms of their readiness to handle repatriated artefacts, identify the key challenges they face, and propose recommendations to improve their capacity to preserve and showcase these important pieces of cultural heritage.
Exploring the Ethics of Artefact Removal from Sri Lanka: A Case Study
Elangage Monica Namini Perera, Attorney-at-Law, Supreme Court of Sri Lanka
Kamani Perera, Chartered Institute of Personnel Management, Sri Lanka
Sri Lanka belongs to a rich civilisation with invaluable archaeological sites, unmeasurable antiquities, ancient monuments and movable artefacts that can be considered as the physical remaining of the nation’s past. However, there are threats to these invaluable heritages due to various illegal activities and development projects in the country. Timely amendment of Antiquities Ordinance and the National Policy is necessary in order to provide protection and to avoid illegal removal of artefacts from the country. During war and the British colonial period, a considerable number of collections were looted from Sri Lanka to other nations. There are two ways of looting. One way is removal of artefacts during war and subsequently, those artefacts are taken under the custody of the winning party. The other way is unlawful looting, and those artefacts are taken through secret excavations and without permission from the country of origin. Both ways, Sri Lanka has lost invaluable artefacts. Thus, such destructive activities can be treated as tearing out a page from the book of history and as a question of permanently removing the cultural pillars of the nation. Thus, laws should be implemented to prevent removal of artefacts from one nation to another.
Australia-India Synergy in the Repatriation of Artefacts. Collaboration for a Common Future
Surendra Kumar Pachauri, Indian Administrative Service Retd; Visiting Professor, St. Stephen`s College, Delhi University, India; Visiting Professor, Amity University, Delhi, India
Australia has emerged as a beacon and role model for the world to follow by taking the initiative to return cultural property to India, marking a renaissance and growth of cultural friendship and cooperation. Australia and India together, at the highest political and executive levels, have shown to the world how successfully cultural goods are repatriated. The ethical and moral dimensions of the problem are highlighted. Internationally, repatriation has become a connecting bridge between repatriating museums and host countries, encouraging collaboration. From the year 2014 onwards 40 artefacts were returned to India. The alacrity in carrying out the task is commendable. This new dynamism and consciousness were clearly visible and heartening to note when former Australian Prime Minister Tony Abbott, while visiting Delhi, handed over stolen Indian idols and artefacts to Prime Minister Modi of India. The G20 group nations summit in 2023 highlighted and shared views on the subject. There is a greater appreciation and understanding of the United Nation Convention of 1970 and important heads of States are cooperating in the return and restoration of cultural property.
The Restitution of the Parthenon Sculptures – Old Problem, New Opportunity
Peter G. Stone, UNESCO Chair in Cultural Property Protection & Peace, Newcastle University, UK
Elena Korka, archaeologist, Honorary Director General of Antiquities and Cultural Heritage, Greek Ministry of Culture, Greece
Since its establishment, WAC has been a constant advocate for the restitution of human remains and cultural objects to communities and countries of origin.
In the UK, while numerous museums have engaged with these international conversations, the British Museum (BM), seen erroneously by many as the institution leading the UK’s national and international cultural heritage agenda, refuses to engage. This is mainly justified by the limitations of the 1963 BM Act that prohibits the deaccessioning of objects in its collections unless under very specific circumstances. This stance has left the BM increasingly isolated and out of touch with national and international norms.
The highest profile restitution issue faced by the BM is that of the Parthenon Sculptures. We suggest that the 2022 Charities Act offers a solution to this without need to modify the 1963 Act. The 2022 Act could allow for the return of all the contested sculptures, by the BM’s Trustees acknowledging they are under a ‘moral obligation’ to transfer the objects outside the charity (Charities Act 2022, s. 16). This one act would reposition the UK as a real, leading, international player acting in the international good, working with international partners to the advantage of all.