France’s Colonial Art Bill: A New Era?
By Darius Spearman (africanelements)
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The French government has adopted a new bill. This bill aims to speed up the return of colonial-era objects to their countries of origin (theartnewspaper.com). Culture Minister Rachida Dati presented the bill. It seeks to simplify a process that used to be very difficult. Before, each restitution needed a specific law (theartnewspaper.com). If approved, this new law would make it easier to return cultural goods. These goods are in France’s national collection. They were taken illegally between 1815 and 1972 (france24.com). The bill specifically covers items obtained through “theft, looting, transfer or donation obtained through coercion or violence, or from a person who was not entitled to dispose of them” (france24.com). The Senate is expected to publish its report on September 11. The text will then be voted on in the Senate on September 24 (theartnewspaper.com).
This move comes after France has faced criticism. Many say its restitution efforts have been too slow. This is despite President Macron’s promise in 2017 (theartnewspaper.com). Since that promise, France has only returned 30 objects. These went to a few African countries (theartnewspaper.com). For example, a “talking-drum” from the Ivory Coast has been ready for over a year. It was meant to be the first item returned under a wider bill. However, it has been held up by issues in parliament (npr.org). This slow pace is partly because a specific law was needed for each return. This process could take years (theartnewspaper.com).
Understanding Inalienability
The concept of “inalienability” is a key legal idea in France. It has made restitution very difficult. This principle means that public collections, once owned by the state, become part of the national public domain. They cannot be sold, given away, or gotten rid of in any other way. This legal rule complicates restitution because a special act of parliament is needed. This act must remove an object from the public domain before it can be returned. Therefore, each restitution becomes a long and complicated legal process.
What is Inalienability?
This means a specific act of parliament is needed to declassify an object from the public domain before it can be returned.
Until now, France had to pass a specific law for every restitution it agreed to (theartnewspaper.com). This process was painstaking and took years (theartnewspaper.com). The laws in place made it hard to return artworks taken during imperial conquests (france24.com). Every single item in the national collection needed an individual vote in parliament (france24.com). However, a new draft law aims to simplify and streamline this process (france24.com). This change is a big step towards making restitutions more efficient.
The New Bill’s Approach
The new bill aims to make the restitution process smoother. It would allow the government to approve returns by decree under certain conditions (africanews.com). However, some bureaucratic hurdles still remain. For example, documentation must be given to a bilateral scientific committee. This documentation needs to prove that an artifact was taken illegally (africanews.com). Then, France’s highest administrative court, the Conseil d’Etat, will give the final approval for restitution (africanews.com).
Only artifacts meant for future public display will be considered for return (africanews.com). Military items, public archives, and items found during archaeological digs are not included in this bill (africanews.com). While the bill aims to speed things up, Senator Catherine Morin-Desailly still has concerns. She welcomed the decision to return human remains to Madagascar. However, she stressed the need for more legal reform. She noted that a 2023 law only allows returns requested by foreign states. It does not include France’s own overseas territories (artnews.com).
The Role of Key Bodies
The bilateral scientific committee plays a crucial role. While details are not fully clear, these committees would involve scientific and legal experts. They would also include experts from the countries asking for restitution (news.artnet.com). Their job would be to set rules for what can be returned. They would also check if artifacts were taken illegally (news.artnet.com). A report for President Emmanuel Macron suggested studying requests from eight African countries. This would help create “criteria of returnability” (theartnewspaper.com).
The Conseil d’Etat is France’s highest administrative court. It has a vital role in the restitution process. It screens proposed laws (theartnewspaper.com). This screening makes sure the bill fits with existing laws and rules. It acts as a major gatekeeper for restitution laws. While the exact details of its influence are not fully explained, its involvement ensures legal consistency.
Defining Illicit Appropriation
The bill uses terms like “theft,” “looting,” and “transfer or donation obtained through coercion or violence.” These are the reasons for restitution (france24.com). The general idea is to address items taken during imperial conquests. These are cases where the original owners or communities did not freely agree to the transfer (thelocal.fr). The bill is designed to speed up the return of artworks looted during the colonial era (thelocal.fr). It aims to fast-track the return of art taken during imperial conquests (france24.com).
The bill covers objects taken between 1815 and 1972 (theartnewspaper.com). Most of these items are from former French colonies (theartnewspaper.com). This period likely covers the peak of French colonial expansion and decolonization. The focus on former French colonies reflects France’s direct historical responsibility (theartnewspaper.com). While a report on restitution defined the scope more broadly, this bill focuses on former French dominions (theartnewspaper.com).
Challenges and Criticisms
The slow pace of past restitution efforts is mainly due to the legal need for individual laws for each object (theartnewspaper.com). This process is described as “painstaking” and taking “years” (theartnewspaper.com). This shows significant bureaucratic and legislative difficulties. The sensitive nature of France’s imperial past also adds to the complexity (theartnewspaper.com). Since Macron’s promise in 2017, France has only returned 30 objects to a few African countries (theartnewspaper.com). For example, France returned 26 royal artifacts, including a throne, to Benin in 2021 (france24.com).
France’s Restitution Progress Since 2017 Pledge
Some critics are worried about the new bill. They fear political manipulation and want independent oversight. Senator Pierre Ouzoulias “deeply regrets” the government’s rush on such a complex matter (africanews.com). He believes this is happening after years of delay (africanews.com). Ouzoulias asked for an independent scientific body to oversee the approval process. This would stop the government from using restitutions as a political tool (africanews.com). He also stated that “France has not finished mourning its colonial past” (africanews.com). This highlights a major challenge in restitution efforts.
Impact and Future Outlook
The bill is a response to growing demands from other nations for restitutions (news.artnet.com). This shows an awareness of how it affects relationships with former colonies. While specific views from these countries are not detailed, preparing such a law is a step towards addressing historical wrongs. It could also improve diplomatic ties (france24.com). Former colonial powers in Europe have been slowly returning some artworks taken during their imperial conquests (france24.com). France has already returned objects to a few African countries, including 26 artifacts to Benin (theartnewspaper.com).
The Senate will publish its report on September 11. The vote in the Senate is set for September 24 (theartnewspaper.com). However, there is no clear timeline for when actual restitutions will happen after the law passes. The bill aims to “speed up” and “streamline” the process (france24.com). This suggests an intention for quicker action. Still, a concrete timeline is not provided. The bill also limits restitution to artifacts meant for future public display. This condition could limit returns to objects that recipient countries can commit to exhibiting publicly. It might exclude items for private collections or research. The reason for this condition is not explained. However, it might be to ensure the returned objects continue to provide cultural and educational benefits.
Connecting to Past Legislation
Two laws for the return of Nazi-looted art and human remains were passed in 2023 (theartnewspaper.com). The current bill focuses on colonial-era objects. The main difference is that the human remains law covers a different type of item. This new bill focuses on cultural artifacts. Their combined impact shows France’s wider commitment. It aims to address various types of illegally acquired items in its public collections (news.artnet.com). A bill to return human remains was proposed in 2021 and is likely to be voted on (news.artnet.com). One of the upcoming laws specifically deals with human remains (theartnewspaper.com).
This new bill represents a significant shift. It moves away from the old, slow process. It aims to create a more efficient system for restitution. However, the concerns raised by critics are important. They highlight the need for transparency and independent oversight. This is crucial to ensure the process is fair and not used for political gain. The world will be watching to see how France implements this new law. The success of this bill will depend on how well it navigates these complexities. It will also depend on its ability to truly address the historical injustices of the colonial past.
ABOUT THE AUTHOR
Darius Spearman has been a professor of Black Studies at San Diego City College since 2007. He is the author of several books, including Between The Color Lines: A History of African Americans on the California Frontier Through 1890. You can visit Darius online at africanelements.org.
