The French Parliament's official approval of a cultural property restitution bill means France can no longer simply ignore or refuse restitution requests from African countries and could open the door to claims from other countries, particularly China, according to a French art historian.
The French Senate on Thursday approved a draft law on the restitution of cultural property acquired through illicit appropriation, following a new round of debate.
The upper house of parliament passed the bill with 343 votes in favor and none against, after the revised draft had already been approved by the National Assembly on Wednesday with 141 votes in favor and none against.
The bill seeks to establish a clearer and simpler legal framework for returning cultural assets acquired by France through illicit means, including looting, theft and sales conducted under coercion. It applies to cultural property acquired between 1815 and 1972, excluding military items and certain archaeological objects.
Benedicte Savoy, an academic and art historian who co-authored a 2018 report submitted to French President Emmanuel Macron on the restitution of African cultural heritage, explained how the bill would change France's handling of restitution requests from African countries.
"From now on, France can no longer ignore or refuse requests made by African countries. Until now, in France, either we didn't listen to them, or we said no. Now, what will change is that we can no longer simply say no. We will be obliged to examine these requests seriously. The French model is a very centralized one, with a heritage code that, until a few days ago, prevented us from 'de-accessioning', from removing a work from a museum. This was an absolutely necessary step on the European side in order to move forward and stop denying, forgetting, or having amnesia about this colonial period that filled our museums," she said.
Savoy said the bill creates a legal basis for returning cultural objects taken under coercive or violent colonial conditions.
"With this law, from now on, pieces that can be proven to have been taken under conditions of non-consent or colonial violence can be restituted. This law refers to all pieces that arrived under conditions of violence, colonial asymmetry, and non-consent," she said.
Beyond the African continent, this new legislative framework could also pave the way for restitution requests from other countries, particularly in Asia. Savory specifically mentioned China, noting that parts of its cultural heritage were scattered across Europe after the looting of the Old Summer Palace (also known as Yuanmingyuan) by French and British troops in 1860 and 1861.
"China suffered greatly in the 19th century from the European policy of appropriation, notably with the looting of the Summer Palace in 1860 and 1861, whose treasures were divided between Great Britain and France and are still found today in English museums, in London particularly, but also in French museums. Therefore, obviously, this law must open up, must henceforth allow restitution requests from countries, including Asian ones affected by the French policy of appropriation in the 19th century, to be heard, processed, and, in my opinion, for restitutions to take place," she said.
France's cultural property restitution bill facilitates claims from African countries, China: expert
