The International Law Review Association Student Forum
Abstract
The debate surrounding the repatriation of African and Indigenous art held in global museums is a complex and multifaceted issue that demands an examination of its historical, legal, and ethical dimensions. Emmanuel Macron's 2018 statement in Ouagadougou, Burkina Faso, encapsulates the core of this debate: “I cannot accept that a large part of the cultural heritage of several African countries is in France,” he declared. “There are historical explanations for this but there is no valid, lasting and unconditional justification. African heritage cannot be only in private collections and European museums.” This sentiment perfectly captures the profound unease surrounding the global distribution of African cultural heritage, much of which resides in major institutions in Europe and North America. The acquisition of African cultural heritage by these institutions during the colonial era frequently involved pillaging and looting, creating a significant ethical and legal challenge. The sheer scale of this dispossession is staggering, as approximately 90% of African cultural property is currently located outside the continent, often displayed as mere curiosities to the public, divorced from their original cultural contexts. The narratives surrounding these objects have historically been shaped and controlled by former colonial powers, systematically neglecting the unique stories, perspectives, and profound cultural significance held by the communities from which these artifacts originated. This narrative imbalance further underscores the urgency of repatriation efforts.
Recommended Citation
Kennedy Wilson,
Comment,
The Intersection of Cultural Rights and the Repatriation of African Art: A Comparative Analysis of International and North American Legal and Ethical Frameworks,
ILRA Student Forum
(2025)
Included in
Comparative and Foreign Law Commons, Cultural Heritage Law Commons, Human Rights Law Commons, International Law Commons
