Sénégal Premier Minister: Demands Restitution Biens Culturels Spoliés France

• Senegal's Premier Minister, Ahmadou Alhaminou Lô, recently characterized spoliated cultural property as "stolen goods" at the FILDAK event in Dakar.
• He affirmed Senegal's intention to collaborate with other African nations to repatriate cultural assets and national archives, including those in the Bibliothèque nationale de France.
• A new French law, enacted by President Macron, now allows the government to remove plundered cultural property from the public domain by decree, simplifying the restitution process.
• This French legislation applies to items acquired between November 20, 1815, and April 23, 1972, and requires consent from the legal entity if the work is not state-owned.
• The Premier Minister highlighted the importance of strengthening national institutions, such as the planned National Library and House of Archives, to effectively preserve national memory alongside restitution efforts.

This legislative shift, fulfilling a 2017 promise made in Ouagadougou, marks a significant departure from previous obstacles where restitution demands, particularly from African nations, were often thwarted by the principle of public domain.

At the 18th International Book and Educational Material Fair (FILDAK) in Dakar on October 15, Senegal's Premier Minister, Ahmadou Alhaminou Lô, delivered a significant address focusing on the critical issue of African cultural assets held abroad and Senegalese archives located outside the country. During his speech, he unequivocally labeled spoliated cultural property as "stolen goods," signaling a firm stance on the matter of restitution. This declaration underscores a broader commitment from the Senegalese government to actively collaborate with other African states in their collective efforts to recover national memory and cultural heritage.

The Premier Minister stressed that the repatriation of these items should not be viewed as a concession, stating that "It is not at all a favor that is done to us when stolen goods are returned." This powerful assertion highlights the inherent right of nations to their cultural patrimony. He specifically mentioned the Bibliothèque nationale de France as one institution where significant Senegalese archives are currently housed, emphasizing the extensive reach of these historical holdings beyond national borders. The ongoing efforts for Sénégal restitution biens culturels spoliés France are thus framed not as requests for generosity, but as demands for justice.

The landscape for the restitution of cultural property is undergoing a notable transformation, with legal mechanisms increasingly facilitating such returns. In France, a pivotal law, promulgated under President Emmanuel Macron, has streamlined the process for the repatriation of plundered cultural assets. This legislation empowers the French government to remove cultural property from the public domain via a simple decree, thereby eliminating the previous requirement for a specific parliamentary law for each individual case of restitution.

This legislative shift, fulfilling a 2017 promise made in Ouagadougou, marks a significant departure from previous obstacles where restitution demands, particularly from African nations, were often thwarted by the principle of public domain. The French law on restitution of cultural property applies to items acquired between November 20, 1815, and April 23, 1972. Crucially, it stipulates that if the cultural work is not state-owned, the consent of the concerned legal entity is required for its removal from the public domain and subsequent return. This development in French law regarding the restitution of cultural property provides a clearer pathway for the return of "biens volés" and sets a precedent for future negotiations concerning patrimoine culturel africain restitution.

The Premier Minister underscored the profound impact of historical document dispersal on national identity and historical understanding. He recounted his personal experience of having to consult documents preserved in France to gather information about the Battle of Nguidjilone, which occurred in either 1858 or 1859. This anecdote illustrates a broader challenge: a substantial portion of Senegal's written history and cultural narrative remains scattered abroad, necessitating extensive research outside the country's borders. He further observed that during his tenure as Secretary-General of the government, visits to regional ministries revealed that the oldest preserved documents typically dated only from the second half of the 19th century, highlighting a significant gap in accessible historical records within Senegal itself.

While the repatriation of cultural assets and archives is paramount, Ahmadou Alhaminou Lô emphasized that restitution alone is insufficient to fully safeguard national memory. He stressed the critical need to reinforce domestic institutions responsible for the preservation and transmission of this heritage. To this end, he reiterated the government's commitment to two foundational projects: the establishment of a National Library and a House of Archives. These initiatives are designed to serve as crucial infrastructure for the conservation of documents and the dissemination of knowledge. The recent FILDAK event, resuming after a seven-year hiatus, provided a timely platform to re-center discussions on cultural sovereignty and the future of books in the digital era. The Premier Minister also called upon researchers and sociologists to collaborate with the state in documenting national history and preserving oral traditions, succinctly capturing the limitations of solely written accounts with the proverb: "Between the hunter and the lion, the hunter will always tell the battle in his own way."

Lawyers advising cultural institutions, governments, or private collectors should be aware of the evolving legal landscape regarding the restitution of cultural artifacts and archives, particularly between former colonial powers and African nations. The French law allowing restitution by decree sets a precedent that may influence future claims and negotiations, requiring legal expertise in international cultural heritage law and bilateral agreements.

Source: Reporting based on information from Lequotidien.