European countries’ policies on restitution of colonial cultural property: some comments from a Latin American perspective

Abstract

ABSTRACT The restitution of colonial cultural property, which is currently the subject of much debate in Europe, raises several challenges. At first glance, it requires recognizing the injustices associated with coloniality itself and determining how restitution can occur. This requires an in-depth understanding of certain aspects that are particularly challenging, for example, the complexities related to the ways in which provenance research is conceived and conducted or the role that human rights play in postcolonial contexts. At the heart of such debates seems to be the need for legal reforms and greater respect for the interests and rights of the communities of origin. Taking into account the Latin American context, this paper critically examines how colonial cultural property restitution policies in some European countries have attempted to address some fundamental aspects underlying the consideration of the Indigenous peoples involved but, at the same time, have overlooked other aspects.