Optimizing Available International Remedies for the Return of Cultural Artifacts: The Case of Eritrea

Abstract

The identity of the artifacts taken from the origin states belongs to the state, as identity cannot be altered or modified. Besides, these cultural assets in their states of origin enjoy the living spirit, value, and respect of the people they belong to and provide the essence of historical legacy to their future generations. Eritrea, a small country in the east of Africa, had been under subjective colonizers for more than 100 years, where colonizers, primarily Italy and Ethiopia, confiscated many of the cultural artifacts of this country. Ethiopia started to seize historical objects in the early 12th and 13th centuries from the Adulis archaeological site and Debrebizen, a monastery near Eritrea’s capital city, later around 55 objects including sarcophagi, tombs, pottery, and coins, were taken to Ethiopia and remained in the Museums of Addis Ababa, the capital city of Ethiopia. This research paper attempts to find a possible way to regain Eritrean artifacts. Further, using the method of case study analysis, this research has managed to provide solutions for Eritrea despite the absence of international legal suits. The case studies entail that in the absence of legal remedies, states still cooperate to return historically taken cultural properties. Also, the return of historical cultural properties has become central to diplomatic dialogue among states. The beneficial outcomes of peace treaties signed between Italy and Libya, Italy and Ethiopia, unilateral declaration of the French Government, enactment of laws by the federal laws of the USA, and the laws enacted by the French government for the return of historically taken cultural properties to Spain and Japan, the negotiations between Italy and the US, the mediation between France and Nigeria, the successful arbitration case of Maria Altmann and the Republic of Austria are the selected and discussed cases during this study. Furthermore, cases are selected based on their successful nature and their impact and influence on international cultural heritage law. Moreover, the paper has also pointed out the underlying and potential challenges that Eritrea may face in claiming the historically taken artifacts. Finally, the paper recommends, on the side of Eritrea, the use of the peace agreement signed with Ethiopia as a legal base to initiate bilateral negotiations and all forms of Alternative Dispute Resolution (ADR) mechanisms to claim the return of historically taken cultural properties from Italy and Ethiopia. Suggestively, Italy and Ethiopia must realize the importance of those looted properties to the state of Eritrea and must unilaterally declare their return through legislation, administrative measures, political declaration, or peace agreements