Paris, 13 May 2011
On 18 May 2010, a French bill was passed authorizing the restitution of Maori heads to New Zealand. The bill stipulated that a national scientific commission of collections be created. This restitution represents a significant departure from the principle of inalienability of French public artworks.
The new commission will play a deciding role in the reclassification of artworks currently in the museums and public collections of France. The commission will consist of MP’s, civil servants, local representatives, curators and art experts. Catherine Morin-Desailly, a senator from Seine-Maritime, will represent the Senate.
At the moment, a law needs to be passed in order for a public work to be leave France, as was the case for the Maori heads.
It has also been proposed that instead of restoring items in public collections to their countries of origin, a system of renewable or alternating loans should be put in place. 296 Korean manuscripts were returned to Seoul via a renewable loan. This indefinite loan acts as a restitution, as it would require the passing of a law to alienate the documents. The principle of inalienability is thus bypassed and the commission will be in charge of enabling and legalizing such returns.
The restitution of the Maori heads has set a new precedent in France’s relations with other countries and this could strike a blow to the inalienability of French collections.