Summary of the criticism:
- There is a lack of general recognition of colonial contexts as contexts of injustice. As long as colonial appropriations are not considered fundamentally unlawful—as is practiced in the Nazi context through a presumption in favor of the victims—restitutions remain discretionary decisions of the collecting institutions.
- Equally problematic is the fact that the new guidelines continue to fail to recognize restitution and repatriation as obligations under international and human rights law. Instead, they continue to be treated as matters of discretion.
- The planned international network of experts can only be effective if its mandate, decision-making powers, and majority participation of representatives from the societies of origin—especially from the Global South and Indigenous groups—are guaranteed.
- Without reliable funding, all ambitions remain empty promises: provenance research, transparency, collaborative partnerships, and dignified returns require substantial funding, including support for travel and preparatory visits.
The German civil society organisation Berlin Postkolonial, Decolonize Berlin, and Flinn Works demand:
- Federal and state laws that recognize colonial contexts as contexts of injustice.
- They create legal claims and clear procedures, involve communities of origin on an equal basis, establish an effective panel of experts.
- And they establish a ban on the private trade in ancestors/human remains from colonial contexts, accompanied by EU-wide minimum standards.
