Germany: New guidelines on the treatment of cultural property and human remains

Julia von Sigsfeld writes:

The 2019 Framework Principles affirmed the repatriation of human remains and signalled a political will to return cultural belongings appropriated in ways now seen as legally or ethically unjustifiable.

The 2025 Guidelines are drafted upon prior consultations, build on this foundation promoting dialogue with societies of origin and descendants, interdisciplinary provenance research, and proactive roles for museums, while acknowledging the cultural, spiritual, and epistemological singularities of each case.

They expand on communication channels for restitution requests, specifically notably requiring the consent of the state of origin, and call for a need to streamline procedures and call for an expert advisory body to be established to support restitution efforts. Further details on governance and the body’s specific mandate remain to be defined.

At a Glance:

1. Expression of political will

• The Guidelines express a fundamental willingness to engage in restitution dialogues for objects and human remains acquired in colonial contexts that may no longer be considered legally or ethically justifiable. (pp. 9–10)
• Restitution is framed not as an endpoint but as part of an ongoing dialogue on colonialism and its consequences. (p. 9)
• Returns are expected to take place unconditionally. (p. 10)

2. Stronger partnership logic

• Greater emphasis is placed on dialogue with Herkunftsgesellschaften (societies of origin) and Herkunftsstaaten (states of origin), encouraging early and meaningful co-determination in decisions about objects and remains.
• The Guidelines recognise the (diverging) ontological, spiritual, and epistemological dimensions of cultural belongings, pointing to a more culturally sensitive approach to provenance research and return. (pp. 9–10, 17)
• More careful attention is given to language and terminology. (p. 4)

3. Human remains

• Human remains and cultural objects from colonial contexts are treated as requiring distinct and heightened attention.
• Establishing provenance and repatriation of human remains is a priority. (p. 15)
• Measures for the safeguarding of human remains should be determined in dialogue with descendants, societies of origin, or states of origin. (p. 15)
• A dedicated Contact Point for dealing with human remains (Anlaufstelle zum Umgang mit menschlichen Überresten) will be established within the existing German Contact Point for Collections from Colonial Contexts. (p. 16)

4. Provenance research

• Provenance research is highlighted as a precondition for restitution. (p. 12)
• Research is to be undertaken as an interdisciplinary effort. (ibid.)
• The perspectives of the state and society of origin must be appropriately considered. (p. 11)
• Gaps or uncertainties in provenance should not automatically lead to the rejection of return requests. (p. 11)

5. Procedural framework

• The role of states of origin (Herkunftsstaaten) is highlighted: their explicit consent is required for the return and import (Einfuhr) of cultural belongings and human remains. (pp. 10, 12)
• Communication channels for restitution requests are established among German stakeholders, including the Foreign Office, the Contact Point, and institutions. (pp. 12–13)
• The Guidelines call for a unified procedure across the federal government, states, and municipalities, though detailed implementation is yet to be defined. (pp. 12, 14)
• An international and interdisciplinary expert network will serve as a consultative body; its precise role and mandate remain undefined. (pp. 16, 18)

6. International and multi-level cooperation

• The Guidelines recognise the transnational and European dimensions of colonial heritage.
• Strengthened cooperation is encouraged both with origin states and with other former colonial powers (e.g., Belgium, France, UK, Netherlands, Austria).