Restitution as a matter of constitutional and human rights
Sarah Imani,
Leokadia Melchior
European Center for Constitutional and Human Rights (ECCHR)
Policy paper
2024
This position paper highlights selected aspects of restitution processes, which in our estimation, do not just concern (foreign) cultural policy but, rather, questions of coming to terms with colonial injustice. It will thus focus on the legal and moral responsibility of former colonial powers – not just with regard to the past, but also the present and future. The principles of so-called transitional justice provide the framework for minimum standards of a human rights-based restitution practice, which must always focus on safeguarding the rights of affected communities. In this respect, constitutional and human rights must supply a minimum standard, a “legal bedrock,” for state restitution policies and practices. Only in this way can structural racism, enduring discrimination and human rights violations be adequately challenged in current and forthcoming intergovernmental negotiations and reconciliation processes. Even within a postcolonial – and thus still colonial – world order, an adequate legal reckoning through reparative processes is not only possible but, in light of the severity of the injustice, also indispensable.
