Advice for museums considering returning items

Accredited museums have a collection development policy. This policy sets out how items can be considered for disposal. It’s also helpful to develop and include a procedure for considering the return of items. This procedure should include:

• How the proposed recipients will be involved
• How you will ensure that decision-making is rigorous, transparent and fair
• Whether your museum will respond only to requests or take a pro-active approach to returns.

If evidence of how an item was acquired is limited, use an ethical, risk-based approach rather than looking for certainty in all areas. It is also worth thinking about whether the museum will only respond to requests, or if it can be more proactive, such as the returns of the Galliwasp from the University of Glasgow or Benin Bronze from the University of Aberdeen. Museums may find a balanced approach of both proactive and reactive repatriation can work for their organisation.

Provenance relates to the history of an item. This includes where it originally came from and how it came to be in a museum collection. Reviewing existing documentation is helpful but new research may uncover additional information. This can come from different sources such as:

• From the proposed recipient(s)
• From oral accounts
• From written documentation obtained when carrying out due diligence checks.

Decisions should be based on what is ethically right today, rather than historical circumstances.  It is important to be open and transparent about how the items have been used and treated by the museum in the past. It is also important to be prepared for traumatic histories to be revealed through new research.

Understanding the legal framework behind museum decision making is an important part of repatriation work. Some people think that the law can stop museums from returning items, but in most cases it does not. The key step is confirming who legally owns the item.  If the item is on loan, the legal owner must make the decision about its return. Some items may also need to be reviewed by the Spoliation Advisory Panel if they could be considered Nazi looted objects.

National institutions are governed by specific laws, such as the National Heritage (Scotland) Act 1985, which sets out the procedures followed by National Museums Scotland. Museums that are charities should also check that their charitable purposes do not prevent them from returning items.

Human remains are not usually treated as legal property. However, there may be laws that limit how museums who hold human remains can act.

Some items may require an export license or other permissions. Items acquired after 1970 may be affected by the UNESCO convention and other international laws. Museums Galleries Scotland, along with museum staff who have already carried out repatriation work, can offer advice and guidance.

Some discussions will focus on the connection between the proposed recipient and the items or ancestral remains. This may involve talking about whether cultural practice or group identity have continued between the original holders and the people asking for a return, or the proposed recipients.

If someone is acting on behalf of another person or group, they should show that they have the authority to represent them. Proposals may come from national museums or governments, but they may also come directly from Indigenous groups. Whatever process a museum uses, the aim should be to involve the people most closely connected to the items. They should play a key role in discussions and decision making. Provenance research can help identify who these people are.

In some cases, the person or organisation that legally receives the item may not be the same as the final recipient. National institutions may also have an important supporting role in these situations.

Often the most important part of the discussion is understanding why the items matter to both the proposed recipient and the museum. Their significance may be religious, cultural, historical, or scientific importance. Some items may also have value for public learning or community benefit.

There may be related material, such as records and images, so it is important to talk about how these will be handled. These conversations should be respectful and honest, and they should focus on the needs and benefits of the proposed recipient.

In some cases, the significance to the proposed recipient may be sacred or secret. When this is the case it should not be discussed publicly and/or in detail.

When a museum agrees to return items or ancestral remains it has decided to pass responsibility to the receiving person or organisation. This responsibility is transferred without legal conditions attached.

Before a decision is made, it’s important to discuss how the outcome will be communicated. This includes what will happen if the decision is not to return the items. Planning may cover media announcements, any ceremonial handover of the items, and how images and information will be used, including copyright images.

Continued care for the item is an important discussion point, both if it stays within a collection or is returned. If the museums decide to return the item, discussions should involve care up to the end of the return process. These conversations  should include cultural protocols held by the relevant community. There may be opportunities for future collaboration, though this must never be a requirement for returning items.

Practical issues should be considered before a decision is made. This includes:

• who will cover the costs of making the return
• whether an export or other licence is needed
• whether transport companies (such as airlines) have any concerns or restrictions
• if shipping agents can help simplify transport and deal with changing regulations.

Alongside returning items, museums can support positive change in many ways, such as:

• presenting histories from multiple perspectives
• make sure the voices of people and communities connected to items are central to how stories are told in the museum.
• providing safe space for questioning, exploration and learning
• building anti-racist perspectives and practices into all systems and processes in museums
• put communities harmed by racism at the centre of museum work. This includes communities in Scotland, Global Majority peoples, and descendant communities.

The Museums Association’s Code of Ethics  outlines the ethical principles that guide museum work in the UK. The code acts as a framework for ethical decision‑making, helping museums uphold public trust and navigate issues around collections, governance, workforce, and community relationships.

The International ICOM Committee for University Museums and Collections Guidance for Restitution and Return of Items from University Museums and Collections provides practical guidance for universities on how to handle requests for the return or restitution of items in university museum collections. It builds on the ICOM Code of Ethics and the UN Declaration on the Rights of Indigenous Peoples.

The Arts Council England guidance, Restitution and Repatriation: A Practical Guide for Museums in England, provides a practical framework to help museums handle claims for the return of cultural objects. The guide explains best practice before and during a claim, including provenance research, transparency, ethical and legal assessment.

The Collections Trust restitution and repatriation section includes examples of procedures some museums use and resources for researching and processing a claim.

CARICOM Ten Point Plan For Reparatory Justice from the CARICOM Reparations Commission outlines a path to reconciliation, truth, and justice for victims and their descendants.

The Open Restitution Project is an Africa-led project seeking to open up access to information on restitution of African material culture and human ancestors, to empower all stakeholders involved to make knowledge-based decisions.

The Pitt Rivers Museum current research on African restitution involves three programmes each focused on supporting efforts to return African cultural heritage currently held in European museums and collections to the continent of Africa, on a case-by-case basis.

The Museum Ethnographers Group are compiling current repatriation news and resources in this research board.